The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1862-02-19
CADlz OHIO WEDNESDAY, FEBRUARY 10. 1862 {

So ~ e -rs 1PP p ~.
. must be admitted, as necessary consequences,
that there be NO LIMITATION of that authority
which is to provide for the defense and protection
. Of the community in any matter essential to its
efficacy, that is, In any matter essential TO the
FORMATION, DIRECTION, or SUPPORT of the EAT1oSAL
FORCES"
This statement, adds Hamilton
"Rests upon two axioms, simple as they are
universal: the MEANS ought to be propcrtioned to
, the END; the persons from whose agency the at
tsinment of the END is expected, ought to possess
the MEANS by which it is to be attained - Fed.
eralist, No, %, PIP. e5, &C.
Says Madison, sometimes called the father
OF the Constitutions: -..-.
Security against foreign danger is one Of the
primitive objects of civil society. II is an avowed
and essential object of the American Union The
powers requisite for attaining il must be effectu-
ally ccnfded to the Federal councils. Is the
power of declaring war NECESSARILY No man will
answer this question in the negative. 1t would be
superluous therefore to enter into proof of the
Z affirmative. Is the power of raising armies and
eqnpping fleets NECESSARY? This is involved in
the foregoing power; it is involved in the power
Of sefdeiense. But was it necessary to give an
INDEFINITE POWER of raising troops, as well as
providing fleets, and of maintaining both in PEACE
rs well as in WAR? The answer, indeed, seems
so obvious and conclusive as scarcely to justify
such a discussion in any place. With what color
Of propriety could the lorce NECESSARY for defeuse
be LIMITED by those who cannot limit the force of
otiense| - at is vain to
oppose constitutional barriers to the impulse
OF self preservation. III Federalst No. d. D. ia
50 slake Hamilton and Mad ison when the
Consti,u ion was on trial before the people.
adopt the stroag words OF MarshalI
1 The Government, which has right to do an
act, and has imposed on it the duty Of performing
that act, must, according to the dictates Of reason
be allowed to select the means"- Mccullough vs.
| Maryland, Wheaton, 40s. ava -.
The duty to provide for the 'icommon de-
tense, and to that end to lay taxes, borrow
and coin money, contract debts raise armies
and navIes, and make laws Tor their govern.
ment, Is imposed upon Congress; and there
fore reason declares and The Constitution
provides that Congress may pass all laws
necessary to the faithful discharge OF that
duty. AS there is no express limitation in
The Constitution Of aEy legislature need
iul 0 national defense, either TO suppress
tnsurrectiun or repel Invasion, it follows that
Congress may in the premises authorise to be
done whateser in selldeiense against violence
and war free and independent nations may
of right do. What nations may rightiullv do
in the prose ution OF a Just war in defense Of
| their rights, or in vindicatlon Of their lawful
authority, is clearly defined in the laws of
of nations, and audioly attested by the voice
! OF the civilized world 1t is the established
law OF -natroH that NECESSITY is the measure
Of violence in war; and humanity lis temper
Ing slirit. r.',.s t..F
From all this it must be apparent that
while unnecessary or wanton cruelty to the
public enemy is forbidden by the laws OF ma
tons, as we'll also by the Constitutions; all else
essential hp Tever destructive TO the lives and
! properly, is jusiifiabley--a right and a duty
these rebels In arms against the Constltu
ton and laws were alien, not citizen enemies.
the Government OF the United states, by
authority Of Congress, could visit upon them
all these dread penalties OF war, and tlie
contscation OF their property. so lar as nee
esSary to the vindicaion OF the nations
rights . That they are citizen enemies does
not relieve them from these penalties, or in
any wise mitigate their guilt. But what is
forbidden BY the law OF nations against alien
enemies waging war against US by the au q
th1rily of lheir sovereign, is expressly allowed
by the Cons tuition Oh our country towards
these rebels. Eevry one of them taken in
The overt act of rebellion, inasmurh as he is
a citizen OF the Uniel States, and owes all
egsnce to the Government oil the United
states, may be treated as traitor, and upon
trial and conviclion may justly be subjected
to the punishment prescribed by the slatu
upon those guilty CT tho crime OF treason,
and be subjected to such other penalties Tor
h,s rebellion as may be prescribed by law.
No state in he Union can lsgalze treason,
or absolve any OF its citizen from his allegi.
ance to the Federal Government.
The Government is invested with the
right Of self defense and self preservati on,
and, to that end, with the power to provide
by law for the maintenance oil its authority
by force against all conspilacies however
sanctioned by State statutes, or State consti-
tutons, or Stale ordinances OF secession.
such are the rights and powers of the
Government. What are It's duties, and es
peclally what is the duty in this hour of nl-
tlonal peril OF the legislative department oi
the Governmant? Maniiestly, sir, it is The
duty o Congress, it is our duty as Repsenia
tiVes OF the people, to pass ali laws necessary
Tor the suppression OF this rebellion Judg
ing nom so,ne indications winch have seen, |
lear thear are those who deem legislation !
unnecessary, and active military operations
unnecessary, to the suppression OF this re-
bellion; who think that diplomacy and rea- !
oOii Will tiAtAAlSiJ a pSaGG. AeGhsUH |
is strong; but reason uttered by legal author
ity, and supported by leg,iized 'orce, is
stronger for the Suppression oi wrong.
l,lt not the duty OF the legislative de
partnent 10 provide by law at unce for the
employ uent oil all justfable force against
tie persons and properly 0 these rebels, 10
The end not merely that the arenging arm |
ch sn lnsnlled people may all upon them, but
that The naiion may live, that justice may be
established, that domcStl& tranquility may be |
restored that the general welfare may be
promo ed that personal security aud the
blessings of liberty may be iorever ensured
For these ends the Constitution was ordan I
ed by the peupls; not without suffering and |
mart lyr1om and the Bacrifice OF blood. Let
rot these ends fail Of realization by any act
o. ours. The sacred trust ol proving or the
common defense is in our hands; let us not
all, so tai as IN US Ii s 10 execute it
What arc the laws already oalcted for the 4
common deiense-do they proviie all that is
necessary This is an important question
The people demand that al need ul laws shall
be enacted and enforced. p o+ 5tsst2 q
What are the la"s on your statute Book
for common defense? You have d Statute /
defining the pu1ishuento oi treason; a statute |,
all hoiising the organization Of an Army and
Navy; statute authorizing the enlistment
Tor the. suppression OF this febe Hon . Ave
hundred Thousand volunteers; sta ute ,aa.
rhorizing the President to calfoat and org,n
ize the militia; statute for the gpyerrWlleetF Y
OF all these ol6es, and tpr tie osganizationti
Of military courts suu,marily, TO try aud
punish all eoocevable 6nensss which my Of
them may commit. You have also authorized !
loans to tho amount OF S250, ,00O, ,0O0 aud 4,
have proyid d Tor he capture and condenna
tion TO the public use OF The eheny's property1
taken on the high seas. ana OF sach public ,
stores or the enetny rs may te taken in his /
camps, towns. forts, Or magazines; ami by Il
your late statute which Ecannot agree with
ny friend rom Indiana tMr. Julian wGs
legl lative blunder you have provided s11Ior K
Lhe confscation Of all property used BY its !
q