New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-04-08
the power o. son' -.ealins sneny',. prosp:en5ty

III VIC A"b'r~ " for " a CoDhsfasio" IN
the game .nlne ~ bin OF sttaiDder CopsIess Of
DO more pr .u' an act in regard TO the H. Ian
n foreign than A domestic e,emy, becsnse the lal'
gMge oi we Consii,u,ipp IN that " no III VI 80,
Ger b,hl' passed" wbirh renders Ju' ;n.,.s
siiulon Al TO pags sueh b "ftc'ns ha, ,be i'll
cplb~h Bot will undertake. 10 snu ~" "a, s,pder
unoe consideration lie 10 70 'ee o''I " at,ct aoy
Ii hoss not propoae 10 sIisipt any one, or 10 he G
49, rersoa or blood II doer not name az! Vn1
whom il Is 10 operate, bnt enply p.o'iT a,sin Of
fixture Of properly Of perrohs gum 'h rssch oS
! f.,,s,s who tbelnseves are BEYOND INC 80
Con., snd ca,no, be brought TO iria we iorie"u'e
~ he enforced m the loyal States through VIC
Conrts nv proceedings ." rem, ana 10 '"o U's''y'
8 a,.s In Which tie Courts are o'eroofns, W e."
80 tom The necessity of the care, throneh the
;,; Snch Il mas none OF the clara,-
1rstics of an aitain9er which may he dthned 70 20
,bat extinction OF civil rights and capacities winch
takes y ace whe' ever person WHO has coihnI1eu
treason or felony ceives eenttpee OF DEAN LOT n's
crimes Bib of attai der are, moreover, d.
rected apainst some particular person or 'er'
cons bv name who are thereby atfailec Tor
some crime already committed. The Dill pro-
yides stOr the forfeiture OF esatef III GER
tain cases q, punishment for crime hertaier 10 oe
committed when the rerson OF the indlvldnai com
hitting the ofeuse canno' be reached. Ii does not
ettuint or convict any one Of having committed a
crime nor Of itself COt,ce The property OF any one
aud i. no more like bill Of at,aiuder than Is an act
imy .ing fine rs puuis meut for assault ala ia-
fPfV. or iOrien1Te oil Y DOB 90 " io'
Cling. The right 10 conhscate The properly Ol :
Rebel OF traitor attaches without any convlciIn OF
tie offender This i'll sp, lice Only 10 proceedings
~, rem. Ii ba, nothing 20 do with tie punishment
of the person. and indeed, does not operate ul on te
prol cry Of per,on who Ia wlhu rrs'h OF Ji''iil
nroces.. In the Gaze Of the Palmyra II Wheaton,
: H. the Supreme Court, III speaking OF an act IKE
thia, say
t,chs, olely reD and there no seoonlaSS pbsy %
eysnaH Man, casts al vbe their il boil forfeiture
rem AID prrs nal Pesy but ~ prDs S.'t.
has q decided that the pros cations were
upn each other But the practice b. 1te ana so hr .ou
uadersauds The Lax 10 be- hat ibe PIC, eoins " ,'
idependent OF. and wholly uAahec'su o!i S'S 0i' P
ceeong ~ premium" 80
TIE Senator from California 10 show why THE bill
ought not to pass quotes from Story the iollo"lDg'
n at sure i. enough for society ahe tn. life Of The
offender ja. pus,hnsnt Of be crius without ''ai
fir o. hi. offspring relatives that properly "hi9h sy
be the only Of saving them hom poverty ana fuh
So say l. and tie bill does not propose to touch
the property Of any one who-e lie has been taken
or no be brought 10 lis for his crimes anu IL
is therefore not obnoxious TO TIE oil lection pointed
out by Story ArOtter ground oil objection 10
tins bill II the allegation that II Ia an eucrosc'
men, on the prerogalive Of 'he President, WHO II
lie alleged as COmmander-in Chief OF the Army
and Navy, already possesses the power OF conis-
cation: that the extraordinary lowers which Tie
Government NAV yield III inns Of war, called
war powers, belong 10 the Piesidebt ana mol !"
