Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1862-06-20

Now claim this great difference in favor III the Senate
scheme, which offer the House that 10 leaves the
war power intact, and all the rights incident 20 civil war
in full force, be executed by the President aud his mil
itary subordnates IN their fullest extent With de
econ BY the Of August last he has the right, and il
duty conhscatc al property and free all slaves used
in REBELLION presume he could have done that wi hout
the act or least that he could capture property used
IN aud that Congress then could turn that property
to the courts for condemnation Without authoti-
~ from Congress- generals in the field levy conr
buttons for the support Of The Army, as did General
Scott IN Mexico; they take property Tor that pur
pose they can take, and u they cannot remove, they
can destroy whatever would be used uy the enemy
against them they can II need be- destroy whatever is
In their way either " attack retreat from the burning
of house barn. bridge 20 the destruction Of hamlet
city and finally, they may, Whenever necessary, or
convenient Co put an cud 90 The proclaim
liberty TO slaves add tnn them nom enemies TO friends
and co-workcrs u putting down rchcllnn--ahd believe
they ought do H. That may be justified under the
war power a. means of ending war. IL cannot be
justhcd for other purposes clearly not 10 prolong
war All these powers arc incident TO civil war
and right them against rebels aims,
well against their adefs and abettos All these
things can be truly said 10 be incident 20 the war power
but they belong 10 the conduct of the by the Exccu
tive after Congress shall have declared war These too
all operations in the field and depend upon the
igonoes and propuotes OF the and must be
limited to the occasion My second point is. that they
are as completely distinct fom the legislative power TO
declare war though howing from it, as are the executive
functions from Legislative functions, and therefore Con-
press derive 90 itself incidental powers
from This cannot asscutto the argument which
vests iu congress alone a Ode powers accorded n "hf
by the Law Of nations 90 each nation 900 it sovereign
pauty. That s 90 make Congress supreme io assume
fur II executive functions 90 give control over TIE OPP
If armiosiu the field and uavics the seas,
aud finally over courts On all growing out Of war;
That b. the theory Of the House scheme II looks
like the consolidation Of an power 300 Congress.
repeat that The Senate scheme mraifs none Of these
rights aud powers incident 20 but ga her leaves them
all in full force, and adds 90 them IL adds Co them,
consttutonaly and justly emancipation and conbsca-
ton punishment Tor crime be executed both dur
ing ihe war and after the war Just as far as judicial au-
,hoiiy can be enforced HE House scheme on the oh
er hand assumes FOR Congress doubtful powers derived
hom war II Is therefore tied 90 The and must die
with the war That my third point II we set aside
the powers Of Congress that are perpetual aud c our
selves only 10 those that exceptional and cphrmcrA
belonging only in war and NOT In peace thou our acts
will end the Perhaps work commenced ir may
be completed aftcrward but .olures caunot be
made after The war That certainly is lhc law TO cop
lures on the Seas as shall have occasion TO show here
land doubt. therefore whether ana act based ON war
power solely will not be as dead was the alien acts after
me occasion mas passed and, uy the way must add
that the House scheme s Ear less carefully gadod than
the alien act uf June, l79S, and the alien enemy
act Of July Of the Those acts provided spec
impusoncd, or an alien enemy be departed. The Ptcs-
dent had power 10 order them OIL but they 20 Pee
House scheme orders tho President seize the property
Of rebels. and then puts the burden proof uppu the
accused Suppose and accuse as rebel. contrary
70 the fact The property Of is 10 be- seized, by any
Kind Of power civil military, or naval b. Is "sUlIec' 10
seizure, prize, and capture and when seized, unless
Sha appear 90 court and prove his tuu'reuco DIS proc
perry vii be condemned Yet will NOT Dee cited 30 ap
pear, aud will not have even constructive notice 90 app
pear That is the House scheme, and his illustration
seems to be strongly coudcmuatory. We did not 50
monstrously violate the rights Of persons chafgcd with
being alien enemies why should we do In respect 90
may be falsely ACCUSED why strike down all tho de-
lenses for innocence just here lies broad distinction
between the rules " foreign and civil war lu foreign
war all the cizcns OF bcigcrent nations are enemies,
and II citizenship be proved 10 is enough. Ia civil war
the rule applies only 90 hostile persons and individual
and personal guilt IS 10 be proycd-pro,cd Will say, %
ts
war power Of Congress and ought 20 dismiss the
gumcnt drawn from that source
Dis brings me Co the second branch NJ the argument
IN defense Of the House scheme which s, that by the
law Of nations "tncmy property is subject TO couhsca
ton aud therefore that Congress may couhscatc the pro-
perry OF everybody engaged this rebellion or aiding H.
and in whatever mode u shall choose The law Of the
case is disputed ard to-day numerous authorities upon
both sides Of the question have been cited by the gentle
man from Illinois, MIR keoegl aud tho gentleman
from Massachusetts, Mr. Thomas why should We
rest authority 10 couhscatc disputed and doubt
fu point In the laws Of nations, when, under the Cous'
tuition itself. have ample authority TO do the
thing | supposc know The true answer 10 that ours
ton II Is not that cannot cunhscae under the Com
stituton. but that cannot confscatc IN the particular
way desired by the inventors OF the House scheme Tn
short they resort TO the laws Of nations to get rid of the
constitution, and IN the very spir Of an ardent pou-
clan who informed the other Jay that "thc Constitu-
ton Is played out" We'll sir Il the country cannot be
saved otherwise shall submit tn the breaking down of
the Constitution; shall have 20 rcpatd il failure,
rs being played out, and wait for new one but do
not believe il is necessary to do that in order 10 free the
slaves and confscate the property Of robt The Con-
sttution is broad enough secure all that and under
my oath Of fidelity 10 Il, confess that prefer act
clearly under all It's and within an its rcsrc-
tons Nay, more I hound % act, or the oath Of
Office is mookory.
Now, call attention the fact that all the authority
drawn from the laws Of nations as To enemy property
is IN respect alien enemies and all nf il applies TO the
Of between different nations rather Co civil
In Of between two nations, all the ,u-
Unfortunately II each arc enemies Of the other
and the property conscatd is taken the property
Of the individual czcn, TO punish ijurc him, but
the property Of the bcRocnt nation, and 10 ujuc IL,
OF TO secure indemnity II is hclhgetcut right We
do not recognize the confederate States ndcpCnd
eut nation al War with his Government but pcrsstcnuj
deny 10 them bclgcfent rights, and therefore we mus
excuse them from belgCreu liabilities How then oi
We appJ the law Of enemy property Do 20 th, case.
deny the right and deny The faot MS Co this schcuc
does nothing of the sort, aud Therefore the argument
from the laws OF nations docs mot touch the at all
The scheme does not reach The property uf df citizen
nations, least as has been construed hy supporters
the II use scheme Jndtr thar law, c,uy citizen uf ih
opposir nation would DEE enemy, and me rjc Of cu
emy property would extend tu all. lhis schtue doe
no such thing, but ia terms il 10 limited In terms
docs very different thing IL is mot cuuiormod no ih
sweeping rule against enemy properly but is specific
1t conscates the property of particular persons, and
particular reason, to Wit those who are p1ttcul1r.
responsible for The rebellion and of the reason that thc
are guilty Of the crime " treason The guilty 20 b,
singled out and their guilt Is To- be prove ~ ought q
ties and ! anticipate that the courts wIl hold, ari
therefore give little favor which utterly igt ore
the broad distinction between nation ~ alien enemies
and mixed communities Of our own nation, part loyal