The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-12

power to declare war expressly devolvins upon Con-
gress s a power looking 10 war as be
The authority Ia protect tho United States BY means OF
orce aga INST invasion power given TO Congress for
looking TO the character OF the government that such
the Limitation Of the power conferred upon Congress
That doubt would be removed when find that there
In another part OF the same section provision which
looks v the carrying on Of snch the ono In
which Ne have been engaged The language OF that sec
ton y the clause succeeding the clause giving autho.
riy 10 veclsre war and raise an army aud navy IL IL
the provision for calling out the militia 70 execute the
laws OF the United States and suppress instruction
was not therefore, by OF the power conferred
upon Congress aud the power 70 make that declaration
e6ectux, that nsurrections Amoag ourselves domestic
troubles among ourselves were 70 BE- SUPPRESSED The
hrst that We might DO involved with foreign
nations and. secondly that might be involved In do
nestle troubles For the ono, they conferred upon Con
grcss the power strictly speaking for the other 70
suppress instructions not by means OF the power
but by means Of police power, given 20 Congress n
could be exercised any conquest In the proper sense OF
that term not power under which there Vas 10 be
"a amns 10 o. S'
upon Congress the authority TO destroy the States.
Every ucmber of the Senate. who Is familiar with
the proceedings Of the Constitutional Convention viii
member thst when II vas suggested that Congres should
have the authority 70 make war against te states
= ass 70 INC py s ana
fer 10 the debates In which they ee given They both
denied that far the convention had proceeded at that
proi.s.sa sssinss tho proprssy q giving ssy such
s .s "a IL sGs e. HSEs' pro-
professeto have been s object IN the preamble OF the
c0nstitutlon-one or perpetuity, TINT Is TO say gov.
eminent for the security Of the liberty Of them
an extraordinary anomaly, one which would have
justly deprived them OF the estimation In which they
government designed to be perpetual, yet clothed with
the power To destroy ITSELF The section Of the constitu
ton to which have referred designed to preserve
the government II sssailed by foreign foe or domestic
treason The proposition Il clear said Mr. johnson,
that would not have deemed necessary 70 cite author
tiles prove IT, bu, that perhaps the observations OF Mr.
Howe might induce the public " suppose that there Is
thory In the contribution to carry against States
The question has been before the Supreme Court In
the cases whore the opinion has been very much
relied upon for the purpose OF maintaining in
part the doctrine for which tho senator from
Wisconsin contends-I mean the prize case: Mr..
Justice Graham, In delivering the opinion Of the Court,
uses this aDguage;-''By tho constitution alone Con
has the power TO declare national foreign war
II cannot declare against state any number OF
States by virtue clause In the constitution The
constitution confers the President the whole
tive power He IL bound TO take that the laws
faithfully executed. He IL Commander nChict Of tho
army and oi the United States and Of the militia
Of the several States when called into actual service
But he has power to initiate declare against
foreign nation domestic statcn Here Is an express
denial OF the power authority Of Congress the
President TO carry on war against the states
The language is plain:--'It cannot, says the
work I read from. ''declarc war against q
State, or any number Of States by virtue
OF any clause in the constitution: - and the same
ocuipe T. held by the minority Of the court IN the
opinion delivered by Mr.. Justice Nelson, that have
the unanimous opinion Of tho Supreme Court Of the
United States that domestic trouble and instruction
and refusal 10 obey the constitution OF the United States
10 execute It's laws 10 interpose obstacles against
the execution OF the law Is not state Of things which
authorizes Congress 10 declare against the States IN
which such instruction exists II 70 not condition Of
things In which the President has any power carry
by virtue Of the power bat on the contrary
a n
virtue OF the police power which Congress authorize
10 be used II thinks proper, by calling oat the ns
and using the army and navy to suppress the
Instruction II would follow thai when
the nsurrecfon suppressed tho contingency "
the power conferred Congress by force suppress in
surrecuon 10 POWER Tn war against state In which
there " ina'rrccton II absurdlty. Tbs design q
the authority looked cycnsi vey 20 the existence
crgsncy 60 nne,s which devoved upon Congress
The nsur~etn exists and u rs the duty OF Congress 10
provide means by which The authority OF the govern
mont be maintained II IA tbe province therefore.
