, 1862-10-20

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important one before Coogress, provides 70.
foraglng upcn The enemy. confscxtfug his
d,,cG3rs :, e; + ae1 SIssasssRE III l1ssl'.cs 9a
p,olo itionsr .Thty oppos d them III. How
Is H.. then, that ths rebellion is to
bs mt Fpss3bI I'll legsl, and consh-
tntiona1 means, Necessary and proper,
xa,a y. NY IL oRposs svt pssssrs r.. ,s Tassa
"a voice: eny restorfag The Dsn eceasie par-
ty TO power."f Well, restore the Demo cratic
party 70 power, and then they Will put down
the rebt Lion, b. submitatng to the 1eo:!s, or
BY the dtfmenbeF@eat-of the Untoa- Th.se
are The isc,e, and this il conclusive. Tue re-
prest NATIVE men OF The party oppose every |
meseure which b offered, calculassd to hurt |
the rebels. They have excuses for 1t, It Is !
true: They will perhaps tell you that thas
4 u Rat %ben OF ~
amiue tits Confscatiou Act, it will be fonnd
to be rs clearly constitutional IS any Law
which wss ever enacted.
on this snbj. ct, you xil bear with me
While Say Jew words. Democrats claim to
be the peculiar champions Of the Constita-
tion and the enforcement Of the laws. 7 AN
for The Constitution and the enforcement OF
the laws. That Il the very thing We IRE Ill
for; i an one o. those who belteve
.h:t 6d sss .ees /, brsoa soa,sa enough
put down this rebellion, without any Vio,a-
ton Of its provisions. think the wi.e men
who mAde 1t. embodied IN it all neeeasaEy
power to preserve It. They clothed Congress
and the Ptesident with al the power which il
necessary to crush even this monstrous rebel
Aou- "Whnre Ia the power found, )" they ask,
"to pasa this Con6scation Act?" Il IL fousd
In the grant Of power in the Constitution to
raise N army, to declare war, to make rules
md regulations concerning captures on land
eunectiou. and to pass all laws which are neces-
sery and proper for carrying into execution
sny Of these granted powers. Where the III
thortty ts given to Congress to declare war, to
! raise N amy to put down insnsreetton, does
it not necessarily follow that that army is to
operate in putting down the insurrection In
the vays that armies are accustomed to act.
| How Is war made? In it through the civil
! tribunals, the courtse Undoubtedly not
When War Is declared. the power which may
be exercised is stated In these words BY inter
| rational law writer's:
| from the moment one Stats il At WAT with
% reine ii tie S enenys @ % properly q whatsosve, e.
kid and whereeoeser found and to appropriate
the Captort.''
Vattel, an international Law writer of sc.
| 40VW3%N3~A AA&Al31 0A3ss
tAs ECON u we hare declared var. Ne have Z
right to do against the enemy whateyer we find
necessary tor the attainment Of the end Of the Was.
Again, he says:
I've have right to deprive our enemy Of biz
possessions. Of everything which msy augment
his strength and enable him to make VA"
Irad these extracts because they are euc.
ctuct statements Of what the rights Of ~,
are. TIE Supreme Court Of the United States
has established the same doctrine, aud it Il
alec laid down By the commentators upon the
Constitution Of the United States. Judgs
s'cry eays, In his commentaries on the Con
stiinsson. that Congress h.s the power +, ts
cludes within it the authority to pasl
all the laws to make the warectiy,
thst Congress can, under this grant, pasI
laws to carry out belligerent rights; ami
one beiligerent right is the right Of condsca
; .ion. Judge Marshall says, III case decided
torty years ago. "that war gives the sovereign
!, full right to take the per5ons and condscat
the property of the enemy wherever found, 1
conceded" There is no dispute among writer
upon this subject. The power to make wa
:, given in the Constitution, and embrace
: within It Ill the power necessary to make th
. war efficient, and TO accomplish the end 10
which it is declared.
