Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1863-02-12
The Czankee Prisoners and their
Arrests.
Report of Hon. c. &. Pope, from the
Committee on Federal Relations, Sub
Initted to the Assembly, z eb. Ath, 1863

a
Kemp and others, together with a substitute for
said joint resolution, have had said Joint
and substitute under consideration, and a majority
of yonr Committee beg leave to submit the follow
ing report:
The Constitution of the United States provides in
express terms, that Congress shall have poser to
provide Ior calling firth the militia TO execute tie
laws OF the Union, suppress Instruction and repel
lnYaloh7. pursuant TO such power conferred upon
congress py the Constitution, ample means had
Deen maue authorizing the Preside Mt to call fort
the militia to suppress the formidable nsurrect ton
az the south, and to make such needtut rules and
regulations Tor enrolling the militia ana otherwise
putting the act into execution.
Inc great and unholy rebellion at the South
hao IN It's progress assumed such great strength anG
alarming magnitude, that actual invasion OF the
loyal states Was threatened and the Capitol of the
nation in danaer of desecration. To the Con-
stitution, liberties and national honor, it
became q necessity for the President Command
er-in-Chief Of the army and navy of the United
States and Of the militia Of the several states the
exercise Of the aforesaid powers granted to him 10y
Congress, to raise large additional force TO fiji
the decmated ranks of the Union army. The loyal
states of the patriotic north appealed to Tor
the necessary aid, and the appeal was not made in
vain.
The prompltude with which the people came for
ward and voluntarily answered to the demands Of
the federal government, is worthy of the highest
CONNIE ndation ; and the history Of this glorious
uprising OF the people will adorn the archives OF
tho Republic to the latest generation. Never be-
fore did the history OF the world furnish great
and patriotic example of the bravery and hero
State OF Wise 1nsn not behind her sister
in her response to the just and necessary demands
of the government. Her left the happy FIRE
sides, friends and all the human heart holds dear
aad rallied to the standard OF the country, todsfeud
the Constitution against traitorouS foe.
But our quota OF troops was not entirely filled by
voluntary enlistsments, and recourse to conscrip-
ton draft became necessary in some Of our coun-
ties in order to respond fully the Of
the government.
Common justice dictated that each county in the
State should, commensurate with its population,
bear an equal proportion in the prosecution OF the
war fer the suppression Of the great southt m re-
bellon. Each county in the State had, in the
days of our national prosperity and peace, shared
in the benefits OF free government; and when the
very existence OF republican institu tions, was
threatened by powerful, relentless and treasona-
bic enemy, common gratitude alone should have
stimulated them to have contrib uted equally in the
prosecution OF the war the preservation of the
Union.
But it seems that g Nicholas Kemp and his fellow
prisoners" were of different opinion, and openly
offered armed resistance the draft and the lawful
authority OF the gOyernment; and attempted by
force to maintain such resistance to the govern
ment. For these insurTectIOnary and treason BILE
acts they were arrested, and until recently
tanned in custody of the military authorities the
United States Of the strict legality OF their arrest
and subsequent detention, the maj ority of your
committee entertain no doubts. The President
was clothed by Congress with ample authority to call
forth the militia end if he had authority to en-
force obedience to the military power thus consti-
tutionally delegated to him, arrest, detain and
punish offenders against the lawful exercise such
authority, especially IN lnsurrectlonary districts,
then, indeed, our government is than a fail
uTe-it possesses the power of self pre- seryaton,
and to enforce ODE denee it's authority. The
very idea OF government presupposes the right of
sovereignty the right to enforce its lawful author
ity, and to punish offenders.
1t has been urged that loyal State is not sub
ject to military authority and that the privilege of
OF the writ OF habeas corpus cannot lawfully be
pended therein. In connection with this let us ask
If nsurrectio is less obectional in disloyal dis
trict, county in loyal Ctate, than in q disoyal
dlSLCVll Ne in II
not.
But while majority of your committee are of
the opinion that the arrest and detention of the
persons to whom reference is made in said Joint
resolution, is perfectly just and constitutional we
still think it but act of justice and sound policy
upon the part of the government, to grant them a
TRIAL as speedily as possible.
