Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1862-05-31

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: Not one OF them exists, nor can exist, with
out the consent of Congress, for an hour
lhe Senator wants to know whether We
can have anything to do with the conduct
OF TINS war Sir, can we not prescribe to
the President upon what principle he shall
release every prisoner of war be has got
Can we not prescribe to him you NAV
take prisoners of war, but they shall be dis
charged upon taking the oath of allegiance,
or they shall be hung when taken ? We
are to say whether rebel taken in war shall
forfeit bis estate, or whether he shall 90
Scot Tree. 1t is all with US; and he who
oeheves That This great power is lodged
anywhere else, is an advocate Of despotism,
ana has never caught the spirit of his faith
erS III forming the Constitution. He would
make the President an irresponsible despot.
lc Chief, whom Congress could not reach uor
,ouch. what are we legislating about d?
why, sir, it | understand the Senator from
pennsylvania the other day, he thought, IN
times OF peril to our institutions, in gigan.
TIC rebellion like this, that the whole power
ot Congress consisted IN furnishing means
10 the President for carrying on the war
thar such was our limitation, and we could
do nothing more. II would he strange, if
10 all other cases, the greater did not include
the less. II we might fettcr the President
aud render him pOwerleSs by Withholding
supplies, aud thus pnt an eud to the war,
would 1t not he singular if we could not pre-
scri7e the rule upon which the war should
| he cOnducted2
1t is said that the President can do any.
! flnf hn
that the Senator's argument Does he
believe that the President may by his proc.
Iamalion forfeit all the estates in tie South?
| want to know that.
Mr. C0wAN. Does the Senator want an
answer
Mr. WADE Yes, sir, now and here.
stated l think repeatedly certainly at
least hree times, the extent to which the
President could go in that espect.
Mr.. CowAN. Well, sir, in the 6rst place,
the President is guided in that by the laws
of war. He has u right 10 take all the
public property of the enemy, aud appro,
priaIe it 10 the maintuluance of the war
against the rebels.
Mr.. WADE. Has he the right 10 take
priva,e property
Mr.. CoWAN He has the right TO take
private property only 10y way Of retaliation,
not to establish he rule, Lut TO prevtn, the
rule, from becoming established. lie has
right to take possession Of their real estate
aud hold it until he secures the submission
OF the rebels and is able 10 hand them over
TO the civil tribunal for punishment for their
crime
Mr.. WADE. thonght the Senator would
nnt like 10 meet directly the differences drawn
! from his own dnc rnP. cannot eXtnrt from
him whether. in his judgment. the President has
power 10 cnnfScate the property of the rebels
PM the proceeds in the Treasury, and apply it
tn the indemnfcntion Ofthnse who have lost in
the war or for paving the expenses of the war
Mr.. CnwAN. May ask what kind of prop
er'y the gentleman aludes to
MIR. w DE. Any kind that man has.
Mr.. CowAN. I answer distinctly, the Presi-
dent has no right TO forfeit the title Of rebel
to his real estate. nor has Congress either for
longer than his lifetime Congress may forfeit
It for his life on conviction of oftreason. That is
ns far as either Congress or the President can
60
Mr.. WADE. Can he forfeit the personal
property?
Mr.. CowAv. The President may tuke and
takes under the laws ofwnr, by way Of retaIia.
tion, when they take and seize our personal
property. That constitutes what is called the
military necessity, md that military necessity is
the measure Of the power of the President the
measure Of the power ofthe Commander-in Chief
of the army in that regard.
Mr. WADE. The Senator is not quite con-
sStent with himself He said, a minute ago.
il could be done by way of retaliation, now he
says it must be done as a military necessity
Let it be so What becomes oft in the end
Does it go back to the individual, or does it
come to the Government Will the Senator tell
me that
Mr.. CowAN IF the gentlemen desires an
answer | say no; it does not go back to the
enemy any more than the life of person killed
for retaliation.
Mr.. WADE The Senator does not like to
meet the proper inferences deduced from his
own doctrine. He denies that the Pres ident,
even armed as he says with despotic power can
change the title of property, for retaliation or
anything else. He can do nothing beyond his
camp. Notwithstanding the power ofthe Com.
mander-in- Chief. the true doctrine is this: when
be marches an army into an encmy's country,
and SEXES upon his property, all that by main
strength CONES into manual possession he takes;
but can be make rule beyond his camp, beyond
the line of lis military department? None at
all he is perfectly, totally pOwerless Sr,every
mau who has caught the spirit of our insliru-
tons should put down this attempt to magnify
the President into an irresponsible despot. with
tue power 10 prescribe rules aud regulations by
which the estates, real or personal, of men can
be forfeited The behgerent rights of your
General, yonr Commard d'r.in. Chief in the field,
never dlI aud never will go one inch beyond The
boundary oI his camp where he holds martial
law There he mast prescribe rules while he
does bJld it; but the moment he moves his
camp that moment all his rules and regulations
are gone with his removal That is all there is
Of il; aud that ghost of an authority the other
side have endeavnred to magnify into penary
despotic power, | deuounce as utterly slavlsh,
anamaous, aud at war with our free institution.
But enough upon that subject.
Sir, there is no man in this Senate, who
needs less ecluring upon constitutional obi.
CATION than myself, | believe, am as much
impressed with the full Importance of
maintaining that great instrument as any
man in thus or the other House of C,ngress.
| GO further and say that not only are the
A n,ari,un nuonlp intpFa, ted in m .,intaininrr