Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-05-21
THE CONVERSATION SCHEME.

n0ts-A t0nsfuHftonn IanycTs KcrtcU Of
TrumbaHs Peayoggng.
We have IN the Globe the official report of
Senator BROwSISe's speech in the Senate, on
Tuesday. April 9th. in opposition to TRuMsrLLs
confscation bill:
rnr eESkRAL GROUNDS OF MS OPPOSITION TO
THE BILL.
Senator BROWNING states ia the following
extract. in general terms, his opposition TO the
bill:
Ii | were satisfied its passage would tend TO
subdue tile rebellion; 10 restore peace harmony
aud irsternal regard between the people OF the
different sections of this unhappy land; bring
back erring and di-obedient citizens 10 their al
legIance. and TO restore tie now condemned au
tliJrity of tire Government in every part OF the
country even then | should feel constrained TO
pause and inquire whether eompatIbly with the
verv solemn oog alton |, in common with all
other Senators. am under 10 observe and main
tan In,iolale the Constitution, could give il
nv support But when the strong conviction
OF my mind Is that its passage will be attended
with precisely the opposite results: that il will
strengthen rebellion insteId of subdung IL,
when the breach instead OF closing IL up, alien
ate instead oil conciliatins. aud we,ken instead
OF re-estt fishing the power and authority oil
the OO.srnment: and when. in addition To all
this. believe IT. enactment would be "a gross
violation OF the Constitution, | can not hesitate
as 10 my duty
CONGRESS UsyRPGSG UNCONSTITUTIONAL POWERS.
Senator BROWNING then proceeds to show Il at
the bill strikes at all the property of every kind
and character of all the citizens of the seeded
States. with scarcely an exception; aud that this
is done. not by any Judicial process, in accord
ance with law. but by summary act OF Congress,
that body assuming not only to mike the lis ,
but to execute it. Said Mr BRowSlSG. in rep.y
10 TEUABULL:
The difference between my cole lgue and my.
self upon this branch OF the subject, as | under
stand hm, j.. that he clans Tor Congress the
power not only 10 make but To execute laws
while, according to my views Of the CONSTITUTIONS
The powers oil Congress are legislative Only; and
when IL attempts either to adjudicate or execute
laws, IL usurps powers not delegated To it, and
subyerts the Constitution. Congress may declare
toy law, within the limits prescribed by interDa-
uonal Jaw, what property OF an armed enemy
shall be subject To seizure and confscation; but
when it undertakes to execute that law il breaks
away from its legitimate orbit OF power, and in
vades the prerogative OF the President
LAW Oh NATIONS GIVES AMPLE AUTHORITY FOR
ALL NECESSARY MEASURES.
Mr.. BROWNING concluded that, under the law
of nations. the requisite power to suppress the re
bellion existed. aud by that code We must be gov
erned. He said:
What | insist upon is. that Congress shall not
iegnsate upon subjects which are not TO he regu-
lated by legislation and that il shall not execute
nor attempt TO execute, laws upon any subject
Resort must be had 10 the law of nations To de
ternIne what property OF bellgerent-, public
enemy-Is subject to cOnhscatiOn, and the CIR
cumstances under which il may be eOnhscated
and then the executive and not the legislative tie
parinent OF the Government must carry the law
into force and effect Ii will he understood, OF
course. that | speak of enemy's property ON hand
aud within the territory occupied by the enemy
aud not OF maritime captures. which rest upon
different principle, and are subject to different
ruies. iruIn captures OH lind but neither OF them
are subject 10 the control OF 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 and takes cognizance OF the
whole subject OF captures ana belilseient rights,
both aud Land.
Ia the prosecution of the war e.nergen-
cles may be lie, eioped which will impose a
necessity. iei the attainment OF the just ends OF
the var, tO raVage the enemy country and con
hsCue ms property. even 90 greater extent than
= proposed IL may become necessary he
foIe this war, 80 neeIlessly and - wckedly
forced upon he country. Is ended, 10 proclaim
manumis-iOn OF the slaves OF reue.s "a a grea ~
extent than this bill contempates: ard It such
Necessity should arise. the power 10 meet { uu
der and IA harmony with the Constitution. = "a
mt judgment undeulabie But who J. 70 Judge
81 TIE necessity and decide when We are autloli.
zed On resort o. these extreme me ,sures 10 secure
the Just object OF the war. and u proceed q exc
cue the ,aw which Justiles them! l. It Con
grc>sF Has Congress auN thing whatever 20 10
with ~ just - vel might Congress claim the
right to tell the general on the field OF battle
lien Ia advance and when - withdraw a col
Utnt. and when the bayOnet should be substitu-
to- ilg tie musket aud the rifle These ATE not
legislative functions, but executive. ~ is the
secure aIid eOnhscatOn OF the property OF pub
lie enemy uu iud IN time OF war. executive II
i not The making but the erscufiRg OF law
The law already exists. and settles both what
Kind % property l. su,gect TO SEIZURE, and the
circumstances under winch il shall toe lawful 10
M he tie seizure. Whether the circumsttn. Is
have arisen which justify the act. AMI u 80. 10
Mat extent. whether the capture and cOuhsct-
uou shall be restricted 10 certain specified arti
c.es ct tie euemy's property. or whether they
shall embrace it all. whether the necessity has
me Tor cashing 10 pieces the bonds winch bind
toeeE her masters aud slaves. AID budding the lat
iel 20 ifee ard il -. whether We shall sinpl,
tam them loose. make them aVail.sO. e
Ter TIE prosecution OF the wtg-tre All questions
o. be considered. and measures TO be catTed into
effect w the President COmmaEdeg-iu Cniei OF
tie army. aid by those Who act under bin anu by
A.> authority.
40 this be iair aud correct statement OF the
hNs OF Vat a. thes nov are-and that Il i /
think vii not be e.'nllo. e4ted 10y ara, one who
wi.l lake the pains 20 give the subject a C. niid
examination then whence the necessity oi such
legislation l. prsPo-ei by the hiii. .s4l what
other ELECT could the b.i have. 10 passed.! q. an 70
eXasI crate ca tie one SIDE and comg.ictte ald
enbarTsss on the Otherl
rHK CONSTITUTION
To bring my 0Sn mind 10 satisfactory cOnclu-
siuLs a. % our powers ot ie. Station upon the
great question: before -. IL has seemed To NE
thit tbe hr- seq IVES 90 determine what relation.
under tie Constitutes. the febeis sustain 20 u,
ais' must sustain during the continuance of the
vsFl When tbs = d0ue. our own course ~ M b,.
Glseuhafiassed OF much Which ~, -hl athcru ise
seeul dhcult- Ne cannot re-ard them ~ alien
eGemics To 10 80 would admit the permanent
dlsnlenlbeiinen OF the SLates the o,ei throw ~
Tie Union, the triumph Oi their cause tlrr -e.is-
tate and independent nationality Il would Ice
10 admit all Tor si.ca theg contend and the iat
thef prosecution 81 the VAR Would be both wax
81 snd objectles~. Nothing would rem tim but 10
adjust the terms oi -etilemeut close the STRIFE
and accept the rebellion as al accomplished re,