The 'tiudicial determination" of the Supreme
Court of this State, in the matter of the applca-
ton of Nicholas Kemp for writ of habeas corpus.
does not warrant us in regarding the arrest and de-
tention OF these men unconstitutional. We say
this with due respect to the Supreme Court of this
state. The judicial determination of our Supreme
Court Is not nal and does not settle the question
that the arrest and detehtio of these men is I'M
constitutional Chief Justice Dixon, in his opinion
published, the following language
:" have, however, this encouragement. that for
my errors there is a remedy, which, though slow,
and sometimes embarrassed by State opposition, is
nevertheless such as Congress has fit to pro-
vide. And this consideration, that our decision is
preliminary and not fndL-that we merely prepare
the way for the dete animation of the Court, which
alone settle the law, will relieve from that
extended discussion of the questions which til cir
gravity and Importance would seem o demand''
We learn that this case has been taken to the
Supreme Court of the United States for final adju-
dicaton- We must therefore regard the determi-
nation of Our Supreme Court not final, only pre-
liminary, and await the adjudication of that Court
which alone settle the law" =" in the matter of
the application of Nicholas Kemp for writ of ha-
bedS c0rpus" And though this remedy may be
embarrassed by State opposition, it is nevertheless
such rs Congress has seen fit to provide"
How then, we ask, can it be claimed that it has
been g judically determn Cd' that the arrest OF
So Nicholas Kemp and his fellow prisoners is I'M
constitutional? when Supreme Court say
that they merely prepare the way for the determi-
nation of the Court which can alone settle the law
The passage of join resolution No. 6, A, would be
an explicit condemnation If the acts of the admin
istration unconstitutional, and an explicit justi-
tcation the insure ctionary of the persons
mentioned in said resolutions 1t would be assert
ing the right of 4 State TO declare act of Con
gress, and the proceedings of the Executive of the
Nation unconstitutional.
This cannot admit. 1t is part of the right
of any State i'll the Union TO decide conclusivel
that the Legislature or Executive of the Nat or
have transcribed the powers delegated to them BY
the Constitution. 1t is no part of the right of AM
) tie under the Constitution 20 assume that any
department of the General Government has VIC
lated the Constitution and refuse obedience the
laws and resist their execution by open Insured
ton The Constitution has wisely provided tina
judicial power shall extend to all cases arising
under the Constitution and laws of the United
States.
Whether the General Government has or has n o
violated the Constitution, is question which cal
alone be finally determined by the United State
Supreme Court. Whether the Government of thu
Union has exceeded the powers delegated to it, AM
encroached upon the reserved rights of States, is
question to be fualy settled by the adjudication
of that Court. The people have fit to del-gat
this power TO the General Government and it is gu
duty to support and maintain the supremacy of tn
Constitution in this respect well all Others
five should deny this power of the General Gov
ernment under the Constitution, to decide the ex
tent of its own powers what are we to do in case
iPF n no 10 grail NJpr
ment and State Government? If there is n
court of final resort in such case provided for b.
the constitution, howis such case of confctin!
jurisdiction to be decided sanguinary and ter
rible answer may be found in the unho!y rebellion
that is raging at the South, against the cousti
tuition of our country. And with this fearful an
swer now before them, we indulge in the belief tina
the loyal people of Wisconsin will pause long be
fore they will approve, either expressly by impl
cation, the dangerous principles IF indeed they ca
be dignifed by such name) which underlie tn
present rebellion.
The trainers of national Constitution new q
designed that there sho uld be any Cntiict betwee
the United States Government and the Govern
meuts Of the various States, which could not b
settled in constitutional manner, by the judici;
power of the Union. And the wisdom Of reposiu
this trust in the Federal judiciary, the history {
the nation has amply proven. The people; whe
they ratified the Constitution, never dreamed tina
they approving an ms rument which provide
for its own destruction. The rightly supposed ,
its adoption, II at they had formed u more perfec
uuion-had established justiee-insured doanest
tranquility; had provided Tor the common defense
promoted the general welfare, aud had secured
themselves and their posterty the blessings of lii
erty and a free Constitutional Government. The
did not suppose that they had established q mer
rope of sand, to be swept away by the first breat
of local discomfort.
BY the Constitution, certain express powers wer
wisely conferred to the General Government.
the exercise of these powers, delegated to it /
the people, that Government IS Independent. 81
preme, sovereign. Receiving its powers direct
from the people, is is responsible to the Peep