The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1862-06-11

indictment by grand jury, the arraignment
| and trial. with all their accompanying Incl.
dents, which are So much spoken of 10y
those who oppose the doctrines of this bill.
These constitute due process of law impair.
| hcular cases. whenever the life or liberty
of the citizen is involved but Whenever
You undertake to reach his property, you
, reach it 10y u process appropriate to the ac-
complishmcnt of that object, and that pro
cess is a compliance with this clause Of the
Constitution.
TRIAL BY JURY.
1t is objected that this bill dcprivcs par
ties of the right of trial Ivy jury. deny
1t. | say that there is u section in tho bill
which secures the right of trial by jury, if
the party chooses to appear in court aud
demand IT, We obtain jurisdiction over
property 10y taking hold OF the thing. Itis
provided by one clause in this hill that the
laws OF the United States regulating pro.
ceedings in prize courts aud courts of adj
miralty shall govern the proceedings under
the bill, In looking over those laws | find
one branch of the laws which regulate suits,
in regard to maratimc transactions upon
lakes and rivers inland, gives the right of
trial by jury. and understand this clause
of the bill which Incorporates that law to
cntitle the party, if he choose, to enter his
appearance and to demand a trial by Jury
upon any issue Of fact. The action OF the
law relating to admiralty cases, to which
refer, will be found in Brightley's Digest,
page 25) in that branch of jurisdiction
which relates to the lakes and rivers. And
one clause of this bill incorporates that law
as part of it, 30 far as it is applicable.
WHAT Is THE WAR POWER?
] have frequently heard during the pros
ent session great deal said about u peace
Constitution and a war CONSTITUTIONS Con-
sttution Where certain powers are lodged
III Congress in time of war which do not
exist in time of peace, subscribe to no
such doctrine, The Constitution il the
same to-day as it was tho day it was adopt
ed. 1t is the same in war that il is in peace
BIT while say this do maintain that there
are powers i'll the Constitution that shmbcr
i'll time of peace, but which are appropriate
to be eSCrCiscd III time of war. There are
some to which | could call attention. about
which there is no question: for instance.
there is a clause in the Constitution which
prohibits the Quartering of soldiers in any
house without the consent of the owner. in
time of peace but it may be done in time
of war. That is a power which this gov
erument can only exercise in the time of
war
There is another clause in the Coustitu-
tion which prohibits the suspension of the
writ of hGje0s corpus, except in cases of
rebellion or invasion, when the public safe
ty demand that it shall be done In time of
war, when the country is invaded by for
ci%n enouly, on when civil war springs up
at the hands OF our own citizens, this war
power was put there to enable that dcpart-
mcnt of the Government entrusted with the
execution of the laws OF the Government
to carry out the purposes of the Cunstiul-
ton. 1t is power placed there, as | un-
dcrstand. to enable the laws of the land to
be executed and whenever rebellion or in
vasion prevails in the country the President
of the United States, charged with the exc
eution OF the laws where that execution is
prevented by the interpostion of rebellion
may use all the mean9 the Constitution has
furnished him to suppress that rebellion or
repel that invasion. That is the war power
1t sumhers In time of poaco, hut like lion
III repose, IL rousos M from It's slumbcring
and watches whenever the enemy appears.
and let those who undertake to destroy the
nationality trembc in fear of its presence.
undertake to say that fGr the purpose
of Solt-preserVation there is no nation upon
the face of the habitablc globe that possess
es, do not say usurped, but Constitutional
powers as this Government possesses, not
for the purpose of oppression but for the
purpose Of protection, and for the purpose
OF seli-preservatiOn. Sir, rcbollions usually
succeed i'll despotic government. Why?
Because they arc rebelions of tho masses
against one man, whilo rebellion III this
country is moral, political, and prac-
teal impossbility, SO far as success is con-
cerned, because it is the rebellion of the
few against the many; it is the attempt on
the part of the few individuals to destroy
Il government which is the property of the
whole, and it follows as certainly as fleet
follows cause, that no such rebellion can
succeed.
1t is in this view hold that although the
Constitution is the same in time of peace
that ii is iIftime of war, yet it has slunlber-
ing powers, when walked up by the ap
proach of danger, which, in the attempt Of
selt-prescrvation, are competent for every
emergency, and they are developed as oc-
casions present themselves.
THE POLICY OF CoNFIsCATGoN.
Having said thus much, Mr.. Speaker, in
reference to the Consttationally at confis-
cation, desire now to say a few words in
regard to the policy of il. | claim to have
in my bosom as much of the milk of human
Kindness us most men claiiA to possess
~ broad a charity as most men. am per-
fectlv v-Hline for one to forgive the past
am willing to say ,C ,,hose who have un-
dertaken to destroy the best governhcnf
on the face of the earth, 81 forgive you
go and sin no more" am willing t) do
that but when get there my charity and
my mercy stop. | am not willing to say to
them, Go and do as you have done, in the
full Consciousness that we have no law that
can be practically executed, and that will
punish you am not wi ing 10 eXpend
the whole stock of my charity and gencr-
osity upon those who have plundered, rob-
bed aud murdered the Union men Of my
own section. am unwilling to say to them
Continue in your helish deeds, and yon
shall rest secure under the protection Of
the laws aud of the Constitution" know
something about their generosity know
something about their mercy. know how
my own poor constituents, whose hearts
were not infected with this crime of trea-
son, this sentiment of treachery, were treat
ed at the hands Of these men, and yet
say forgive them for what they have done.
! seek to do nothing against them from mo-
tiyes of revenge. | ask 10 Indemnity for
the past; but, in the name of my outraged
aud loyal constituents do demand at the
hands Of this Congress security for the iu-
tare and say, if the government of the
United States is not strong enough, and has
not courage enough to punish crimes against
its own authority, and to project the loyal
men who have stood by it in the hour of
its darkest trial it is government unwor-
thy the allegiance of free and brave peo-
pie. Sir, when say these things ] say