Congress and III support OF Lis pf"po'll'n my col,
2
ia Howard. viii .Dceayor TO show, as think
can That ,uch claims OF prerogalive on ibe part oi
the President warranted by the Conru' u'lOh
against the practice Of the Government IRON ns
foundations aud that tie csse Of Luther We Borden,
90 far from being All authority Tor tuch Hsninpuoh'
, is al authority ggalDs' II.
l. There is nU, u ~ liable in the CoDftilatiyn con.
ierTiDg on the Pfe,ldent war po"ers lie tOhrll,u
) lion simIly makes lin CommAndcf-in-Chiei Oi The
Army and Navy, when ualle into b. ing, but he Lar
A ls t,np praV he ~
COMMANDMENTS Chief, VIXEN srmy II raised, IN the
absence hf any rules ado ted by Congress Tor rs gov
eminent he would have the hight 10 control 1t III The
prosecution OF the war according TO tbs oiscreiiop
. not violating the esiahli,hed rules OF yilLed
j., fare, but he would not have the night 10 eotscaie
i euemys property. because this IS power Which can
o only be exercised In pursuance Oi at ~ Con. rrtr
ana does not belong 10 the CoinnaDdet-lu.CLlgi
who, such cOnId only ssiLe and bold property tral
. War visible and lausible MI the euj Of the war,
n when il would revert 10 its original owner. TIE
. COnsii'u lou saws: Congress mot the President
"sLai have power 10 declare war 10 raise and cup
port armies, and 10 provide AID MAINTAIN sbavy.
Story in his Commentaries Oh The Constitution
The power 10 declare {, exclusive In Congs""
1t include. tie ,r,fc'e oi al The ofdi'
nary rshs b-lsu AID 'h.'sOie ps-'
,zure end condemnation Of the properly Of the
-nnin without he territory o. the United state ard tue
, lconh,caiiob Of c,yt due to toe eaeniy
@ When armies and nayies nlised by Congress
of Which the rrvsi lent r, by tie Constitution made
ComInaud er -n-Cmei, lie can only govern aid regu-
late them Couee- shall diI, ct because u. Con-
situliop rays, "COngres, shall lave power u make
rules for the government ana regulation OF the land
, and naval lorc.s.' IA well might II be said thai
eeause the Constitution declares that the Presi0ent
f shall take care that the LAS be faithfully exc
cuied lie is therefore net bolud Ia dle,harSng tbls
u duty confOm bis action TO the manner prescribed
V by Congress az that he csn govern the army ia he
a p!-aser iIes pectIve Of Tue rules Which COngIes,
e nss estabsaed.
a 3 Ii has been tie practice Of ConTesp, from III,
il Organization Of tie Government 10 control tie Pres
y iJvnt in his government Of the army. The his Con
gr,ss which n.et uuder The Constitution adopted ID,
Y rules and articles OF the government OF TIE
army as they existed under The COniedeTation, snC
Il before we had d President. Ia lcJo Congiess re
E vistd the rules and aTicles for tbc government o
The armies OF the Uni ed Sgiet, ~ al ACT onbIhlng
. more than IA hundred disibct articles, which, will
few variations, sre now The law, whereby the mod
OF organizing Offering, abd governing the IN e.
i and men, war regulated " it, kiealt minuten.ss lbC
= fifty eighth article declares tlat
An rubc stores tho emy's camp tovns fo'
mss1zDs' wbeh, Of sr'i i.iy .u,mun Tin clothil
forage, povous shall BE- scuTed Tor De service Of ~
: eel shall be snswsrsb!c"
Surely the men who made and pat into opera
don the Constitution understood very little OF IT.
: provisions when tbey pasei ,uth II law 80 die
I, If my colleague h night Ia BID assertion th"l
- the war-eXeCutlDz powers vtsted IA a.,
. President, in tie executive department Of tie
- Government, and COngie.s hss no more ii.bt 1,
: touch them or Exercise them Than II Las 10
, usurp aud exercise the j1Giyi0 functions Of tb,
= Government How tie Senator from Pennsy /
= vsnia who declared, wih su.b seif-com piacency
. hat the PresdeDt d" was invested ith the war
making power" that " he the commander direct
! ing aud cOutioid- it iirases must lie 81 ocked
at The igDoiaucs Of our fathers Of The meaning o.
he Constitution they had de, wien he reads over
, the hundred and one hiiicles II war and 7 ricu
I,rlS tie nifty eighth article, v,ieh direct what l.
10 e done viii uis public stores taken III the