East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1862-05-13

produce a good ELECT IA that way very
we'll; bot il we cannot 10 it pursuant TO
aud within the provisions Of the consti-
tuition, let MS not, at this particular period
of our trial, acknowledge in the face of
the world that our constitution and insti-
tutions are insufficient to sustain rs.
THE WAR POWER.
Judgc CollGmer here combatcl at
lengthin alegal argument of great power
the proposed plan Of proceeding against
the rebels by confscating their property
by act Of Congress, without ilry trial, a.
a violation of the constitution. The pas
sage Of spch a law would DC an assump.
tou Of power by Congress IL does not
possess. lie says:
If we make laws by onr power und9
the constitutions we must regard the pro.
hii1itions OF the constitution, else we are
lawlc,s. Aud it makes very little differ
ence to what department Of The govern
meut all this usnrpation goes. Ii 1t Is
true that the Congress of the United
States, on an occasion like war Of this
kind, eau take TO itself aud exercise all
power, regardless OF the prohibitions Of
the constitution, AMI, further, can make
itself COMMANDMENTS Chief of the army,
aud conduct the particulars aud details
Of the war in all respects, | ID no: kno"
that there was any usurpation by the
House Of Commons IN the time of Crom-
well. They said they represented the
people and they took command of the
Generals Of the army; they orerrode the
other departments of the government
aud broke down the government Itself
/ Suppose we choose to take control oil the
army and all its command, and OF ITS
! COMMANDMENTS Chief, and direct all its
/ details as we please, aud send our com
mittees ON the condnct OF the war out
I into the camps TO inspect the proceedings
of the Generals and direct them IN their
duty, as was done under Cromwell, | do
not see that it would be anything more
or ANYTHING less than a usurpation and
tyranny; aud its being in this body, or in
these two bodies constituting the Con
cress, does not relieve it Of the difficulty
in the least
1t is said, however, that we are at war,
and that we have become elevated to the
privileges aud are entitled 10 exercise the
rights OF beligerent; that this power
of confscation is a sort of war power
over our own citizens that we have "A
RIGHT 10 exercise in the capacity Of bel
Hnurcnt. | have given what little rellec-
ton nv limited powers would allow TO
this branch of the subject at first
Thought it was tolerably plausible that
10 some extent, suca power might be
used. but the more i reflect on it the
more 7 perceive that the whole Of that
/ doctrine about the relative rights and
i privileges Of belligerentS to each other l.
{ utterly inapplicahle to the present condi
: ton of thinps between Us and the Sc
coded States and their people. Undonbt
edly, so far as regards the conducting o
the war, it should be conducted accord
ing to the laws of nations, aud, If yor
f please, according to the usages of nations
z in these times of civilization but whcr
! we come To the rights of belligerents, car
r we apply them? When we conquer {
country with which we arc at war, w
2 own the public property there Now, We
have conquered Tennessee, if you please
, Do we own the Capitol at Nashville TO
. day? Do we own any OF the universitie'
, ana colleges aud public property of the
State Of Tennessee to-day? II they are
treated as belligerents, then, when yor
conquer the country, the property in thu
land remains in the individuals who
Q owned il before, and the nation acquires
| no title to it by conquest Here is ar
attempt to get possession Of all that prop
= erty of individuals who have been con
, cerned in this rebellion And how? "A
a belligercnt. According to the laws o
j. nations, a belligerent does not get 1t.
J.. know that the constitution provides tina
f Congress may issue letters of marqu
: and reprisal, aud make regulations in re
v !ation to captures or seizures by sea o
;. land. That looks to a state of war, IN
d doubteily. What is a seizure or cal
n ture? What is the meaning OF the term
r Something that you take, make prize o
a carry away. Can you carry away tn
n farms of an enemy? Are they subjec
n to capture? Not at all.
But, Mr.. President, when, after wa
u with another nation, you make peac
II with it, all matters are ended, dependin
G ON the form of your articles of peace
e 1t may be the stat,g ante jelltin, it may b
If utt possidetes, depending on the terms c
Il your treaty; but all matters are the
e ended Now, when wc have conquerc
d these people, taken military possession
II the country, can we not punish the me
N who have been in rebelionY can we NJ
O. render it legitimate to hang them? Ce
o tainly. Could You do so with eneni'
4. with whom you have made war and peace
4. No: but il such cases, when peace WI
n declared, the past would 20 wiped out
/. Again, TO treat with them aad ire
II about them as being belligerGHts Is
n acknowledge them, so far as this war
concerned, as coequal power. We hay
complained that any foreign nation a
( knowIedged and recognized them as in
p state of belligeFency. We thought
A. was pretty hard usage to Us. lido M
e. see itin that light exactly; but at AT
Sc rate, especially after what has been sa
i'll to the other nations of the world By OF
as functionary and correspondent of Il