The daily register. [volume] (Wheeling, W. Va.) 1863-1864, 1864-02-16
We may enact Of on this subject have any !, y Of

| we may enact on this subject have any Of
feet during the existence of this rebellion
beyond our military lines? If you can de-
rive the power to emancipate slaves from
the power to raise armies, it seems to me it
would be less stretch of the imagination
to suppose that the President possessed the
power when he has sworn to preserve,
protect and defend the Constitution.
In opposition to the authority Of the SEN
ator on this subject, that we derive any le-
gislative power from the laws Of war, will
quote the opinions of Mr.. John Quincy
Adams, In a speech made by him in New
York in 1889 in speaking of the powers Of
Government as divided between the differ
ent departments, he said: - - am -
"The legislative powers Of Congress are,
therefore, limited to specific grants con
tanned in the Constitution itself, and re-
stricted on one side by the power Of inter-
nal legislation within the separate States,
and on the other by the laws of nations,
otherwise and more properly called the
rights of war and peace, consisting Of all
the rules of intercourse between independr
ent nations. These
That is, the laws of war
"are not subject to the legislative authori-
ty of any one nation, and they are, there
fore, not included within thepowers of Con-
gress."
"All legislative powers herein granted
shall be vested in Congress of the United
States, which shall consist Of Senate and
House of Representatives"
Mr., Carlle then argued that Congress
must look to the Constitution alone for all
the power which it can rightfulIy exercise
as the legislative branch of the Govern J.
ment. and that to make war upon the States
as such is an unwarrantable and arbitrary
assumption of power. He said: ..
The whole scope and plan of the powers
of the Government, as ascertained by the
Constitution. is to operate upon individuals
and not from States. The Government of
the United States enforces obedience to its
Constitution and laws by exacting their
rigid observance from individuals and not
from States. You have no power under the
|
no power under the Constitution to use
force against State as such; but You are
confined in the employment of all the force
which belongs to you under the Constitn-
| ton to its assertion as against individuals
and not against States. This very propo
sition, to authorize the Government that
was about to be formed to use force against
State, was made in the Convention that
framed the Constitution of the United
States, and was postponed without dis
senting voice. In the plan Of Constitu.
tion and form of government submitted to
the Convention by Mr.. Randolph in the
shape of resolutions, the sixth resolution
contained grant of power "authoriz ng an
delinquent State" and when it came up
for consideration
"Mr Madison observed that the more he
reflected on the use of force, the more he
doubted the practcability, the justice, and
the efficacy of it, when applied to people
collectively and not individually. An union
of these States containing such an ingredl-
ent seemed to provide for its own destruc-
ton The use OF force againsta State would
inAiction of punishment; and would proba
blyibe considered by the party attacked as a
dissolution of all previous compacts by
which it might be bound. He hoped that
such a system would be framed as might
render this unnecessary, and moved that the
clause be postponed. This motion was
agreed to, mem con."-The Madison Papers,
col. 2, p. 7Gl.
Here then, we have the authority which
is claimed by the Senator from Ohio denied
in the Convention that framed the Consti
tuition, and the nature of that force and
against whom it is to be used clearly defined.
He then quoted as follows, from speech
delivered at the first session of the last
Congress, by Mr. Collamer, of Vermont:
"The great question before the world to
be now settled by US is, can we sustain the
integrity of our Government, and perpetu
ate our institutions, and do it according to
the limitations and provisions of the Con-
stitution2 That is what is to show that
our Constitution is competent to the trial,
and nothing short of that. II, when this
occasion arises, we are compelled to resort
to means which, in effect, are the means
used by stronger Governments, our expert
ment is failure. If We are constrained to
call up, invoke, and put in exercise in any
one department of the Governmental is
immaterial in what department of the Gov
ernment-more of power, more Of force
than the Constitution provides, or than is
limited by that Constitution-the moment
we do that, or are constrained from our sup
posed necessities to do it, we acknowledge
before the world that our institutions are
insufficiently founded, and that we are af.
ter all compelled, in the period of trial, to
resort to the force which, they say, is neces.
sary to the existence of q nation, and our
experiment is failure. We should, there.
fore, particularly in period like this, care.
fully study and sacredly regard all the lin.
itations and provisions Of the Constitution.
1t is vain and idle in us to war against q
part Of our people because they have made
war upon this Government, if we at the