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

forfeit il for his life on conviction of treason,
and, as | believe, upon a judgment in outlaw
~ against him upon an indictment found for
treason. That is as far as either Congress or
the President can 60.
Mr.. WADE. Gao he forfeit the personal
propertyH
Mr.. CowAN. The President may take and
seize personal property. 1t ia not exactly a
forfeiture. l. is a capture that he takes un
der the laws of war. by way of retaliation,
when they take and seize our personal prop
erty That constitutes what is called the mil
itary necessity, snd that military necessity is
the measure of the power Of the President,
the measure Of the power Of the Commander
in Chief Of the army in that regard.
Mr.. WADE. The Senator IS not quite con-
sstent with himself. lie said, minute ago,
it could be done by way Of retaliation, and
now he saws it must be done as a military ne.
cessi,v. Let it be so. What becomes of 1t
in the end? Does it 20 back to the lndvid-
ual, or does il come TO the Government? Will
tho Senator tell me that?
MIR. CowAN. If the gentleman desires an
answer, say no; it does not 90 back to the
enemy any more than the life of person kill.
ed for retaliation.
Mr.. WADE. The Senator does not like to
meet the proper inferences deduced from his
own doctrine. He denies that the President
even armed as he says with despotic power,
can change the title of property, for retalia
tion or anything else. He eau do nothing be.
yond his camp. Notwithstanding all these
attempts to magnify the power of the Com
mander in. Chif, the true doctrine is this !:
when he marches an army into the enemy's
country and sezes upon his property, all that
by main strength comes into manual posses
sion he takes; but can he make rule heyond
his camp, beyond the line of his military de-
partment9 None at all; be is perfectly, TO
tally powerlcss. Sir, every man who has
caught the spirit OF our institutions should
frown down this attempt 20 magnify the Pres
ideut into an irresponsible despot, with power
to prescribe rules and regulations by which
the estates, real or personal, of men can be
forfeited. The belligereut rights Of your Gen
cra, vour Com ander in Chief in the field,
never did and never will 90 one inch beyond
the boundary of his camp where he holds
martial law. There he must prescribe rules
while he doe. hold it; but the moment he
moves his clmp, that moment all his rules
and regulations are gone with his removal
That is all there is Of it; and that ghost Of an
authority the other side have endcavored TO
magnify into planary despolic power, | de-
nounce as utterly slavish, anoualous, and at
war with our FREQ institutions. But enough
upon that subject
Sir, there is no man in this Senate who
needs lecturing upon constitutional obligation
less than myself. | believe am as much i'm
pressed with the full importance of maintain.
ing that great instrument as any man in thI,
or the other House of Congress. | 90 further,
and say that not only tho American people
are interested in maintaining our free, glorious
institutions in tact hut it interests the whole
civilized world. yea, aud the uncivilizel world :;
for the great and just principles deduced from
the law Of nature asd the nature OF man, and
woven by our wise forrfathers into our Con
stitution, are the political hope Of the world.
Destroy them, and the world is again al sen
without compass. 1t Is because ! am zeal
Gus II maintain them that ! trample under
my feet these slavish doctrines of to day, that
the Congress, Of the United States have not
the power to maintain that Constitution against
all violation from any quarter.
Talk 10 me-, sir, about violating the Con.
sttulon. | have heard too much Of it. Ev.
cry man who was here 4 year or two ago
knows that this same idea was inculcatel then
by those who are now open traitors. They
sought to tic aud f'tter our limbs 10y the cry
of violated Constitution, that its enemies
might stab il to death. There is no, man
now in what are called the Confederate States
levving war, coercing mon into this accused
o., Il 4
ton Of ours. hnt harped upon tho same string
that Senators have harped upon in this de.
bate. The arm Of the Constitution was too
short to defend itself from aggression. These
were the doctrines that they announced, and
then they went off and rmed an orranza.
tion, and implored foreign nations, yea, and
agreed to become the vassas Of foreign dos.
pots, if they would only aid and assist t .em
in overthrowing this Constitution Of ours-
First they claimed that we had 10 coustitu
tioual power to defend the Constilution--a
very cheap way if they could succeed in it to
get along with ther rebellion. We must lie
down in our tracks, because f We undertook
TO raise an army to go forth TO conquer the
rebellion, we were acting without constitution
al authority, Was not hat what they all in.
sisted upon! Did they not say Of tho Al
miuistra ion what Senators on the other side
of the Chamber are saying every morning
now? Did not the former colleague Of the
Senator from Kentucky (Mr. PoweID accuse
the Administration of tyranny AMI dospot-
ISM 1t is the old tune that was harpcd up.
on by every traitor who is now an open enc.
my to The Constitution of the Unitel S'atcs.
They undertook to show that the Constitution
was, somehow, telo de Sc; that it did not con
tain any pwer, or it restricted us from using
any power for it's preservation. Sir, those ar.
gun euts will not do
S,uators are very tender of forfeiture and OF
conti,cation. How is it with the open enc.
mics of the Constitution Of the United States
Have they any scrupes to maintain that in.
famous counterfeit called the Conied ratio
Constitution! Tho man who fails to come
up to all Of its requi'itions, if ho escapes,
with tho loss Of all his property, with his ifo
is fortunate. This cowardly, this unworthy
doctrine that Senators preach is only for tho
qualification Of those who are seeking tho dc.
struction Of the Constitution.
Let me say in passing, that you compel
loyal men in the Confedorat, States TO bo.
come the abcttors Of treason because you are