Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1862-07-14
From Tue Boston F0st.
Senator Browning on sumner.

SenatOr browning on summer
Not long ago we called attention to n speech
from the very able Senator Browning. (Repdbli-
CAM from Illinois, for its high tone, statesman
Ike views and sound Constitutional positions
He made speech on the 25th, on rhe confsca-
Iion bill, extracts from WHITEHALL we have seen
except the abstract in the debates,-come fully
up to the JetfersOnian test of honesty, capacity
and fidelity to the Constitution. Compared with
such a touehstone, to try men and parties and
measures, all other tests with every true lover
of bis country, in such an awful hour as this,
must sink to nothing.
This speech examines with closeness the doc
trine which is in the mouths of all emancipation
lists here as well as in Congress, as to the nature
and extent of "the war power" by virtue of
which the slaves of rebels may be declared free
and all property of the rebels declared cOn6sca-
ted. This power is analyz and found to be
executive function which can be invoked by COM
manders on the field when tits necessary. IN order
to carry out an object in hand as the destruction
OF houses, crops or property that interieres with
the success of military operations All this is for
the executive to determine upon, not Congress.
The object of Senator Browning is not to discuss
the extent or seasons of these military neceSsi
ties, but to show as he does conclusively, that
the determination of them does not come within
the range of powers delegated to Congress.
Ii is undoubtedly necessity that punishment
be meted out to the promoters and authors of this
rebellion. They have levied war against the
United States, and this is treason-the punish
ment of which is provided for in the Constitution;
and Congress can do its part in making the laws
efficient, but it can not go beyond its legitimate
functions. 1t is not the sovereignty. 1t has no
sovereign rights lt can pass acts, and when
these acts are approved by the President they be-
come laws. These laws are binding, unless an
other power, the Supreme Court declares them
to be at war with the supreme law, the sovereign
ty, and then they are null and void. Abolition
members OF Congress seem TO forget that they
are but pats of Government, not the Govern
ment.
Senator Sumner practically ignores this in his
strange mOnOmanac course, going outside of the
Constitution. This courses severely reDrobated
by Senator Browning. We are unable to see
how the points, strongly put in the citation be-
low, can be overthrow. Let our columns attest
how earnestly We have maintained that the propo-
sitions of Senator Sumner are anti Republican;
but we have said nothing more severe than is
said here by a brother Republican, IN the Just
charge that his proposition is-not TO uphold our
Government, but TO TeHd IFS pillars asuBder,
Let US stand by the Constitution and fulfil its
pledge to guarantee TO every State in this Union
republican form of government, and to protect
each of them against invasion, "and domestic
violence" Let US not be seduced "outside of the
Constitution" by any temptation. however strong.
and thus admit before the nation that it has
failed in the purpose of its creation, and that
we can no longer govern in accordance with its
provisions and requirements. fhe Senator's
Mr.. Sumner's proposition is not to defend,
maintain and uphold the Government we have.
but to rend its pillars asuuder and reconstruct
another from its ruins. In what does this
differ from the effort OF our revoted and rebel
lious people but in the proposed for its ac-
cOmpliShmentI
Admitting that in ga Government bound by
written Constitution nothing can be done which
is not in conformity with the Constitution,
the Senator insists that we shall 90 outside of
the Constitution to make his wishes accom-
pshed facts.
Admitting that "no person shall be deprived Of
life. liberty or property. without due process of
law which means without presentment or other
judicial proceeding, yet he urges upon Us, by
simple act of legislation, to sweep millions of
property from-thOse over whom, as citizens, We
claim and exercise jurisdiction
Admitting that mo attainder of treason shall
work corruption of blood or forfeiture, except
during the life of the person attainted," he yet
asserts that 'there is nothing in the Constitution
to forbid an absolute forfeiture for treason, and
urges that Congress shall at once proceed 10 con-
6scate all the property. both real and personal of
CcTtdlu Cidccco VI CitlLcllS VI Tie Otitcos
and that forever.
Admitting that 1.-THE reason for proceeding in
rem" is 'that the thing is, in certain sense, an
offender. or. at least. has cooperated with the Of
fender, in the case of ship in the slave trade,
he yet maintains that proceedings in rem may be
instituted against all the property of rebels wler-
ever found, simply because il is their property,
without any reference whatever 10 the uses to
which the property has oeen applied.
Admitting that persons captured in battle "may
be detained as prisoners till the close of the war,
unless previously released by exchange or elem
eDcy," he yet contends that all prisoners taken
by our armies may instantly be handed over to
the civil authorities, TO be pursued and punished
as criminals.
Admitting that Congress has no power nnder
'ne Constitution over slavery in the States, he
YET labors to prove the possession OF the power
oy Congress, and presses upon US to use IT, ct de
SSI,arng free allhe slaves in all the States Of the