The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1863-01-29

| Negatively, then, We may INFER tnat the
writ may be suspended in cases OF rebel.
lion or invasion. Does the power to
suspend the. writ lie with Congress Or
with the President? When the Consti-
tuition was formed resolution was iptro.
duced comforting this power on Congress
and was voted down. [See Eliott's Con-
stitutional Debates.1 This fact conclu-
siveIy settles the question that the franz
ers of the Constitution did not intend to
commit the matter to tho jurisdiction of
Congress. The suspension of this writ,
as is evident from the wording of the
Constitution, is the result of military
necessity. Civil law, upon the advent Of
martial law, as we have shown, ceases to
be operative. The privilege of the writ
Of haLeas corpus is provision of the
civil law; hence martial law suspends this,
as we'll as all other civil enactments and
processes. The President 10 his capaci.
ty as Commander in, Chief, can, when, in
his judgment the necessities of the ma
ton demand it, suspend this privilege.
He does not get this right from the Con-
stitution alone, but from the Constitution
taken in connection with the usages of
civilized warfare. He finds in the Con-
stitution that he is the head of the army;
what he may do in that capacity he learns
from these usages. Were not this right
guaranteed him; were he compelled to
turn over all spies and traitors to the
slow, uncertain and perhaps disloysl pro.
ceedings of the civil courts, in Stat 8
which are, at the time, in rebellion, or
are sympathizing with rebels, there
would be no possible remedy against the
ruin of the army and of the country
The necessities of tie nation, its life and
honor, imperatively demand that the ex-
ercise of this right be invested in the Elk.
ecutive, and no loyal man will End fault
with it. Only traitors aud sccessionists
will object to it.
4th, Has the Government right to
the property of the rebels?
The only provision concerning this
matter in our laws is contained in the
Constitution. BY its provisions, no
bill Of attainder shall be passed; and no
attainder of treason Gin consequence of
a judicial sentence) shall work corrup-
ton of blood or forfeiture, except during
the life OF the person so attainted. BY
the common law, and that always gov
ems in the absence of statute law, the
property of rebels found in arms against
the Government is subject to confsca-
ton. Our government then has right
to contlscate property of citizens found in
arms against it, and in exercising such
right it is only taking the same course of
action which has been pursued during tn:
last four hundred years by all the nations
in Chrlstendom.
9th. Had the Pre-. iient a right to
issue an Emancipation Proclamation?
The President has right, by the usa-
ges of civilized warfare, as Command der
in-Chief, to do all he can to weaken the
strength Of the rebels. The Emancipa-
t,on Proclamation was issued solely for
this purpose This was its object If
it helped the slaves at all, it only aided
them incidentally. Henee,if it becomes
necessary, in the judgement of the Com
mander in Chief, to resort to such mea-
sure to aid in crushing a rebellion, lie is
fully justified in making use of it.
We have thus reviewed the prip cipal
positions which were taken in this ad-
dress. We have endeavored to d. it
candldly and fairly. OF its general char
acter we need bot say much 1t was
scandalous and reasonable in the high
est degree. 1t was the most biasphe-
nous address We ever heard. 1t was in
consistent W tn itself, and inconsistent
with the address which followed. (Col.
Preston's.) Its argument was fallacicus.
I'D ITS conclusions not warranted BY the
premises assumed Its object seemed to
be to lead the ignorant and unwary as
tray, and to endeavor t, convince them
that the Government was transceDdnc
Its propcrllmits and wasendeavoring to in
augurate despotl>n. We would gladly
review the whole speech point after point,
bat we are not able to do so for want of
room. Tia, Will probably be done at
the Union meeting, which will be held
at the Court House on the Goth Of the
next month. We hope that all. who have
the interest Of their country at heart, will
be there, and consider, in all candor and
honesty, the views which may there b,
presented. s.
/ pJ" The time was, and that not Ion:
ago, that no northern man could be founc