Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-02-11
The Czankee Prisoners ana then
Arrests.
Report of Hon. c.. c. Pope, IRON .he
Committee on FeoeTaI ah 1,h rSG3.

ronr Committee beg leave TO SUBMIT Tue ioiio"
ing h restitution of the United States proVdesi IN
.xrre 3 terms that Congress shall have pose ~
provide for calling forth the militia 70 nd repel
f-ws of the Union suppress insurrection a -
inYasions. Pursuant to such power eohIo ,aans had
Congress by the Constitution, anp.e cali forth
been made authorizing the PTesidtku ;nsnrrection
Tho militia to SUPPRESS the fornida0ie ihsa. IN
at the south and make sucn .Itt. mi othsrw;.a
regulations for enrolling l ~
putting tns al ,nho!y rebellion at the South,
1ne g nrogress assumed such great strength and
had IN us Pfot9nitIde that actual invasion the
aiarniiis g thre atened, and the Capitol of the
asto,, our liberties and national honor, it
bscame necessity for the President as Command
er.fu- Chief of the army and navy of the United
states and of the militia of the several states in the
exercise OF the aforesaid powers granted to him by
Congress, TO raise large additional force to fill
the decinate ed ranks of the Union army The loyal
states Of the patriotic north were appealed to for
the necessary aid, and the appeal was Iot made in
vain.
ward and oluntarily answered to the demands Of
the federal government, is worthy of the highest
commendation and the history of this glorious
uprising of the people will adorn the archives OF
the Republic to the latest generation. Never be-
fore aid the history OF the world furnish great
aud patriotic an example of the bravery and hero
ism of men, And we are proud TO say that the
State of Wise not behind her sister states
in her response TO the just ard necessary demands
of the government. Her sons left the happy fire.
sides, friends and all the human heart holds dear,
and rallied to the standard of the country todefend
the Constitution against a traitorous foe.
Bat our quota of troops was not entirely filed by
voluntary enlstsments, and recourse to conscrip-
ton or draft became necessary in some of
ties in order to respond fully TO the necessities OF
the government
Common Justice dictated that each county in the
state should comnen surate with its population,
bear an equal proportion in the prosecution OF the
war fer the Suppression of the great southern re-
beIlion. Each county in the state had, IN the
DAYS of our national prosperity and peace, shared
in the benefits of free goVernmsnti and when the
y.ry existence OF republican institutions, was
threatened by powerful, relentless and freasona-
lie enemy, common gratitude alone should have
stimua ed them to have contributed equally in the
prosecution OF the war the preservation OF the
Union.
But il ems that Nicholas Kemp and his fellow
uKisoners' we're OF a different opinion, and openly
offered armed resistance 70 the draft and the lawful
authority OF the government; and attempted by
force main tain such resistance TO the govern
ment. For these insurrec tionsry and treasoue bic
they were arrested and were until recently de-
tanned in custody OF the military authorities OF the
United States. OF strict Legality OF their
and subsequent detsntion, the majority of your
COMMITTEES entertain doubts. The President
clothed by Congress with ample authority to call
forth the militia and il he had authority to
force obedience the military power thus cons l.
tutionally delegated to him, arrest, de tain ant
punish offenders against the lawful exercise OF sue
authority, especially in insurrectionary districts,
then, indeed, our government is worse than fall
ure-it possesses the power of self preservation,
and to enforce obs dienee TO its authority. The
very idea OF government presupposes the right of
sovereignty, the right to enforce its lawful author
ity, and to punish cffe pders.
1t has been Urged That a loyal state Is lot SUBJ
iect to military authority, and that the privilege
of the writ of habeas corpus cannot lawfully be
pended therein. In connection with this let US ask
Il insurrection IS less objectonal in oisoyal dis
trct, coun ~ in loyal Ctate, than in disloyal
district, or county in a disioyal State We thin
not.
But while a majority of your committee are of
the opinion that the arrest and detention of the
persons to whom reference is made in saiG joint
resolution is lerfectly just and constitutions we
still think it but an act of justice and souni policy
upon the part of the government, to gram them a
trial speedily possible.
