The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1862-09-18
$3.50 PER ANNUM IN ADVANCE.

Il naval officers under him must OF heoeSsi'y
+, Judge in the first instance, of the exlgencles OF
t the war, and prosecute it in all places ull the
E principal object be accomplished. The power
, to arrest is as undoubted as the power to kill;
i, and is as necessary an exercise of the war
: Ipower. The power to destroy property, II nee
essarv to the successful prosecution OF the war,
is of the same uudoubted nature. 1t IS worthy
of notice, that in the constitution, lie, hber ?
> tv and propertv are united in the same pros
Wis len as follows: No person shall "be de-
prived of life, liberty or property without que
process of law - and all stand upon the same
/ footing so far as this discussion is concerned.
i AnSexercise of the war power may sweep them
/ alFaway and the constitution no more pre-
i tends to protect one than the other, as against
the qcar po,cer Would it be pretended that II
a spy came within the military lines, under
such circumstances as are forbidden oy the
tusaees of war, that the President, or his SER
wants could not arrest him without warrants
/ And could it make any difference that the spy,
| whose character was clearly ascertaned, should
be found in one of the loyal States Suppose
the government should be collecting at Cincin-
| natl large forc9 for particular purpose and
soldier from the rebel army should be sent
in disguise within our camps to spy out the
number condition and destination of the troops;
would there be the slightest doubt of the poWH
err of the President or his military subordinates
summarily to arrest such person, and SUBJECT
him to military trial and punishment rs spy
| Yet the address says, in most charming gen
erality of expression, "We deny the power OF
the executives to make arrests IN the loyal
States There are federal courts IN all
the States with full power and jurisdiction to
punish all crimes against the United States
| "a gain suppose the success OF a particular
campaign should be found to depend upon an
entire secrecy yetthat some newspapers In New
| York should persisist in publishing day after
day full particulars of all preparations and plans
of the campaign, thus acquainting the r@oeis
with the information necessary to render IL
failure Would any man doubt that this was
if done knowingly and wickedlv, giving aid to
cumstances be the duty of the President or
his military agents or officers to arrest such eds
| itor and suppress such newspaper with ar
| tllery. if it could not otherwise be suppressed.
Yet this addres says, without any qualification
whatever Z" We deny the p0'cer of the exc
cutive to trammel the freedom of the press by
the suppression of newspapers" &c.
| The error of this part of the address IS That
| il is not directed against an improper exercise
| of the power but denies the pOsCer, in even
proper and absolutely necessary case, to arrest
a spy in free state, or prevent newspaper
0ivinr information to the enemy that will rens
| der a camnaign abOriive. This egTegious err
| ror is to be reprehended, tho it was penned and
endorsed by an eminent lawyer, who well knew
the broad distinction between the existence OF
a power, and the improper exercise otit III a
given instance.
Manifestlv the character of the offence must
determine whether it be amenable to military
punishment, and not the place or State where
| it was committed. If soldier from the rebel
army is really spy, it can make no difference
with the mode and extent ofhis arrest and puns
lishment whether the field OF labor assigned
him by his commander be on the north or the
south side of the Ohio, at New Orleans or New
! York If the act complained of be IN its chars
acter, military otfense' then II merits. ana
| must receive the speedy award of military law.
The arresting of spies, by warrants from the
Icburts, would be a good joke indeed Some
WHARF in Burke's works, he ridicues the Chief
| Justice of India, by representing that he tried
10 snnoress a rebellion with atfidavits. Mr.. Ky
an must. have Iisen from recent reading OF
| Burke's works, when he penned this part OF
his address 1t is unnecessary TO speak OF par=
ticuIar instances of the exercise OF his power
to arrest, aud, to suppress newspapers, or 70
exnress any opinion as to the PROPHECY or inns
nropriety gifts exercise in particular cases, beS
Irause this is not discussed in the address. The
eubiact of discussion is the power itself; and
| not whether it has been improperly exercised.
No mower was ever lodged with any human be-
inc that might not be mistakenly exercised
but this is no argument against the existence
of the power.
And every lawyer knows that wherever
nowersis lodred there res to also with it the
! mower TO Judge whether the proper case is pre-
! sented for its exercise this is absolutely nee
essary to the utility Of the power The Presi-
/ dent and his military sutordinates must there
| fore iudee. answerable to public opinion and
on their consciences to their God, whether the
nroner case exists to make military arrest,
70 batter down fort, or blow up q neWspa-
/ nor The President must Judge OF the con
dnct of men and of the character of the pubf~
atoms and say whether they are of class to
no nroceeded against in the courts, or with bay
oNets The President for instance, mustJudge
/ ~ The character of Mr.. Ryans address, and OF
lila criticism Of it, and if in his opinion either
! are calculated to spread dlssensIons IN the
! Nortl tn such extent as to render aid to the
military operations of the South, he is as clear
.IIv authorized to deal with the author, as he
y,dnld be to deal with him for doing any 9th
ar oct than directly aided the rebel campaign Of
arms. i a paper embodies aoStfacS uoct ~, u
noo,elv erroneous. but which cannot contribute
d;rectIv or presently to aid the military operas
tiors If the enemy but are like the address
univ calculated and intended TO secure for Its
/ author favorable political consideration on the
mart of southern politicians after the war Is
ended then l suppose the author shouid not
| be arrested without warrant from the courts.
hut if the uaper contained information or sem
timents directly and presently calculated to
/ stree ethen the rebel, and paralyze the loyal
arms in the field of battle then the author
sbould be arrested. The President must o!course
i ind 70 in auy given instance to which class a
qualification belongs and treat it accordingly
w. ON conceive that in a critical point of a
camD.ig,i the mere announcement on a GER
tain day in New York paper, that ten reSl-
f meuts from New England had landed IN New
4 York that morning, might give the enemy lhS
4 far,ustion npon which be would either fight or
dacI,ne 10 FIGHT at a particular time or place,
and thus enable the enemy to WIN victory over
:, ms ar prevent us from winning one over him.
Ana his publication, if made for this purpose,
vtonld render the editor as guilty of treason, as
, I+bouch he had contributed with his musket to
help the rebel army to gain victory or AVOID
a defeat The prosecution OF campaign re-
. ouires great variety of efforts to insure It's
! Success. Some must fight in the field, some
must take care that provisions and ammunition
are furnished to those who do fight aud 9TH
ars must act as spies ard obtain and transmit
MILITARY Information 1t is immaterial which
one of these necessary branches of military
= service a man is found performing, he is equal
:. Iv 'onilty Of treason he is equally rendering
: nrssent aid to the military operations ofthe emf
temy; and is equally subject TO summary ares
and MILITARY trial and punishment.
There are many other equally untounded an
O erroneous statements in this address, affrme
with confidence that may well make MAJ
e who reads it wonder whether he is dreamlng
n or listening to burlesque upon patrlousln at ~
e democracy but these few Things may oe'
Y illustrate the balance. ,,.-.. t.,,,bs
. There are some occasional and shining susnS,
that half redeem the address such ior
as ths.-"U unfortunately among many clemens :;
his Country If any one doubts it, let n nm n
= rad the address. And in considering II, II u
= consoatory and conclusive evlde1ce shaS Ine
: Se,nocrats of Wisconsin are SOUND ana ioyai
i Nt, 0o where YOU will in this city since it
i 'nT' YOU hear it spoken Of only in terms
III 4 $3.50, -,,rad deD1,uciatiOu. rH