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

/ limitations ol power. II is inconceivable tina
the trainers of the Constitution should hayI
disguised a restriction upon the powers O
Congress under the form Of grant OF power
(McCulIough U.s. Maryland, 4 Wheaton, 42O.
/ That the word is Used without any limitation
deliberately and intentionally, is apparen
! from the fact that when intended to limit III,
same word necessary, employed in the tentl
section of the first article Of the Constitution
the trainers were careful to prefix word o
] limitation, as follows: 7
| mo State shall, withoutthe consent of Congress
/ lay any imposts or duties on imports or exports
except what may be ABSOLUTELY NECESSARY for ex
ecutiDg its inspection laws"
II any such restriction as what is absolute
ly necessary, or indispensabiy necessary, had
/ been intended in this general grant OF pogel
| to Congress, such word Of limitation would
have been used.
when the Constitution was upon its de
liveranee before the people," says Justice
Story mo one in or out OF the State, cofven.
| tions, ever dreamed Of or uggested" that thi:
clause contained r, sttiction OF power
The whole argument on each side Of attack
and defense gave it the positive lorm OF ar
express power" Away, then, with that
p AbVtOiuI cPliit VI taloC EOHNII
aud lurking treason which would strip the
noblest structure OF human government eveI
devised 10y man oi the lawful means OF It's own
defense and preservation, and make it delu
sive phantom Of sovereignty; a splendid au
BILE, the sport o every traitor. Whatever
legislation, then, is necessary Tor The common
defense, and 10 suppress insul,ection, and
secure The faithful execn ion 0I the laws, and
not inconsistent with the humane spirit and
declared object OF the Constitution. il is the
right and duty ofC0ngre o enact, that the
Government, may live, and that he supie
macy OF the Constitution may De maintained
in accordance with the law OF the land
pra, gentle cn not to mist.ke me as in,
timatn5 That the condition ofwar coniers up.
onUonsress any new overs OF legislation;
but only as claiming that the condition OF
war makes the OCCASION for The powers ex.
pressly granted "ior the common defense. H.
In my judgment, no wiser or truer word was
ever uttered on his floor than the declara,
tion OF the ''old man eloquent" John Quin
cy Adams-when he SAID:
"There are two classes of powers vested by the
Con stitution of the United States in their Congress
and executive Government; the powers to be ex-
tiliSGN Al lllHt VI ptdCC ilu klG powers llClueDL
10 war. That the powers OF peace are limited by
tile provisions within the body of the Constitution
ITSELF but the powers OF war are limited and reg
ulated only by the laws and usages OF nations, and
are subject to no other limitation.
To the same point cite The opinion Of that
ilustrIous jurIst and upright man, who, in
the pureI and better days OF the Republic,
shed the light Of his luminous intellect upon
your judicial decisions, and the coaS iruclion
otyour Constitution r... ...
Says Cnie Justice Marshall. ....
THAT war gives to the sovereign the full right
TO take the persons and coniseate the property of
he enemy WHEREVER FOUND Is conceded
Bat that the declaration of war does not
Of lis own orce authorize, ths seizure and
condeInnalian OF the enemy's property, he
says
'ls fairly deducible from the enumeration of
powers which accompanies that of declaring wal" "
have power" \ e'to grant
letters Of marque and reprlsa and make rules
concerning captures BY land aud water. 1t would
be restraining this clause within narrower limits
than the words themselves import to sdy that
the power to make rules concerning captures on
land aud water is to be confined to captures extra
territorial. What shall be dong with enemy prop
erty in our country" = SIS
question of policy proper for the consideration
of department which can modify IL AT WILL. 1t
is proper for the consideration of THE LEGISLATURE
not of the Executive or Judicary."- Brown VS..
United States, S Cranch, l22l2S.
No formal declaration OF war is necessary
to the exercise by Congress of these war
powers of legislation; it is enough if actual
hostilities exist = Talbot 0s Seaman,
Cnnch, 2s; Bos Us. Tnjey, 4 Dali, 97
e. l., a. ~, a. !
erence betN cen our Constitution and the con.
sttution of monarchy than this, that under
the Constitution Of the United States the
power to declare war, aud all other powers
essential and incident to state Of war, are
bv the people ntrusted to their national Leg
stature. These powers OF sovereignty are
by the constitution OF monarchy, placed un
der the discretion OF the Crown.
Sir, TO whatever department OF Govern.
ment this great power OF war is by the con
stitutlon OF States committed, in whatever
hands 1t may be lodged it is always and
nece Ssarily u limited and unres. ricted by the
fundamental law. Even in England, where
more than IN any other Government save
our own, the liberties OF the people have been
guarded against excessive au hori y and pre-
rogatiye, tn fact stan's admitted and unques
toned to this hour, that the waI powers OF
the Government, which involve the peace,
the properly and lives Of the people are un
restricted and unlmi ed. 1t is the pride
and boast OF thai people that by he great
revolution ol 1858, resulting n the elevation
Of the Prince OF Orange to the throne. and
the RESTRICTIONS upon The pierogat YES Of The
Crown, by the great Declaration Of Rights,
the liberties OF the people were made secure.
And yet, sir, by that peclaIation OF Rights
it IS declared: .- 5~
!. "That raising or keeping standing army " it'll
IN the kingdom in time OF peace, UNLESS WITH the
CONSENT OF PARLIAMENT, is aganstttie law"
Never, did the pulse Of liberty beat more
strongly in the hieasts OF The English people
than III that great rev0ulioi; never were.
they more jealous Of their rights. or more
strongly resolved or better prepared han
then TO guard their liberty against arbitrary
Invasion. And yet the very necessity Of
things compelled them TO admit that the
power for the common defense could moi be
but must be limited only by the
public exigencv. Iheiore they committed
The authority ,oi ma ntaining standing ar.
mics. even in time Of peace 10 the UNLIMITED
DISCRETION Of Parliament. So the Ia hers Of
The Republic, when they came to construct
Constitution for the fabric OF American EN-
piie, had ihe wisdom Ia, foiesee and The cour
sgs to declare that there could be no sa ety
or the State and no security tor the liberties
u The people unlJss power. "lor the COM
non defense was, without restriction, com
nitted to some department OF the Govern
nent. They wisely committed this unlimi
I'd power to Congress, the department nearest
he people, and most directly responsible TO
he people. That this power was conferred
Without constitutional restriction or knita
ion, ask the attention Of the House to \
heir witness, who speak to as beyond ,ne
rave.
Says Hamilton, who contributed BY his
reat intellect as much as any other to the |
,rination and adoption OF the CONSTITUTIONAL (
THE authorities essential to the care of the
erlnon defense are these; to raise arnlies; 10 4
aild aud eqaip fleets; toprescriDe rules for the
0yernnlent OF both; 70 direct their ropertions; to y
royide for their support, These Dowers o1gbt