The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1862-04-10
TuE LAW MAKING POWERS OF
CONGRESS-.

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feuse of the country and the suppression Of the
y uion. especially from that cass OF persons
whose sympathy Cor the South frequently takes
possession Of thcir better Judgments. They 90 on
/, toll us Just how far aud the cStcut Of the power
aud our particular duties uudor the Ccustimuon
In this connection we also bear much said about
States Rights, going so far as to declare
that the object and purpose Of the war is bearing
towards the breaking down Of States Rights, and
the Inauguration of one grand military empire. We
admit, however, that these arguments are used
measnrably by partiEan zcalots, aud seldom ever
emanate from any who have the cause of the Union,
aud the maintenance Of our free Institutions at
heart. The life Of all free governments necessarily
depends upon just laws, their general supremacy,
and their rigid enforcement. Upon these premises,
there is no room for doubt - for these are tho pro-
cepts of the great spirits whom God taught to found
and build the magical structure Of our ci, IL insu
tions. For more than year this supreme law Of
the land has been defed, and clo,eu down by the
red hand Of rebellion in eleven Stans of this Uuou,
extending from the Potomac to the Rio Grande To
lit up over all that vast region The fallen ensign of
the Republic and re-assert and enforce the supreme
law is the firm duty and fxcd purpose Of the people.
In the discharge of this patriotic duty; in the exc
cution Of this sublime purpose to save the nations
life by enforcing the nations laws, VIC come to the
consideration Of the subject, What is tic supreme
law Of this Repubic?" "Thc Constitution and the
laws Of the United States which shall no made in
pursuance thereof, and all treaties made or which
shall be made" Such is the declaration Of the Con-
stitution, anything in the Constitution and laws of
any State to the contrary Notwithstanding. From
this stand point combining ourselves strictly to its
power and limitations, come to no other con-
clusou than that the Government Of the United
States may by law authorize, and by force do against
these traitors whttcvcr in consOnance with natural
justice may be necessary to the speedy and complete
suppression of the rebellion. 1t may rghtully
and Com itutionilly do more. 1t may in1ct DEATH
upon conviction in accordance with its statute,
upon every person owing allegiance to it, who has
levied, or shall hvy, this unnatural war against it,
who has adhered or shall adhere, TO those rcb-
c-, giving them aid aud comfort either IN the Uui
TOD States or elsewhere
Bat say these gentlemen who are so fearful Of the
Constitution, tho plea Of necessity is a very conve
nicnt cry when directed against the South. Neces
sty is tht plea Of tyrauts necessity is the banc Of
all fear" True, necessity is the plea OF tyrants,
but il is only by wiongfuly arrogatng and assum-
ing the riGhtful powers of good government that
tyrlnts rule. Tyrdnts enforce their assumed au-
thoritics and unrighteous dccrecs by arms, and it
follows consequence that just and berefccnt
government wrongNlly and wickedly nssailed, aud
threatened with overthrow. may protect and pre-.
serve its own cXistcuCc by arms. This is the
C'Itel ma vim Of the common law OF nations that
atevcr ia necessary to the preservation of the
country Is Just, with this limitation, that what is
inherently unius Is never necessary. When the
nation is driven to the assertion OF ts power by war
which is not obtanAblo by any other method, IL has
thc right to do against tho cuemy, whatever it finds
necessary 10 tbs attainment of that end. Right
Foes hand IN hand with necessity, in tho cxigcnciCs
# II case, but neycr exceeds them"
Upon this subject, John Quincy Adams said
f" There are two class o. vuwrrs vested by the
the Constitution OF he United States in their Con.
greSs AMI Executive Government; the powers to be
exercisod in tua of peace, and the powers incident
70 a state Of war. That the powers OF peace are
limited by The provisions within the body of the
Constitution ITSELF but the powers OF war are limit
oil and regulated only by the laws and usages Of
nations, ani arr subject to no other limitation" 10
tha same point, also, was the opinion of Chief JUS
tice Marshall. when he said "Thatwar gives to the
sovereign the full righ, to take the person aud con
facatc the property Of the enemy, wherever found,
is conceded Says Hamilton, VIII contributed by
his great intellect much ns any othor to the for
mltion and and adoption Of the Constitution, " The
authorities essential to the care OF the common de-
fcnso are theso IN raise armies, to build and equip
fleets to prescribe rules for the government Of
both to direct their operations to provide for their
support These powers ought to exist wiihom im-
hron, because it is impossible to rorescc to define
the extent and variety of the means necessary to
suisfy them. Til, circumstances which cndanger
the safety of nations art infinite, and Tor this
no constitutional shackles can wisely he imposed
on the power to which the care Of tits committed
This power ought to be under the dircc-
tion of the same couasels which appointed Ia
preside over the common d,fcnse. = 1t must
be admitted ~ necessary consequence thnt there
can he 90 Limitation Of that authority which is 10
provide tot the defense AMI protection OF the commu-
nifty in any matter essential to its efficacy, that is
in any rlnncr essential 70 the formation, direction
or support of the national forces" Madison said
/" II is vain to oppose Constitutional barriers 10 the
impuls1 st svC-prescryatiou. Our National Consd
tuition provides that Congress shall have power to
levy and collect taxes duties imposts and eScises
Sn1 general welfare Of the United States. Torai c
and support armies To provide and maintain ma
Wy; to mix, rules for their government and regua-
ton to provide for calling forth the militia to exc
cute the laws Of the Union suppress insurrccton or
rebel invasion to declare war, grant letters OF
marquc and reprisol, and make rules concerning
captures 10y land AMI water.
Such are the rights aul powers of the Govern
ment, aud, in this point Of view, it is the duty Of
Congress To provide by law at once for the employ
meut Of all iusthablc force against the persons and
property Of these Rebels the end not merely that
the avonging OF an insultcd people may iai
upon them, but that the nation may live 90 that jus
tice may be established go that domestic TRANQUILITY
may be restored -- that the general welfare NAV be
more firmly built up tha, personal security and
the blessings of liberty m b. forever inSured.-
For these cnds the Constitution was ordained by
tn, people not, hpN'yoF, without suffering mar
tyrlom and the sacrifice Of ulo,d. Congress should
by Law provide for tue cmhseatioa to the public
use, and to she suppor, Of the Government, the pro
perly of all who have or may hereafter engage il
this rebellion. This is partially provided for |,
the con6scation act passed the last session. /,
true but this Legislation should be extended 81 a
to authorize the seizure aud contseahon To the pub
lie use Of all property, real aud personal monies
accounts stocks, credits aud effects Of all rebel en-
emies, their aiders AMI abetlors, wherever ioun.