Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-05-20

an article Of WarP There may be a hundred
articles Of war; and II We can prescribe the
Fule 70 The President in one so We can IN
ell.
NR. OOwkN. wan the gentleman allow
me 70 ask him another question:
Ma, WADE. Certainly.
Nh. OOWkN. He persists In utterly and
totally miBrepresenting the position Of the
opposition TO this bill What We say is,
that the power Of the Executive of this ma.
tion is absolutely despOtic and unrestrained
as against the rebels. Now, the Senator
says, because Congress can make articles Of
war therefore that is not true. Upon whom
do the articles Of war O3erate2 Upon reb-
elsi No; but apon our oWn citizens in the
ranks OF the army. Congress have q right
q right to make rules and regulations for
the army inter %, but those rules and rega.
laions do not affect rebels, those at WaI
with the Government trust gentlemen, Il
they have a good case, will meet this ques.
ton fairly, and not endeavor to divert the
attention Of the country from the real issue
because admit there is real Issue, and
have great respect even for those who enter
tain different opinion from myseli-and
put it upon something else. The question is
distinctly, and I would be glad to hear the
learned, and had almost said venerable
Senator from Ohio
M. WADE. Do not say that, above all
things. Laughter.
NJ CoWAE. / mean to say the Senator
srom obIohs 4 great deal more ofexperisnce,
sgreat deal more Of learning and knowledge
upon this subject than have. Say the real
question Is, In time OF q rebellion, when
these people are resisting the municipal law,
who shall, under the Constitutions, meet them
and apply TO them the force Of the nation, 90
as to bring them back within the domain Of
our law made BY OongrssS3 VS. say Il is
the President The gentleman says, Il l un-
derstand his argument, that Congress is 70
direct those operations. Now, I sm willing
TO hear him make that point good If he can,
Mr.. WADE. did not intend to yield the
floor for the gentleman to make a speech,
but to ask me a question, aud ne has asked
me the very question that supposed I was
arguing, and that was, where was the power
to conduct this war lodged That is pre-
cisely what am discussing, and ! have en-
deavo.ed to show the absgrdity Of making
an irresponsible chief Of the Commander In.
Chief Of your army and navy. Then, sir,
where does II belongf say 1t Is In Con
gress, and was proceeding to show It, not
only from the Consultation, but from cur GO
ton as assented to by Congress, always and
without dispute, IN making articles Of war.
Not one of them exists, nor can exist, with
out the consent Of Congress, for an hour.
The Senator wants to know whether we can
have anything to do with the conduct ofthis
- y,-nuo-fb, -. khioD Da,o4
dent upon what principle he shall release
every prisoner Of war he has got3 Oan we
not prescribe 70 him: you may take prison
ers Of war, but they shall be dischasged upon
taking the oath Of allegiance, or they shall
be hung when taken 2 We are 10 say
whether g rebel taken In war shall forfeit
his estate, or whether he shall go scot free.
It Is ell With US and he who believes that
this great power Is lodged anywhere else, Is
an advocate of despotism, and has never
caught the spifit of bis fathers in forming
the Constitution. BE would make the Pres
ident an irresponsible despotis chief whom
Congress could not reach nor touch. What
are We legislating about 7 Why, sir, i'll un-
derstood the Senator from PennsylVania the
other day, be thoueht in times Of peril 10 our
institutions, in gigantic rebellion like this,
that the whole power of Congress consisted
IN furnishing means TO the President for car
rying on the war; that such was our limita-
ton, and We could do nothing more. It
would be strange, If in this, as in all other
cases, the greater did not include the less.
II we might fetter the President and render
him poWerless by withholding supplies, ard
thus put an end 70 the v ar, would it not be
singular If We could not prescribe the rule
upon which the war should be conducted
Il is said that the President can do any
thing; that be can forfeit estates. Was that
the Senator's arQument2 Does be believe
JnaG the Fre8iQ6nt may DY ms prOUIamEJlol.
forfeit sll the estates in the South want |
to know that ae4 t.
Ma. OewAH. Does the Senator want an
answer
MR. WADE. Yes, sir; now and here. 1 |
stated I think, repeatedly; certainly ct least |
three times, the extent to which the Presi-
dent could 20 in that respect
Mn. OoWAN. Wen, sir, in the hrst place,
the President is guided In that By the laws
Of war. he hiss 8 right to take all the !
public property Of the enemy, and appro-
pirate il TO the mRintenanee Of the war
against the rebels.
Nh. WADE, Ess be the right to take the
private property q-q
Mn. OewAE. he has the right to take
private property only by way Of retaliation,
not to establish the rule, but TO prevent the
rule from becoming established he has q
right TO take possession Of their real estate
and hold ituntil the war is OVer,undl be Sc
cures the submission Of the rebels, and Is
sble to hand them over to the civil tribunal
fop nuufahmaut far khnir or4raa
Nh. WADH. Thought tie senstor would
not like to meet directly the inferenees
drawn from bis own doctrine cannot
extort from him whether, in his judgment,
the President has power to con6soste the
property Of rebels, put the proceeds in the
snd apply It to the naturalization
Of those who have lost in the var, or for
paying the expenses Of the Har7
Nh OoWAN. May I ssk what kind of
property the gentleman alludss tO2 a
Nh. WADE. Any kind that q man has.
Ma. CoEAE. l answer distinctly, the
President has no right ts forfeit the title Of
5 rebel to his real estate, nor has Congress
sithsF, for longer than his lifetime. Con.
gress may forfeit il for hia life On oonVic.
lion Of treason, and, as / believe, upon
Judgment In outlsWry against him upon
IN indictment found for treason. That Is
2 fsE e either 9Gngre'i gF th9 Presidents
Ma. WADl, Can be forfeit the personal !
-ls-s
Ne. COWAN. The President may take
md siese private property, Il l. not sx- I
lotly forfeiture. Il is 9 capture that he
axes under the laws Of war, by way Of {
retaliation, when they take and seiSv our I
PERSONAL property. That constitutes what /
s called the military necessity, and that I
military neCegsity IL ths measure Of the 1
)oEer Of the President, the measure Of the '
lpWer Of the Oomnhndsr-iu-0 Chief Of the
Fmy IN that regard. 4
Nh. WADE. The Senator is not quite
consistent with himself. he said, Q min. /,
ito ago, Il could be done BY vay OF retslia- =