East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1862-05-27
THE CONGREGATION SCHEME.
AN ABLE SPEECH FROM SENATOR BROWNING,
or ILLINOIS.


A Constitutional Lapysr's Repiew Of Tran-
5aKs Pettyoggdsg.
We have in the Globe the official re-
port of Senator Brownings speech in
the Senate, on Tuesday, April 29th, in
opposition to Trumbulls confscation
bill.
THE GENERAL GROUNDS OF HIS OPPOSITION
TO THE BILL.
Senator Browning states in the fol-
lowing extract, in general terms, his OPP
position to the bill:
If | were satisfied its passage would
tend 10 subdue the rebellion; to resto
peace, harmony, and fraternal regard be-
tween the people Of the different sections
of thsunhappy land;to bring back erring
and disobcdIent citizens to their allegiance,
and to restore the now contemned an.
thority Of the government in every part
of the country; even then l should feel
constrained to pause aud inquire whether
compatibly with the very solemn obliga-
ton ], in common with all other Sena-
tors am under to observe and maintain
inviolate the constitution, coul give
it my support. But when the strong
conviction of my mind is that its passage
will be attended with precisely the oppo.
site results; that it will strengthen re-
bellion instead of subduing it, widen the
breach instead of closing it up, ALLEVIATE
instead of conciliating, and weaken in
stead of re-establshing the power and
authority of the government; and when,
in addition to all this, l believe its en-
actment would be gross violation of
the constitution, cannot hesitate as to
my duty.
CONGRESS UsuRPING UNCONSTITUTIONAL
POWERS.
Senator Browning then proceeds to
show that the bill strikes at all the prop.
erty of every kind aud character Of all
tie citizens of the seeded States, with
scarcely an exception; aud that this is
done, not by any judicial process, i'll ac-
cordance with law, but by summary act
of Congress, that body assuming not
only to make the law, but to execute it.
said Mr.. Browning, in reply to Trum.
bull:
The difference between my colleague
aud myself upon that branch of the sub
iect, as | understand him, is, that he
claims for Congress the power not only
to make, but TO execute laws, while, ac-
cording to my views of the constitution,
the powers of Congress are legislative
only; and, when it attempts either to
adiudicate or execute laws, it usurps
powers not delegated to it, aud subverts
the constitution. Congress may declare
by law, within the limits prescribed by
law, what property of an
armed enemy shal be subject to seizure
and confiscation; but when it undertakes
to execute that law, it breaks away
from its legitimate orbit of power, aud
invades the prerogative of the President.
TIE LAW OF NATIONS GIVES AMPLE AUTHOR
ITY FOR ALL NECESSARY MEASURES.
Mr.. Browning concluded that, under
the law of nations, the requisite power
to suppress the rebellion existed, and by
that code we must be governed. He
said:
What insist upon is, that Congress
shall not lcgislate upon subjects which
are not TO be regulated by Legislation,
and that it shall not execute, nor attempt
to execute, laws upon any subject. Re
sort must be had to the law of nations to
determine what properly of a belligerent
"a public enemy--is subject to confs-
cation, and the circumstances under
which il may be eonfiscated; and then
the executive and not the Legislative de-
partment Of the government must carry
the law into force and effect. 1t will be
understood, of course, that speak of
enemy's property on land, and within the
territory occupied by the enemy, and not
of maritime captures; which rest upon
different principles, and are subject to
different rules, from captures on land; but
neither of them are subject to the con.
troll of the municipal laws, unless such
municipal laws conform to the laws OF
nations, and then they are of force only
because of such conformity. The law OF
nations comes in aud takes cognizance OF
the whole subject of capture aud bellig-
crent rights, both on sea and land.
in the prosecution Of the
! wal, emergencies may be developed which
will impose necessity, for the attain
meut OF the just ends of the war, to raw.
age the enemy's country, and conhscate
his property even TO greater extent
than is now proposed. II NAV become
necessary before this war, so needlessly
aud so wicked forced upon the country
is ended, to proclaim manumission of th'
slaves Of rebels to greater extent thar
this bill contemplates; aud, if such ne
oessity should arise, the power to NEE
it under, and in harmony with, the con
stitution, is, in my Judgment, undcnia
BILE. But who is TO Judge Of the necess
ity and decide when we are authorizes
to resort to these extreme measures L
secure the just object of the war, and L
proceed to execute the law which jnsti
ties tbemp Is it Congress? Has Con