New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-03-12
SPEECH OF GERBJT SMITH ON
TME WAR.
Delivered in tho City Of Washington, ID. a.,
March \, 1860,

You are ovcrowing with Joy at recent successes
against the Rebels am 10 attempt to ming.e apprc-
tensions with this joy, and to reduce somewhat your
proud confidence in the ultimate triumph Of our
arms An attempt so entirely out Of harmony wilh
passing events and with your elated spirits can be
pleasant neither to You nor TO me.
This war which you wagng?-l wish You
would stop it. Were II war against the kebef
only. would have you go with it, and far more
vigorously than ever. Since, however, it is wal
against, not the Rebels only but also against the
Constitution and the negroes and Freedom and the
country and God, l beg you to stOpt. war
against all these lie quite too much. Neither saonld
you nor can you succeed in il. Give il up: aud II
you cannot find il in your heart TO make Your war
against the Rebels only, then make peace with them
on the best terms you can and as coon as you can.
If you will not consent to fight against Wrong but
on condition that you may fight against Right also
if You will fight against the guilty provid' only that
YOU be allowed to fight against the innocent aeo--
then you had better give up your fighting, for II viii
in the end be as unsuccessful rs it is wicked.
Pardon me for speaking to you as to the Govern
ment. Coming as do from somowla, remote
part of the country, where people are wont TO asso-
ciate not to Say identity, the City % Washington
with the Government it is quite natural that, IN tie
presence OF Washington audience, should feel
myself TO be in the presence Of tue Government, and
that should speak TO you rs if You were the Gov
eminent.
! However some men may complain ol The in'
adequacy OF The Constitution for lime Of peace. it
certainly lacks nothing for time of war. 4 better
Constitution for tine Of there could not be- since
it vests Congress with Discretionary and unrestricted
power for carrying OF war. Congress NAV compose
its army of natives or foreigners. men or women
white red, or black. II State enact that persons
shall il married, be exempt from enrolment in i,
such enactment of cOurse have no effect against
the will Of Congress. No less impocnt would DO
the enactment Of State for exeBpting persons on
the ground Of their being held By the tenure Of
apprenticeship or minority, Slavery, any other
tenure. IT. for the Of this THAI personal roa
ton, then for the Of any other personal re-
ton, State might withhold its citizens and subjects
from the army; and so Congress might in vain at
tempt to raise an army anywhere within the limits Of
the nation. In holding then az the Government TIac-
tcally does, that the Cons tuition ties ~ TIE hands
of Congress and forbids its bringing into the srmy
any persons It may please, 10 40 the lower work Of
driving teams and handling Shoyels, or even The
higher work of handling Swords and guns, the Con-
stitution is misrepresented and warred upon.
| Again, the Constitution authorizes Congress TO
make what laws il will TO carry into execution H.
declaration Of war; and TO render iis arInies mos,
effective. ! FAY what laws it will-for who bat
Congress is 10 judge what laws arc necessary r.
But more than this, in order 10 make the discretion
more emphatic ard entire the word proper IS
added. GAN laws which shall he Necessary and
proper" ae the words Of The Constitu,ion on this
point. Believing them TO he necessary andproper,"
Congress may enact law for the burning Of every
schoo-bouse and church in Missouri 10 tie end tia,
Rebel troops can no longer end shelter in heu nor
derive any other ads anage from them; and another
for breaking open every jail and pouiieniiary in
Kentucky 10 the end Of enrolling their inmates in
the army; and another for throwing open tie door
OF every domestic prison in Maryland for the pur-
posc OF recruiting the army from the liberated
These recruits from Slavery by the way, instead e
being, like property, or II you please Ike altar
property rcturng5le ~ the end o. the war % thCir
ante-waF condition and relation, ean and with their
families also, be made, like tue enrolled inmates Of
the iails and peuitcutares, forever tree For such
freedom be made part or all Of the stipulated
nay for their military services, and pat or nil OF
the inducenent 10 render the services. II IN III
judgment necessary aud proper 20 save the nation
when in the pcrs OF war Congress might raH q
law abolish!ng the practice Of attending school, and
attending church. and also TIC practice OF holding
savee. Tie Senate and the FfesdeD' have tie yer-
feet constitutional night 10 AXE convict from the
State prison and make General ol him, and TIE
same night with the Inmate Of slave-pen: anu then
Congress Las the perfect constitutional n ht 20 make
The pay H. the one care freedom from tie prison
and in the other freedom forever from Slavery. /
Az Congress and the President made Winfield Scott
Lieutenant General, 90 can they aso MAKE Frederick
Douglass Ieutenan;-GeneraL And then 10 induce 1
that grand black nan 10 accept tie Office, ana ~ !
WELD the magic OF hs name over The millions Of hir
oppressed countrymen, Congress would be at entire
liberty pronle him the absolute freedom OF thoe
millions. state Sovereignty menl war oyerIldes |
State laws, and all laws. u Is its own law; ana
whoever does not admit this Is unfit TO have part
ia conducting war.
You will cay that, under my Interpretation OF H. |
the Constitution clothes Congress with dlsp0lc |
power. I 60 not hold tnat IL does go In time 81
peace-for there ere 40 nece siiea IN peace calling
for the exercise Of such power. But do mold thrt
under the necessities Of il does clohe Congress
with despoiic, by which here mean unlimited,
power. And IL II jgei because bold this that re-
gard the present. COnVreS as an unworthy onc III
is an unworthy Congress iaiheas 10 ne COnfuiu-
ton aud the couniry-bccausc IL hfinks nom We
exercise Of a power clearly granted by tc COngiiu-
ton and the exercise Of which IS imperKnveiy d.
handed By the condition Of the country. The cap
tain Of ship, which the storm is threatening TO en-
gulf, il good Tor nothing If he shrinks from acung
the despo and from asserting his title 10 the help oi
all board. lie 10 good for nothing II he ,hiinks
from exercising his night 70 cast overheard even tLe
most precious Of the freight Our Ship OF State "
threatened with total wreck. There are persons
enough on board 10 sayc her. But her commanders
say that part Of them, end the most efficient pari,
II is contrary to the rules Of tic ship to et nop hcr
There is much freight Oh board Al the est every
one adnjts, may BE- thrown over But that which If
infinitely heavier tLan all the rest, and that under