The ajudicial determi n atom of tDe Supreme
Court Of this State, in the matter the applica-
ton of Nicholas Kemp, for a writ of habeas corpus
does not warrant us in regarding the arrest and
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 fna and does not settle the question
that the arress and detention of these men is un
constitutional Chief Justice Dixon, in his opinion
published, uses the following language:
q have, however, this encouragement, that for
my errors there is d remedy, which, though Glow,
and sometimes embarrassed by State opposition, is
nevertheless such as Congress has seen fit - pro-
vide. And this consideration, that decision is
preliminary and not tindk-that merely prepare
the way for the dete rmination of the Court which
extended discussion of the Questions, which their
gravity and Importance would seem : o demand
We learn that this has been taken to the
Supreme Court Of the United States for fnal adju-
dication- We must therefore regard the determi-
nation Of Our Supreme Court not final, only pre-
imnary, and await the adjudication of that ssCourt
which alone settle the law " in the matter of
the application OF NICHOLAS Kemp Tor writ of hd-
6eds coypsls." And though this remedy may be
embarrassed by State opposition it is nevertheless
such as Congress has seen ut to PROVIDE
How then, we ask, Ii be claimed that it has
been judicially determin 1d' that the arrest OF
" Nicholas Kemp and his fellow prisoners" is un-
constitutional when our Supreme Court say
that they merely prepare the way for the determi-
nation of the Court which alone settle the
The passage of join resolution No. c, A, would be
explicit condemnation Of the acts of the admin
istration unconstitutional, an explicit justi-
hoation of the insurrectionary acts of the persons
mentioned in said resolutions 1t would be assert
ing the right of a State to declare act of Con-
gress, and the proceedings of the Executive of the
Nation as unconstitutional.
This we cannot admit. 1t is 10 part of the right
of any State in the Union TO decide corclusiveIy
that the Legislature Executive of the Nat on
have transcribed tn powers delegated to them by
the Constitution u is part of the riGHf any
state under the Constitution 10 assud nv
department of the General Governments Mo
lated the Constitution, and refuse OBEDIENCE the
laws and resist their execution by open insurrec-
ton. The Constitution has wisely provided that
the judicial power shall extend ali cases arising
under the Constitution and laws OF the United
States.
Whether the General Government has OF has OF
violated the Constitution, is a question which can
alone be finally determined by the United States
Supreme Court. Whether the Government of the
Union has exceeded the powers delegated to it. and
encroached upon the reserved rights of States, is
question to be fually settled by the adjudicatous
of that Court. The people haze fit to delegate
this power to the General Government, and il is cur
duty to support and maintain the supremacy of the
If we should deny this power of the General Coy
ernment, under the Constitution, decide the ex-
tent Of its own powers what to do in ease OF
a conflict OF opinions between the General Govern
meut and State Government If there is no
of final resort in such case provided for bv
the constitution, how is such case of copf;atipr
jurisdiction TO be decided A culinary and ter
rible answer may be found in the unboIy rebellion
that is now raging at the South, against the cous-
tuition Of our country. And with this fearful an
before them, we indulge in the belief tina (
the loyal people of Wisconsin will pause long be-
fore they will approve either expressly or by inp-
cation, the dangerous principles Of indeed they can
be digEihed by such nancy which underlie the
present rebellion.
The trainers of our national Constitution nevsr
designed that there should be any &C nict between
the United States Government and the Govern
ments Of the various States, which could nor be
settled in constitutional manner, by the ~ icial
this trust the Federal judiciary, the history of
the nation has amply proven. The people, when
they -ati6ed the Constitution, never dreamed that
they were approving an instrument which provided
fer its destruction. The rightly supposed. by
its adoption, tf at they had formed a more perfect
union-had established justise-insured domestic
tranquility; had provided for the common defense ::
promoted the general welfare, and had secured to
themselves and their Rosterity the blessings Of lib
erty aud = tree Constitutional Government. They
Gid not suppose that they had established mere
rope q sand 70 be swept awsy by the first breath
of ioeal discomfort.
BY the Constitution, certain express powers were
wisely conferred 70 the General Government. In
the exercise OF these powers, delegated 10 II by
he pecpic, that Cover =