The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1863-05-07

from installing himself at Washington p
Because we may disapprove Of the removal
of General Mcclellan, shall re do what We
can to paralyze the arm Of his successor
But itmay be asked again, how can we
support an Administration which adopts
measures that we deem unconstitutional I
should certainly be very untsithfnl pupi
Of the political school in which was train.
ed, II could ever hear the sacred name o
the Constitution justly invoked. without
respect, or yield to it anything less than i'm
plicit obedience. 1t is, however, as grea
an error TO appeal to II where II does not
apply, As to disregard il where ii does and
| must say that the study Of our politica
history ought to teach us caution in this re.
spect; for from the formation of the Govern
ment in 1889, to the present day, there has
not been an impc c,tant controverted measur.
no, not one-.which its party opponents
have not denounced as unconstitutional. -
1t is one Of the doctrines Of the seeding
school, that the Government Of the United
States could not constitutionally wage war
against sovereign State. But how if the
sovereign State strikes the first blow, fires
on your vessels, bombards and captures
your forts, threatens your Capital and in.
vades the loyal members Of the Union who
refuse to join in the war Of aggression ? Few
suppose, win doubt that the United States
may constitutionally wage war of self.de.
fense against any enemy-domestic or for
eign. But in waging this war Of self.de.
fense we can not, in the opinion of some
persons with whom have usually acted,
and whose judgment I greatly respect, 60
beyond the powers specially granted by the
Constitution to the General Government,
for the purposes of ordinary administration
in time ofpeace. This seems, to noe, to
rest on misconception ofthe authority IN
der which war is waged. The Constitution
author izes Congress to declare war, to raise
and support armies, and to provide and
maintain navy, and clothes the President
with the power of commander in-chief It
goes no further. It prescribes nothing as
to the enemy against whom, the measures
by which, nor the ends for which. the war
may be carried on. It gives no more pow
er to wage war with a foreign State than
with domestic State and it is as silent on
the subject of blockading the ports, as Of
seizing the cotton or of emancipating the
slaves of a district in rebellion. The rights
of war belong the moro comprehensive, in
some respects the higher, code of interna-
tional law, to which, not the Government Of
the United States alone, but all civilized
governments are amenable. BY this august
code. all unjust wars are forbidden, and all
unjust modes of waging just wars, no mat.
ter Who may be the enemy or what the pre-
text; while by the same code, all just wars,
and eminently all wars of self defense, and
all warlike measures sanctioned by our
Christian civilization are permitted, unless
so far as they may bcexpressIy prohibited
by the municipal law of our own country.
Now, to say that no just war can be wag
ed against any but foreign power is SIM
pie begging the question. I cannot con-
eeive q proposition more extravagant than
that provocation the most offensive, and
acts of aggression the most intolerable,
which would, ~ every sane mans judg-
ment, authorize instant hostilities against
foregin State, must be tamely borne if CON-
mittsd under the pretended authority Of 4
State associated with others in a federal un
ion. Certainly, If any St.tc connected
with the British Government, by whateyer
relation, whether that Of constitutional un-
ion, as Scotland or ireland, or responsible
colonial government, like the Anglo Ameri-
can provinces, or some more absolute form
of political independence, had, after years
Of preparation. public and private, the or
ganization and training Of troops, and the
purchase ofarms, snd. eventually, by more
definite military measures, such as the con.
struotion aud armament Of forts and the
concentration Of ofsoldiers, and, finally, by
overt acts (firing upon provision ships sent
to supply the imperial garrisons, the bonn
bardment Of the national forts, and the cap
ture fthe troops by which they are held
the seizure Of arsenals, mints, custom
houses, navy yards and reysnue cutters,)
levied actual war against the Central Coy
srpqsnt, any person who SHOULD deny the
authority Of that Government, by every
means which the law Of nations permits, to
wage war, not only nntil the outrage was
an6 effectusl security obtained
that it would never be repeated. would,
in any country but this, be deemed a drive-
Ter.
Even il It were true that the Consti tuition
required different mode of carrying on
war in the cases OF a foreign and domestic
,nemy, which it certainly does not, the
people Of the seeding States not claim to
le Foreigners but We are compelled by the
magnitude of the forces engaged. and by
he course of the great maratime powers in
recognizing them as beligcrents, to regard
hem ourselves in that lght Instead of
them as trai tors and rebels when
hey fall into our hands. as the municipal
aw would warrant US in doing, we treat
hem Of necessity as alien enemies Prison.
rs arc exchanged and paroled, flags Of
ruce sent and received and they enjoy in
II respects the privileges, and are subject to