TO give the President Of The United states the
BY which thu gcyernncnt VI the United states can he
force thar police force sfcr the insurrecton ~ sup
pressed than there 70 10 carry IL before the
insurrection commences Thru tsm righi, aud there
senator fro Wsccrsn can be coniroyered, IL h rcpu-
dated By lhc po.ye provisions o. Ia, constuion and
the ioclsonL u he Supreme Court Bot is aid that
sltho1gh there authority 10 carry tlce hos
tlities for Ms purpose OF rx'erminoDs the States IN
which the ssnuecton existed the conduct u the citi
States s slich at MI end Al an end how, Al an
emf because fey decided ~ take bei States out o he
Union A. On end because We have right nov by yr.
tue u Congress which We had moi before The states
ceased exst by tbs conduct " their citizens;
wha, ccnduc and when thew passed ord,nspces II secs
sion had tbrse ordinance any legal Operu onr Di hcy
take thu States out OF the tnions ND they disiv. the
connection In any form which existed a. between these
States Of the mon BY virtue Of the Constitution Fheg
are oui s3ysthe honorable senator from Wlsconrin be
cause they determined 10 20 out They oui because
they , dlsleyal although tbs Instruction hs. cen
ysnquish-d Well, ~ shsy out why v thai the re-
cult and whsi have they doncf II the ordinsnra q
secession werr void they could not have done anything
II The citizens 81 the southern States had no night 10 ~
disOyal, thar Conduct amounts a. nOtug for Ipsith
standing the ordinances, the states much ia
the Union the dsy siter they passed the day b.
fore they were pssp After the ordinance ed
and the bcing on these otizcDr had
right w BE- dsoyh han Dcigrc the war Then they Hrc
ils much IN the Union n0w ~ before The vpt WI
any member VI ths SENATE scrionsy maintain thr tho
ordinance 81 secession hid any ciscp IL any m,ti
Der does 10 maintain he sdfnils thai the var
on our part was great crime Then Ne ar"
traitors ~ tho obligations which ~ the ronattu
ton Those who have exercised the rght ~ lccos
separated themselves from bat, mold as
everyona holGs-tho consultation roufcr no right OF
separation bot imposes obi sstions upon every czen Of
every state Then the ordinance "a accrlDp va fimpy
Old, absolutely v-id ba' ng No NOV enci N ermin1
states and the InDn than II they hsf been ia ati ~
The people octside OF le lmU 81 The Union. d The o.
dinsncs- ~ had not that e'ct. by~ % Int
that y h. be prouc I'd BY the coudGct % individual
citnus II not every man wbo has orcn snxsfod w
that nsurrcction, ana who atteuptsd 20 epfn@ nnd
aintAn nv iOrro of traitor "a the rorsiiuilnn,
Nhcticr be may be purse aicf iOi ulon, uDder eur
cufrstaBcrr wsk have existed since D. question which
DO prOposr 70 hut itking only 10 TIC
single fact that D. has been party 20 sa intufrrctns
ana has enaeavoftd b. srppyrt ny fnrue ~ arrn-,
apyrc1end there member Of The ~ensi" WIN VIII
for moment 1ueet0a the right t1r 90 ernmrnt 10
prosecute him ior treason NJ Johnson next showed
that acts VI aODgr and pfossoatons tbe caisteno-
~ Tho sou thern states Ssir h1s been repeatedly
recognized by the government of the ntsd states
EnCs the commencement 0i tie war He heid
that The fGpcious Of ri1ie government mirht tor
a time ~ suspended, bot The state could not
he destroyed lie quoted in support 81 tlis theory
the Gaze ~ the town pi Castine q sespor ia Maine,
when captured by the Brush IN 1914. and renamed
more than onfhA IN their pcssgion subject 10
their Jurisdiction together 9th much u The adjacent
territory The condition u this town during tts Br,h
occupation similar "a thai OF the soufbsrn states
duribr the vsr
AZ the conrlupipn ~ Mr. Sehnson's remarks Hr Hors
the door and motion the senate adjourned