The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1862-05-27

be conducted. Inc TTesluent cannot lay
down and fix The principles upon which war
shall be conducted. He is as powerless as
one Of us or one Of the people 1t is for Con.
gress TO lay down the rules and regulations by
which the Executive shall be governed in con-
ducting war.
Senators drag 10 the law Of nations as a
stumbling block 10 our constitutions! rights.
Why, sir, does not every man who is law
yer know that, although we ought TO be oh
servant Of the law Of nations, it is in the pow
er of Congress, il they please, to contravene
these laws-not that they oueht-to overrule
il! Why, then, interpoSe the law OF nations
between us and our rights? 1t may be very
good advisory doctrine, but when you put il
RS limitation Of our power, it is nothing bot.
ter than nonsense. 1t is but very few days
since we delibf rately, and | believe without
any dissent laid down an article Of war bind
ing and tying the hands Of the President rs
Commander-in. Chief Of the army, and direct.
ing him upon what principle he should, in a
certain particular, conduct the war. Was that
constitutional? Could we, under the Consti
tuition provide an article Of war? There may
be hundred articles of war; and if we can
prescribe the rule to the President in one, SO
we can in all.
Mr.. CowAN. VIII the gentleman allow
me to ask him another question?
Mr.. WADE. Certainly.
Nj. CowAN. He persists in utterly and to
tally misrepresenting to position of the op.
position to this bill What We say is, that
the power Of the Executive of this nation is
absolutely desrotic aud unrestrained as against
the rebels. Now, the Senator saws, because
Congress can make articles Of war therefore
that is not tue. Upon whom do the articles
of war operste' Upon rebclsf No; but up.
on our own citizens in the ranks of the army.
Congress has right to make rules and regu
Iations for the army inter Sc, but those rules
and regulations do not affect rebels, those at
war with The Government. trust gentle
men, if they have good case, will meet this
question fairly, and not endeavor to divert the
attention of the country from the real issue
because / admit there is n real is.ue, and |
have great respect even for those who enter
tain different opinion from myself-and put
II upon something else. The question is dis
tinctly, and would be glad to hear the learn
ed, and had almost said venerable Senator
from Ohio
Mr., WADE. Do not say that, above all
things. Laughter,
Mr.. CowAN. | mean to say the Senator
from Ohio has great deal more Of expert
ence, great deal moro of learning and know
edge upon this sui jcct than have. | say
tho 'enl question is, in time Of rebellion,
when these people arc resisting the municipal
law, who shall, under the Constitution, meet
them and apply to them the force of the ma
ton, so "a to bring them back within the do.
main -four law M DE- by Congress We say
it is the Pre- iden,. The gentleman says, if |
understand his argument, tia; Congress is to
direct those operations. Now, am willing
to bear him make ttat point good if he can. /.
Mr.. WADE did not intend to vi,ld tie
floor for the gentleman to make speech, but
the very question that | supposed was ar.
guing, and hat was, where wa. the power to
conGuct this war loigcdl That ;s precisely
what | am discussing, and have endrayored
t. show the ahSur.ty of making an irrespon.
sjb'c chef Of the Commanler.In Chief Of your
army aud navy. Then, sir. where does it be
lcng2 say it is in Congress aud was pro
c'cding to show it, not only from the Consri.
tItion but from our action as assented to bv
G. ngrcsS, always and without dispute, in ma
king ajticles Of war. Not one of them cx
isis, nor can exist, without the consent of Con.
gross, for an hour. The Senator wants TO
krow wheth'r we can have anything to do
with the conluct # this war. Sir, can we not
prescribe ths President upon what prnc
pc he shall rclrnse every prisoner of war be
has cot' Can we not prescribe TO him: you
may take prisoners Of war, but they shall be
discharge! upon taking the oath Of allegiance,
or they shall hung when taken? We are
to say whether a rebel taken in war shall FOR
felt bis estate, or whether he shal 90 scot
free. 1t is all with us; and he who believes
that this great power is lodged anywhere else,
is an advorate Of despotism, and has never
caught the spirit Ct bis fathers in forming the
Constitution. IIo would mako ,he President
an irresponsible despotic chief, whom Con
gress could not reach nor touch. What are
we legisairng abouti Why, sir, if under.
stood the Senator from Pennsy ylvania, the 9th
or day, he thought, in times Of peril to our in
stitniions, in gigantic rebellion like this that
the whole power O. Congress consisted in fur
nishing means to he President for carrying
on tho war; that such was our Limitation. and
we could do nothing moro. It would te
strange, it in this, as in all other cases, the
greater did not inclnGe the less. If We might
fetter the President and render him yowcrlass
by Withholding supplies, and thus PIT an end
to the war, would it not be singular il we
could not prescribe the rulo upon which the
war should be conducted?
1t is said that the President can do any.
thing; that he can forfeit estates. Was that
the Senator'S argumonr' Does he believe
that the President may by his proclamation
forfeit all the estates in the Souh, want
to know that.
Mr.. CowAs. Does the Senator want an
ausweri
Mr.. WADE. Yes, sir; now and here.
stated, ] think, repeatedly certainly ut least
three times, the extent to which the Presi
dent could 20 in that respect
Mr.. CowAs. VOL, sir, in the first place,
the President is guided 10 that by tho laws Of
war. He has right to take all tho public
property Of the enemy, and to apply il and
appropriate it to the maintenance of the war
against the rebels.
Mr.. WADE. Has he the right TO take the
private property?
Mr. CowAs. He has the right to take pri-