Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1862-09-24

they supposed they are fighting to maintain
| But fortunately for US, and for all that
/ IS at stake in this controversy, the doctrine
here announced cannot he maintained
The Constitution is the chart of ciri1
government; and az such provides for the
raising Of armies and nayies, and that the
/ President shall be Commander-in Chief
&c AL this is part of the machinery of
| the ciua STATE. 1t is not very certain what
+, is meant by provides for all the exigen-
cies of foreign war The address is ex-
/ tremely general and oracular at this
! point One of the exigencies of foreign
/ war, placed Gen. Scott and his army in
the city of Mexico. Now is it meant
that the Constitution provides for such a
/ case, and directs what Gen Scott might
or might not do in an enemy's capital?-
IF it means anything it means this; and
/ yet how unfounded is the assertion The
Constitution nowhere directs when, where
1 or how battle shall be fought, or a city
/ be taken; and If Gen Scott had looked to
/ its provisions, he would have found not
/ one has ever pretended was applicable.
| When our army marched to Mexico, it
/ went not under the Constitution of the
| United States, but under the tho law of
nations and the usages of war; and had
| precisely the same rights and duties as
an army of Great Britain or Russia, in
/ the same situation The army in an en-
emys country, or, to quote the address,
| engaged in foreign war, never consults
the constitution of the civil state at home;
! ii !. army Of republic or q monarchy
oran absolute despotism conducts its cam
| palgns by the same code; totally unaffect
/ ed by the frame of government which
sent it forth And our Constitution has
not pretended to regulate or control the
| laws Of nations, or to determine the us
ages Of war; nor could it do So if it had
attempted What then is meant by the
! language, the Constitution provides for
| all the exigencies Of foreign war ANY
meaning that occurs is entirely unfounded
| in fact If it Is simply that the frame
Of the civil state, and its powers an mere
/ ctcu matters, remain the same whether
engaged in war, or at peace, then this
may be conceded; but the concession can
not aid the address, nor Justify its deduc-
tions. 1t is true that during the Mexican
war, Congress had no power to pass q
| law respecting the establishment Of relig-
ion or creating a little nobility more than
| it could in time of peace. But manifestly
this does not aid the deductions and con
| Quoted by the executive. In the United
States. the Legislative department. alone
can declare war, but the Constitution
does not take away from the President
the prosecution or management of tho
war And any attempt by Congress to
control the active operations and campaign
| by commissioners, or otherwise, would be
alpably unconstitutional This is exclu-
sively the duty Of the Executive and that
| too whether the wax is foreign or dom
estic
1t IS very tful feature of this address
one borrowed from the methods Of Mr..
| Calhoun-that it passes over the really
debatable ground upon this subject, and
without argument or discussion, assumes
as premises, the very points in controversy.
1t Is asserted, that the constitution pro
vides for all the exigences Of war, and thence
it is argued irresistably, that the constitution
| is being violatedin the prosecution Of the war.
| But the premises assumed are totally denied.
| The great fallacy in this part of the address
| Is at the starting point, and in what is assum-
| ed with perfect confidence as an axiom. If q
| man were to commence an argument by as
suming that the moon is made of green cheese
he would have little difficulty in proving that
its presence would not illuminate the night.
But to return. If there is any meaning in this
part OF the address, it means that the provis-
ions of the constitution apply to the persons
| against whom the war is waged, and regulate
the extent to which the may BE carried.
as against such persons. A few examples win
put this pretence at rest. The constitution
/ provides for instance that man shall be
deprived Of life without due process of law
! Does this provision apply to the conduct of
| the war, and can no rebel be killed till he is
first tried by jury? Then every rebel slain
on the battle field is murdered. So we may
| take up the provisions of the constitution one
| by one, and show that no onc Of them applies
or pretends to apply to the conduct OF the
war. Var is entirely outside the constitution;
! the constitution makes preparation for it, but
| is silent as to its management. 1t furnishes
/ the instrumentalities, but does not direct their
use This is as true of domestic as Of foreign
war. The constitution commands the PIesi-
dent to take care that the laws are faithfully
! executed, and gives him the army and navy
| for that purpose And the President and the
| military ard naval officers under hifa must of
/ necessity, judge in the first instance, of the
cxigencies of the war, and prosecute il in ali
places till the principle object is accomplished
| The power to arrest IS rs undoubted as the
! power to kill and Is rs necessary an exercise
of the war power The power to destroy prop
! erty, if necessary to the successful prosecution
! of the war, Is of the same undouhted nature
/ 1t is worthy of notice that In the constitu-
ton the protection Of life, liberty and property
| are united in the same provisions as follows .
I y @ person Silaii De utfDfiFed Ci ItIe, l1pSftE
/ or property without due process of law ;" and
| all stand upon the same footing so far as this
discussion is concerned. An exercise of the
war power may sweep them all away and the
/ constitution no more pretends to protect one
/ than the other, against The Jooue1..
! Would it bc pretended that if a spy came
/ within the military lines, under such circum-
stances as are forbidden by the usages ofwar,
/ that the President or his servants could not
| arrest him without warrant: And could it
make anv difference that the spy, whose char
/ acter was clearly ascertained, should be found
4 in one Of the loyal States Suppose the gov
ernment should be collecting at Cincinnati a
/ large force for particular purpose; and a
soldier Of the rebel army should be sent IN
! disguise within our camps to spy out the num-
Der. condition rid destination of the troops
would there be the slightest doubt Of the right
/ and duty of the President or his military sub
1 ordinates summarilyto arrest such person, and
| subject him to military trial and punishment
as a spy?
Yet the address says in most charming
| generality of expression "We deny the
power Of the executive to make arrests
! in the zogag States. : There are
! federal courts in all the States with full
| power and jurisdiction 70 punish oil
| crimes against the United States
Again suppose the success Of particu.