The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1863-04-09
4. il no greater than the power possess

ed, is no greater than the power possess.
ed by every Justice, even in time Of
peace. Clement Squares, formerly Joi
Rochester, in this county, was arrested
and confined by order Of Justice, be-
cause a certain person testified that be
was afraid that Squares would kill him;
and Squares was afterwards released
without any trial, on the witness saying
that he was no longer afraid. This was
done by a justice, in time of peace, to
secure the safety of an individual; and
has not the President the right to pursue
a similar course in time of rebellion to
secure the safety of a nation? The fact
is, the Democrats are opposed to every
thing that will operate against the rebel
! lion, and in favor Of everything which
will aid the rebellion. They cannot re.
member that laws which apply to times of
peace may be entirely Sisregarded ip
times Of war, both by nations and indi--
viduals. A man with knife at my
throat has no rights which I am bound
10 regard, not even the right to breath;
and rebels trying to overthrow our
Constitution and laws have no rights
under the Constitution and laws, or from
any other source, which the President
and Congress are bound to regard. War,
fare is regulated By the laws of war and
I by nothfn else These laws are only
customs, and when disregarded other
nations sometimes interfere.
The Constitution provides that the
writ of habeas corpus may be suspended
in time of rebellion, but it does not say
by ~hom it may be suspended. 1t mus,
be suspended wherever martial law is es-
tabIished, and apparently it must be the
business of military officers to determine
when and where martial law is necessary.
When the people complained of Andrew
Jackson for violating the Constitution,
he said in reply, that when he swore to
support the Constitution, he swore to sup
port it as he understood it.; and | suppose
chat Abraham Lincoln can say SO too.
Should he obey the Constitution as he
understands it, or as it is understood by
Tom, Dick and Harry? Honest men
have nothing to fear from martial law. 1t
troubles only traitors, or those VINO wish
to have the rebellion prosper. For NY
self | should like to see q Provost Mar
shall in every village. Let US put down
this rebellion, and then martial law can
not be established, and the writ of haJ.as
corpus cannot be suspended by the Pre-
sident, or Congress or any power on
earth.
According to the Constitution it is
the duty of the President to see that the
laws are obeyed, consequently he must
do al! be can to put down a rebellion. -
Should he neglect to do it he would be
unfaithful to the Constitution, and mi ght
and should be deposed from his off ce.-
Hence the only constitutional way in
which this war can be stopped, is fon
Congress to withhold from the President
the means for carrying it on any Ion ssy
This they have not done; but on
contrary they have given to him
power to call out every soldier in
nation, and to pay them for two years
come; and until this power is taken from
him by Congress, he is bound by the
Con titution to carry on the war. Hence
petitionipg the President to make peace
with the rebels is petitioDing him to vi
o'ate the Constitution. He has no au-
thority to make peace with them, but it
is his duty to put them down by ali the
means in his power, and he must DO it or
he will himself be traitor and might
justly be hung.
The Democrats say that al, the laws
enacted by Congress, and all the meas
ures adopted by the President for put.
ting down the rebellion are not only VI.
wise, but unconstitutional If they ale
unwise. it is a matter of joy that they are
unconstitutional; for an Unconstitutional
law is no law at all, and unconstitutional
measures can never be enforced. Ever
since we have been nation, persons in
Congress and out Of Congress, when op-
posed to the passage Of a law have FIRE
quently pretended that it was unconsti-
tutlonal. Yet | do not know that Cen
gress ever passed a law which was set
aside by the courts as unconstitutional
and have no idea that the last Congres|
passed any such laws, for although the
might have been villains they were not
fools. My Democratic friends, do not
! be frightened about the unconstitu,ion-
olit.y Of our laws, for if they are uncon-
stitutional the courts are bound to set
. them aside, and no doubt they can decide
on the constitutionality of law better
than Tom, Dick and Harry, who cannot
manage suit before Justice.
1t IS my strong conviction, and I re-
Joice in it with joy speakable, that the
leading Democrats in this nation have
come to the determination to lay aside
their party politics, and hereafter, fol
the good of the country, to support Old
Abe and help put down the rebellion. If
they do this, it will be the noblest thinh1
that ever was done by any party in th
nation. And surely it will be for the
interest to do it; for what vii! party
triumph be worth when the nation Itself
is ruined? Yes, | believe that this coun.
try will be saved, and that the Democrats
will save it by coming up to the support