Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-06-06

3UiLutlOnt II lt De Nteeabhfy Ief tne SALIVA
ton Of the country2
The express powers granted TO Congress
for providing for the punishment Of often
ces, are only these; To provide for the
Of counterfeiting the securities
and current coin Of the United States to
define and punish piraeies and felonies
committed on the high seas, and offences
against the law Of nations to declare the
punishment Of treason. Yet the United
States statutes are full OF enaetmehts defn-
ing and Furnishing offences, declaring
forfeitures, &C., in connection with, or haV-
ing reference 10, the enforcing revenue
laws, regulating commerce, naturalization,
postofices and post roads, and general ad-
ministrution Of justice.
We now come directly TO the point ::
4" What may Congress do to suppress re-
bellionf We take it, that it already ap-
pears clear that it is both an implied and
express power, and also sovereign power,
for the Government to provide for the COM
mon defence, to suppress instructions and
repel invasions. Congress is the only body
competent to act and pass any laws upon
these subjects.
Whether the power be express or i'm
piled, or because il Is a mere sovereign
power it matters not. If the general power
exists "to provide for the common de-
fence" Sc, that is all that is necessary
That being granted, all laws may be passed
calculated to eject that end. Pains, pen
alties and forfeitures may be prescribed by
Congress, and denounced against those en-
dangering the safety Of the nation and en-
gaging in and melting insurrections, SC
This will not be disputed by any candid
mind.
II the premises, then, are correct, the power
Of Congress is clear, to pass laws to provide
for the common defence, suppress insuTrec-
tions, &c, aud to prescribe penalties Of for
feiture for tho violation of these laws. The
remaining point Is not what power Congress
has, but h0l0 far Is Il best for Goa Jress 10 sreT
its pOlVers OVer The subject
In order to best answer this question, let us
reeur agqiH TO the preamble Of the cOnstitu-
ton
We, the people of the United States, in
order TO form more perfect Union, establish
justice, ensure domestic tranquility, provide
for the common defence, promote the general
welfare, and secure the blessings of liberty Il
ourselves aH9 oHr Bofterity, do ordain and es-
tablish this Constitution for tbs United State
of America"
The President, when he enters upon the
discharge Of the duties Of the ofiee, is sworn
to "preserve, protect and defend the COnsti-
tuition Of the United States" He is "Com-
mander-in-C Chief Of the Army and Navy of
the United States and Of the militia Of the
several States, whom called into the service Of
the United StRtes," and he is bound by the
Constitution to q take care thaE tho laws be
faithfully executed" But in all this he can
do nothing, or very little, without Congress
acts by passing the requisite laws and afford
ing the requisite means.
1t is clearly apparent that it is the duty Of
the BTssideat under The Constitution and laws,
to accomplish what is indicated iH thR pEeam-
BILE, and il is the duty Of Congress to enable
him to do it by passing all needfql laws and
afordilg all the necessary means,
The history Of this rebellion thus far shows
attempts on the part of Congress to provide
for the common defenoe and general welfare,
&c, by affOrding men and means To the Pres
ident, and providing all grades Of punish
ments, penalties and fOrfeitures against those
engaging in the rebellion or contributing to
ii. Several laws of this character were pass
ed at last July extra session Of Congress, to-
wit: &" An act to define and punish certain
conspiraeies." This was directed against
those consplrlpg together 10 overthrow the
Government to oppose the authorities Of the
Union by intimidation or otherwise, or to
seize On the property Of the Government
The pHnishWeAE was not 70 exceed age af
$1,000, and imprisonment not TO exceed SIX
years.
2 The second was an act to prevent re-
oruiting in any State for the rebel service
The penalty was not to exceed 1000 fine,
anG g hFf eV ttihTfd was act to eonRseate
property used for insurreotionary purposes" ("
The title Of this act speaks for itself and
causes the for jieiture of ali property knowingly
used by the owner, or permitted to be used
for iHsQrreetionary purposes. The forfeiture
is to the United States,
In regard to persons held to service under
the law of any State, (which means, Of course,
slsYes) it is provided, if any such person
" shall be required or permitted by the person
to whom such labor or service is claimed to
be due, or by the lawful agent Of such person,
to take up arms against the United States, or
shall be required or permitted by the person
to whom such labor is claimed to be due or
his lawful agent, to work or be employed in
or about any fort, navy yard, dock, armOry,
ship, entrenchment, or in any military or
naval service whatever against the Govern
ment and lawful authority Of the United
States, then, and in every such case, the per-
son to whom such labor or service is claimed
to be due shall forfeit his claim to such labor,
any law Of the State or United States to the
contrary notwithstanding. And whenever,
thereafter, the person claiming such labor or
service shall seek to enforce his claim, it shall
be full and sufficient answer to such claim
that the person whose service OF labor is
claimed had been employed in hostile service
against the Government Of the United States
contrary to the provisions of this act"
An act has just passed the House of Repre-
sentatiTes eonfscating "Au the estate and
property, moneys, stocks and credits" of va
rious classes Of persons holding Office under
the rebel government, engaging in rebellion,
or siding It. -.1a4 G6le
All these laws are to be enforced by the
courts of the eountry-by the civil arm of the
Federal power. No friend of the Union, we
trust, will say This is going too far-it is all
right, and if the object Of suppressing tho
rebellion can be answered by these measures,
if they will accomplish what is attempted by
the Government, and restore or save the
Union, then it is not best to go further. But
will these laws accomplish the object? If
not, is there anything within the power Of
Congress to enact that will do it?
The laws thai have been passed are right.
We would not have them repealed; they
stand as an expression of a loyal people
against insurrection.
But how can they be enforeed-the Govern
ment must first get possession Of this prop
erty or individuals, and get them before the
courts Of law before anything can be effected
under them.
In fact, before these laws can be made
available the rebellion in the district where
the court exercises its authority, or where the
property iE, aust be substantially put down,
or be held by the military po,oer unless merely
pr0claiming the laws, will in effect suppress
the rebellion; that the mere passing and pro-
claiming these laws have not, ard will not
have that effect, is certain. These laws, ex-
cept the last named, have been in force nearly
a year, and yet the rebellion during that time
has increased in boldness and magnitude. It
is clear, then, that these laws alone will not
accomplish the object. They serve but food
for rebel derisioR
Is there any measure then that will do it
We have already seen that these laws have