Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1862-01-22

Naio4lud aSSCINGu lOI INC SOfcIHHeHl III
right to exercise its supreme power, an,
make use Of most extreme measures, t,
suppress the threatened insurrecrion.-
But the Government on that occasion sup
pressed the incipient insurrection by lcgis
lative action, removing the alleged cause o
the disaffection.
The present object is, however, more
particularly to ascertain what powers anC
means the General Government really pos
sesses under the Constitution, for its self
protection in the present emergency.
The powers Of government in times Of
peace are exercised generally through al
the co ordinate departments, the legislative
judicial and executive. But in times ol
such a gigantic insurrection against its
authority, the poa ers of government fol
its suppression are those, for the most part
appertaining only to the legislative and
executive departments. 1t being the Office
Of the legislative department is the exer-
else of its constitutional powers to make
laws expressive of the rights of the people,
and conducive to the safety and prosperity
of government, Congress may pass such
laws, not prohibited by the Constitution,
as may tend to the restoration of peace
and coed order. The executive power Of
the government can only be exercised for
the suppression of the insurrecti0n by a
legal direction Of governmental forces to
that end. And the executive direction Of
this force to that purpose in the exercise
of military power. This military or war
power comprehends the authority to direct
any or all the forces of government as PRO-
vided and organized by Congress, to the
hurt, subjugation, or obstruction of the
forces or persOus who are in a hostile at
, titude to the 2 rnment
10 fully appreciate the extent-ef these
powers of the government, it must be re-
membered that, however large are the pow
ers Of the State governments, and however
limited those Of the general government
under the Constitution in times of peace,
in regard to war, invasion, or insurrectiOn,
there is no such division of powers under
the Constitution. 1t is, the exclusive Of
flee Of the general government to suppress
such an insurrection. The relation of the
government to the people of the several
Statcs-they being all subjects of the gen
eral government is in such case, the
same as it would be if there were no State
governments, 50 far as it respects its pow
ers under the Constitution to suppress the
insurrection. By subjects of the general
government, l mean all persons within the
territorial jurisdiction of the United States
owing allegiance to and entitled to pro-
tectIUH from the United States, as the
government to which they belong, whether
in a State or Territory.
All laws passed by the general govern
ment for raising armies, calling out the
miilia, &c, are necessarily constitutional
and obligatory laws; aud being 50, are, by
the Constitution made the supreme law Of
the land.
The language Of the instrument is
This constitution AMI the laws of the
United States, which shall Re made in
pursuance thereof, anI all treaties made or
which shall he made under the authority
of the United States, shall be the supreme
law OF the land; and the judges in every
state shall be bound thereby, anything in
the constitution or laws of any states to
the contrary Notwithstanding
Congress 4 ay theref r. pass any law not
prohibited by the constitution, for the
efficient suppression Of the present insur-
rection; either to exert the supreme and
extreme powers of the government, by call
inc forth all able bodied persons. aud aP-
prOpriatiug the necessary means to make
efficient the entire military strength OF the
government or the government may enact
such laws not prohibited by the constitution
as may affect the rights aud immunltes OF
any. or all classes of persons, subjects Of the
general covsruu elt s ;st} h1yca r.; soLa5.e
tendency to terminate the Instruction, and
thereby avoid the necessary sacrifice of the
treasures AMI lives of the PEOPLE, by mere
military force, without such auxiliary leg
islation. 1t is within the discretion of the
government to determine what constitution
al measures shall be adopted. Its powers
and duty, to suppress the insurrection, are
What are the means Of government which
il NAV use under the constitution, In the
exercise Of its supreme military powers?-
answer, the entire military strength and
wealth Of the government; or in other words,
tle persons and property Of the United
States.
As to persons-The general government
bsing empowered to raise armies, and to
call forth the militia of the several States,
has unquestionably the power under the
to command the services Of all
able bodied persons. And if it should be-
come necessary for Congress to depart from
its practice, to provide for raising an army
by volunteers, there could be no constitu-
tional objection to their providing for rlis-
ing the necessary armies by eonscriptlon,
and such a law might in the discretion 0i
Congress. inclule able bodied persons OF
ONLY a particular class. or condition or o.
al classes and conditions: and the same
would In either case be obligatory 70 COM
rcI tbe services Of the persons designated
When Congress should 50 have passed
law. W under the power delegated in the Con
.titntion l to raise armies, and to organize
md cali on. the militia, &;, for the exigen-
=. named. no Stat3 laws or institutions
.33ulI = intercept its operation. All persons
yitbin the United States would be bound
" The law, without any respect to the do
nestle relations of superior or subordinate
1Ieb as parent and child, master and ap-
,reutice. or servant. For however true it
3 that every State has heundoubted po-
ice power to determine and establish
hose relations within its own limits, and
o determine the time for which the child
hall remain subordinate to the parent, and
Or what length of time the apprentice
7 servant shall remain subordinate to
ther persons, as their superiorS, wheth-
r for years or for life, yet in such
n exigency-as an extensive and formid-
.ble insgrreetion-the laws Of Congress