!. But these ohjectors say there are othe
Z clauses In the Cupstitutiop, one Of which de
= clares that no man shall be deprived of life
. uDGlLy OF properly WlI0OuI Que process {
Q law. Trae. the Constitution says. that Bu
e that clause is to be construed In cunnectto
With the other clauses which hare quoted
r Where is it that you cannot take man
e liberty Ut pttperty except by proceeding
y cou1t? It is where tie courts are in oper
u tion-Where there is no war-no insnrrectiu
u no power overturaing the ciril tribunal
at There you are obliged to proceed through t,
1s courts. But when an in6urrection breaks o1
"a and courts are overturned aud judges e
10 relied, as they are now from dozen S.at
- Of this Upion, it is impossible to deprive
-, nan Of life, liberty or property by dus pro &c
IL Of law in the courts Then comes in II
se ofker power, to suppress an In5urFection |
at force OF arms. Who is to decide when ;!
~ may emp1oy the srmy to take life and propert
= = ard whcn Jou arc obliged to proceed By t
Z. :. courts? The Constitution answers that ,
u saving thst Congress shall hare the power
" u call ont the army tor the purpose OF supprt
~ sing iEsurrectlon, and when Co1gress ca
wre w out the army for that purpose, the time b
~ come when the army may be used just as co
~ e1itutional}y to deprive man of his lite, Il
- erty and property IS in quiet times courts e
" be employed for the same purpose. IA
~. p1anse. One is as constitutional as the 9th
N sNa Congress has acted. 1t has By various IA
y - authorized the calling ont OF more than n
~ ~ lien Of men. By the Constitution Of I
10, u, mander.in-cbief Of this million Of MT
'la ~ and it becomes his duty to use Il
"a y; are accustomed to operate to use
|ed efic{ently and effectively to accomplish
IL con- comes @ of % the copstitutionai @ obi:ctioa M no
of of Does not every man see that i has no for
der % f ~ ems v.ae, ,,sa, Ny ~
ks, .t1u o1,s. " e1 s"eIS5 W5E eon'I 11a, Msn, ~
.ne ea,.ns ea.a,s "es. Hseel t| - lappiaooe.!
aot Mo7 atssu ~ 1y tuota4o 4ha. ~ a.
IA R,.ocn, nus a, c,.n1a ~. ~, taa a' oh.1s ne,
ave h1eeenz .a @ ass soaaa ess te On tne seoess
ad- taAs kueH Ases, ne tAuse BeI y Psocess nv
1si- justice Of The peace or 60 through the
is ceedings q % coars lCneefs aaa "a iaugnt
ced Ceuld ne not eaPtute t9e Eeoe's aha dep1
ID them OF their liberty BY holding them
We prisoners wnnoot process from g g.
be conft, Rhen tne5e was 70 couft tne1e II
rats could take their irses and deprive them Of
4 liberty. couln % NOT take thelr properly:
be- properly more sacsed thaa NE or hnsi
rue me Consq!nmon It 1:el nass no man snaa ne
se.1 ptasea Of h1s w. liberty M q properly. m and
aels ti9n gnu ~ to1 eaae sentence ~ you
the 1Ahe one "Itneus process .! NH.
ne may take tne otagt; Inc constho'
mo- Is n astmonx VIZ nssn- me
'sed mans Inc IN battle on dit1el
!tom inose uuoeI "Me4 Soa mN taGe
iii teaongn n tee asp opersaoa n o. 14e So1es @ q
Her feeafn 70 elase proPeny: IL y n0 moEe
ssn- msS 40 anSth;np HIM eEhIeh III, veaSen Von,
the amS and tske fr5n him ina means ~ srst
lore Inc h;mself Ynn NAV TaFa finn Kin,
'hat slsves nror,erty. lifa. T6ertv Or anytbt1e
o. Tann1anse
tn 1fhen ~h1 IL II that fhese nemnrr,fs
the have soften np this party orgsnizafion in
ID Ito nn;s sfnfrtf1 rnemeefyes "a tSev d. when
oag crnnse fhs execuiion Of this laHs
the cisfm fo he the necnlisr triends IF fhe In
1GhS ffon md tha enfn1cerntenf If fha Ia Ya
TO ~ .-n.-as.