The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1862-06-28


the Constitution of the United States,
but 10 granted in the following compre-
hensive terms, in Article !, Section s, OF
that instrument:
Congress has power to declare war,
grant letters of marque and reprisal, and
make rules concerning captures ON land
and water.
To raise and support armies.
To provide and maintain navy
To make rules for the government and
regulation Of the land and naval forces, /"
&c.
And upon the President, in time of
war. is deyolved the duties Of Comman.
der-in- Chief, and the powers appertain-
ing to such position.
The Constitution having thus bestowed
the war power on the Government, the
Laws of Nations furnish the rules and prin
ciples on which the war is to be con-
Quoted.
Kent, an unquestiened American su
thority, says: 1.-The law of nations allows
the means requisite to the end And
the practice of our own Government, in
the war with Mexico, furnishes a great
deal of light upon its rights and powers in
war, Under the instructions of the Sec
rotary of War, our Generals in Mexico
LEVIED contributions on the enemy for
the support of the army. and seized and
appropriated the revenues of the Govern
ment OF Mexico, as well as of its cities
and private citizens, towards defraying
the expenses Of the army.
In his letter of instructions to General
Taylor, Sept. ED, 1916, Secretary Marcy
said that IAN invading army had the IN
questionable right to draw its supplies
from the enemy, without paying for them,
and to require contributions for its sup
port. and to make the enemy feel tie
"SsJ"t y tHe NHT-
President Polk, in his letter to the
Secretary of the Treasury, Marcy, 1847,
declared "the right of this Government
to levy contributions on the enemy, in the
seaport towns and provinces in our mill
tary possession, to defray the expenses of
the war" And he also declared the right
OF our Government "to establish temporary
military governments over the provinces
of Mexico And the right of our Gov
eminent to exact "indemnily for the past
and security for the future" is attested to-
day, and will be to all time, by our golden
Pacific Coast possessions.
Numerous decisions of the United
States Supreme Court, commencing with
that OF Brown VS.. U. S., in 9th Cranch,
establish the right of the Government to
confiscate all debts due to, and all property
inthe United States. and owned by, beliiger-
ents. This right may or may not be ex-
ercised, at the discretion of the Govern
ment But the Government has the
right to exercise it, and in the exercise Of
it, to confscate the property of all the
rebels of the South. or of Just sue b
classes of rebels as it may select. And
here We wish to be understood as mean
ing the Government, which is composed
OF three departments, under our Consti-
tuition, and which acts by the appropriate
department in the exercise of it's powers.
Regarding this then rs civil war, as
writer's on the laws OF nations define it,
and as the common sense of mankind ap-
prehend it. and AZ our Government has,
IN many respects, much against its will,
been constrained to treat it, the Consti-
tuition and the practice of the Govern
ment, furnish ample authority for deal
ing with it. And remembering that the
belligerent power are rebel citizens, and
traitors to the Government. usurping
authority over the States Of the Union,
we have, in the provisions Of the Const-
tuition on the subject Of insurrecti ons and
treason, ample authority. after their hos
tile forces have been dissipated, to en- force
the laws Of the United States, made and
provided for such cases, and to re-estab-
llsh the States in their loyal civil relatio ns
and subordination to the supreme Gov
eminent
This view of the Constitutional pow
BIS of the Government, and the character
II the conflict, accords with the facts and |