The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1862-05-07

MAY I, 1862.
vas thus seized and cen6scated under the stat
utes Of the States. IL was . civil war; the enc
my Was not only from without, but vas found
within. Neiehbors were enemies; even house.
holds were divided between vhig and tory.
Brother VAS found in arms against brother, and
father against son. Scenes OF fraternal bloodshed
similar to those which are nov occurring in the
slave States we're enacted. These measures we're
all war measures, having each and every OF them
for their object the enfeebling, the expulsion,
and the destruction OF the enemy. And they
we're Just, for common prudence suggested their
necessity. So plain vas this, that il after times,
when peace was restored and the bitterness OF
feeling modified by the lapse Of years, the States
refused TO relax their rigors, or 70 any consider
able extent suffer the con6scations to be remov-
ed, or their former domestic ioes, nov driven
into exile. to return to their homes. These
measures we're not acts OF ordinary legislation in
time of peace. They meant not peace, bat var,
civil war and by their plain intention, a. we'll
as their terms, we're but instrumsntalities in va
giug ard conducting an actual, existing war.
The confscations we're leveled against enemies,
enemies in the sense Of the recognized code of
war and Of nations, and we're obviously as much
. means OF carrying on the war against them a.
would have been the seizure of their property
on the high seas, or shooting them down on the
field Of battle. No argument can divest them Of
their real character a. war measures. There is
no room for subrility or sophistry as to their
kind or quality. No ingenuity Of argument can
remove them from the category in which weiud
them; and unless We deny that our Revolution
wss q say, We cannot deny that these measures
we're among the means Of prosecuting it on the
part Of the colonies.
come now to the question Of power, the
great question whether under our written Con-
stitusion, We as Government have ir law the
right to declare and enforce the forfeitures and
cou6scations contemplated BY the bill.
l admit that if We have not this power under
the Constitution, We cannot forfeit and con6scste
the property Of rebels, real or personal, and that
any title We might assume to give would be void
in Law.
There is no clause in the instrument expressly
conferring the power, and unless it is implied a.
. means of carrying into execution some one Of
the powers expressly granted and enumerated,
or some other power not 20 expressed and emu
nerated, but nevertheless "vestsd, to use the
terms Of the instrument,) ''by this Constitution
in the Government of the United States, or in
any department thereof" We are unable to ex.
ercise it. need not Say to candid and reflect.
ing men that the dangers aeisisg from 700 broad
an Interpretation Of the Constitution are by no
means less to be dreaded and avoided than those
proceeding from one too narrow and illiberal.
The instrument must be construed with referi
ence to the state Of things existing at its forma.
ton, and the purposes had in view BY it trainers.
Those purpose are plainly announced in the
comprehensive language of the preamble, and no
one can misunderstood them. They were ito
form a more perfect Union, establish justice, in
sure domestic tranquility, provide for the com.
mon defense, promote the general welfare, and
secure the blessings of liberty to ourselves and
quillity is thus expressly indicated a. one Of the
prominent objects of the Consultation, and moth
ing can be palmer than that it means, not mere
family neighborhood tranquility, not the tran
quillity Of the 6reside but the internal tranquil
lity of the nation q q nation, and of the States
as political bodies and constituents Of the natisn.
1t was political tranquility, as oppoaed Ia poIiti.
cal disturbance, opposed to anarchical and in.
surrectionary movements of c:asses districts, or
| communities, tending to disturb the internal
peace of the nation, and to overthrow law and
| order.
| Such is one of the ends for which the Consti
tuition was made-an important end; one without
which the Government itself would have been
but vanity and vsxation of spirit, and the Iter
ties it was to secure chimera.
| Now, there is no clause expressly authorisins
the Government to wage and carry on war with
foreign nation, whether offensive or defensive
and yet to pretend that because of the absence
Of such . grant Of power the Governnsnt
though expressly authorized to raise and support
titute Of all power to use and employ them ID
defense of its OWE existence, would deserve ant
receive the ridiculs Of al. But, - il to takl
away all cavil, and al grounds Of cavil, and dis
tinctly and expressly to insure domestic tranquil
lity, the convention of 1887 authorize Congress
in terms, 70 call forth the militia to suppress ~
sarreetien; that 10, an armed rising Of man,
persons, acting in concert with the purpose O
overthroa ing the Government. or Of resistin,
its authority by concerted armed violence Thi
is precisely the form of psblic disturbance whicl
now exists; the same violation of domestic tran
guilty, against which it vas one express objsc
Of the Constitution TO guard. And the mean
which it, by express terms, places in our baud
to combat and subdue this violence is the en-
ployment of the militia say, in terms, for
do not mean to be understood as doubling tn
perfect right Of the Government to employ tn
regular Army and Navy aud all other instramen
talities known to the art Of war, to the same end
!. Our right to employ euch other means grows ou
of the necessity Of protecting the existence {
the Government, . right inseparable from all .,
sociations OF men permitted BY Law, and on
!. which cannot innocently be renosnced "
. have the sndoubtsd right, then, under the Cor
sttution, by express terms, TO employ the milit
! Of the country, aud BY the plainest implication
, the Army and the Navy, for the purpose Of suT
pressing the existing insurrection. For the co.
, eminent to employ these means, these instr,
, ments of military force, is 10 be engaged in "a
rying on and prosecuting var, war which -
duty under the Constitution il 10 obliged to VA
until the insurreeti0n 10 suppressed and domest
tranquility restored. 1t has no election bstwee
5 waging ard forbesring to wage this war.
cannot withont . v;~les;e~ ~f s.~-, a-.sy. @~.;
from ito prosecution until ali armed resistan<
ehall have ceased. Our oaths Of Office ha,
linked ~ to the prosecution Of this war, and Vi
link all our successors to it, with the force Of o,
: obligation BOT only to the Constitution, but
God. Neither We nor they can desert that DBL
CATION and may We and they have the manhoo'
the constancy, and the honesty never to conn
D so dreadful an apostaey!
/ Some months since the President Of the On
r ted States, in pursuance Of an ancient act
Congress, Issued his Official proe'anatios. decia
: ing the people of several States Of this Onion
. be in insurrection against the Governmeat
|, at oace proceeded to employ our armed ships
, blockade the coast of nine OF the insargei
4 States bordering on the Atlantic, and to close
their ports, cutting them OF from trade vii
1 foreign nations. By like military measures