The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1862-02-19

f; taught what is so essential in all human af.
fairs, "the iigh' eousness that there is in righ
, understanding" With the far reaching
vision Of the seer, they perceived clearly and
| provided fully for every possible national ex
, igency. The comprehensive wisdom Of the
, Constitution stamps its authors as possessing
in full measure that highest quality Of mar
!, 1.-The large discourse which looks before and
!; after, neither forget nor wish to concea
the fact that there are special guarantees to
t States and persons in the Constitution, and
special limitations upon the powers OF Con.
|, gress. and that the authority Of the Govern
. ment is limited to its delegated powers
) express or implied. But, sir careful exam
J ina'ion Of that wonderful instrument in the
light OF its coniemporaneous construction,
will convince any one that the Constitution
upon Congress ITO provide for the common
| de fenSe," are only limited in the extent o.
their exercise by the public necessity and the
! external rules Of right and justice, obligatory
, alike on men and nations.
Sir. in all that have said or may say,
touching y,ur unlimited power to legislate
+ "for he COMMON deiensc," do not mean 10
ignore that highest law. whose voice is the
harmony of the world, and whose seat is the
bosom OF God-the law not of material, but
Of human lie; that life which is more than
breath. or the Quick round Of blood: that lite
which Is a b,;S, hear and n great spirit
which is thought incsrno, Q mind precipI,a,ed
and which We designate bv the siaong word
man by whom is made the gFe1t living world
of hnman ,houaht human fee,if,c aid hmnan
action. Nor when speak OF your unlimited
power to lepislate for Inc general welfare do
mean thar Won NAV riph, f,Ilv leo,slats IN
The hnrt of tba o.nara, .olc,r, o. s, ,ron,on
Z d;s,,,,..l =, ~, - ar,.., ~ .... -.
Ns' osa'u =, trJe lisa'" " hutiian n''uie, "
pso'eG' Hii'c'' az g'oa goyer'l'henl i o'aain-
enf aoihit SIT, mat cV'l Vefhment, WIN
all lis complex machinery Of civil policy, is
I, but means for the attainment Of a more
! inuo,tant en1--tle nro,ectio, nf !, div;duol
- ~ LIaa,.f n =. "a, -. -,
49, oc IL, o. a,;aa. ~ -.
al eo,tin,e,,s tonas ~ ,a.,, " ~,
! La ~''A - no
:. ;s ,. ~ a. osao,;.,
,r,,ol oora,,s,, H., ;l;...I.'a, - a..
- 80 ,,bs..,,a .,.,'.',,',a -. ",
- H. ,,ar Gn,s ~ b;,.s,,i -" ~ t,t H..
- tor II, ,., a. ~, ,t,,'
80, H. ;,,;,,;i.,aI -. t ',o .,
\ r,,n,,,ai,h !, w.. III -.
/ 70. n r,n ,,,, .;,,on ~. 49,,
tr,,sna H., ,bo ~ s,,;'h ,h i;;,aa o." .o,,
ora;on Fl. IN -,
Taa5G,1 ..cor ~ no aor 30 :, W..
lr,ni,o,io, 4, ,horo h., ,ho n,,t,;, ooass;,,,
,,,,ar vn,,r : - IT., ,a,.,s -,
i ,ha uan,sr nrosor;.oi a. $500, aahtS ona ~
| h,,ro,,, ,nona, J.. Joai. ~; o.,as
nd nov;a. ana 49, r,,ios e.. 80 o.nv,r,,
mort ia l;,,;,n,;,aot IL C,,,,,,;o,,
|
no ncr<on sha,l bc denrirpd of Iire libsrtv
or property, but BY due process of law"
Nor shall private property be taken "for
public use without just compensation ="
4 I'm al criminal prosecutions the accused shall
e ane i,Rn MI 70 hespS ana ma aH9c au'rs. 't n
| in the crime was was cemmitted ~ '''''' 80
! When, 10 provide tor the common defen e
vnur levy a tax, ais recommended by This res
ulion. upon the private properly Of the cit
we :. and in aeauli OF lis payment distrain,
sell, and transfer. his property TO tn. stran.
ger. nat BY the process o your cosrts bu, by
the summary action of asse sors and c,llec
tors, YOU take private prop rty for public use
by due process of law, but without ,ompen-
alton. Why IS tbi,? Because 4yery citizen
| by the very cansti urion of Government,
holds his property and lie in trust for the
common de 'ense When YOU declare war,
| and raise armies and naves, al d call out and
organize the militia, and make rules and ar
ticIes ior their government, and thereby sub
! ject the ei izen 10 the TRIALS Of the camp, to
the destruction OF the pestilence which walk
eth in darkness aud Was,elh at noonday, to
the slaughter al b,ule. and the restraints of
military disciplipe. and the death reoaliies
OF a court martial. you deprive him Of he
,.,1 ,F, w" "p,''o i''', " t''e
anu 'ioer'y oy nue process OF law, ahd con-
| demn AMI pnn'sh MN as q criminal without
, "tTiat b. an impartial iury of the State and
d strict When, by your prize statues. Won
provi lie as y,u have provided. for the canture
and sale 81 private tytoperty for public use
Won take pr,yate prnp,rty by due nrocess nj
law. but without any oompensari n. So. al
so, when bv statute You provide TOR he s il
u,e and forti ure of gods imported in f,aud
Of Your r. ver ne laws. a, d nay the pr ceeds
thereof into the Treasury. YOU take prjya .
properly for public use by due process o.
law, hut without compensation. In shor,
sir, hat express ion of The Consti u,ion. ..d,e
pro e,s OF law" means oniy the l,ac of he
land
Eoonsh has been said to shaw th,t these
gIea, grants of power 10 he exercised 'or The
. mmnn defense are vested in the na,ion,d
Legi,lature without sny ,pecial lusi alton
But lest some question might be made whe
,her the people had gwen The lwer TO pro
vide by law tor la, ing the lie and l;he,iv
and property. of the citizen under contrib,i.
linn. wheu the common per;l and commnn
defense mace it NECESSARY. thew addeI ,be
comprehensive grant
Congress shall have power to ma Ike all laws
NECESSARY and PROPER" Y, for
CARVING mo exeeatlGn s a powers yested By this
States or in any dspSptment or e entsa
VIA room il there ior d,,,bt or oamyoca.
i'm barep Hrs, ,ho lsn;,Ia ;,a i ,.r,,,
r. '.'.s l,i - :" ~
Cohs'esS ehalt haSe po"er 70 fa5 ahu collect
axes and proyIde or the common dslenSe OF
abe Uniled States; 10 make war. raj armies
and n,,;4. and ,all mi H., nitro =, ,,,,r
n NY y, n.'''P"'l '" s"P
press Hisugieclioh ana iepsl INVASION ana 10