Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-09-11
THE KNOXVILLE WHIG
From the New York Tribune.
The Issue Between the President and
the People.

tuC CVplCs
The worst deeds-acts Of the most fatal couse-
quences-are often committed in the holest name
James Buchanan acted on the principle that IL ono
portion Of the Union secedes the other portion he,
no right of coercion; and be appealed ia proof g.
the object Of the peoples veneration-the Federal
Constitution. Had the people followed bis lead the
South would have had her 1wn way. She would
have enforced her claim TO take her property in
Guiding her slave property, into any part cf the
United States and TO use It there. The American
Union would have become Slave Empire. The
great experiment Of selfgovernment in North
America would have proved a failure But the
people, whose common sense is too strong for fine
drawn sophistry, said ave have g right 10 pre-
serve our Union; peaceabiy if we can, forcibly if
we must" They went 10 war; in spite of Buchan-
ans constitutional argument. Senator Andrew
johnson sustained and justified the war. he was
very wrong then, or else he is very wrong now. If
justfable as not in violation of the Consti-
tuition, also its necessary incidents But the
present state Of things in the South and the provs
ions enacted by Congress for its regulation ara in
the strctest sense, incidents TO the late civil wa
Mf johnson declared it TO be his duty, under his
cath Of office, 10 veto these provisions; and ever
since bis veto was overruled he has done what one
man may TO defeat their operation. The reason he
gives is that they violate the Constitution. That
reason would be sound If the people Of the South
ern States bad never levied war against the Gov
ernmenb and never by that act, become public en-
emies
But war gives new rights. War imposes new
duties. War annuls all previous treaties eonven-
tons, agreements, how solemn soever. The rights
which these secured during peace lost when war
is waged, TO those who levy IT, The ordinary rights
OF war alone remain; and these, during civil war
like ours, do not include protection under Consti-
tuition which 1t was the objec. Of thore who com
menced that war 10 destroy. By our Constitution
the home and effects Of the citizen are inviolate
except after warrant issued, upon probable cause
uudp oath Al.
Does this apply 20 the house Of rebel in an insur-
rectionary State The Constitution declares that
the citizen shall not be deprived Of life liberty or
property, without due process of law. But what
process OF law did We serve the Confederates at
Antietam or Gettysburg before We opened battery
on their ranks7 Waat process of law preceded the
confinement OF our prisoners Of war, OF our appro-
priRtion of the eneuays ammunition OF commissary
stores The Constitution is admirable in its place
but It does not embrace all subjects. 1t has art-
Gle treating of the rights Of war. Its trainers well
knew that the nation might engage in war foreign
or civil but they knew, also that for luch aconsin
geneg thare sare ru}es frzesied outzd6of fhe Con-
stitution. They knew that We we're not only na-
ton whose organic law was embodied ia a written
Constitution, bus also one Of The society Of civilized
nations the laws governing which springs from the
common consent and usage of that society They
knew that we were bound BY these laws, but they
did not think II necessary CT proper TO insert them
in the Constitution.
Mr.. johnson alleges, in justification OF the exer-
tlons he has made and is making to defeat the will
Of Congress that the constitutional rights of South
citizens, suspended only during war, revive as
soon as the enomy lays down his arms. That is bad
law. A treaty or any other compact, made during
peace and Cancelled Sy war; does not revive with the
cessation Of hostities. The matter is then open
% negotiation as If no treaty or compact had been
made. A treaty in the same words, or with differ
eat conditions, may be entered into; but this de-
pends on the concurrence of the parties who may
contract It Ayails therefore nothing TO tells US
that the Constitution provides thEt each State shall
be represented in the Lower House, that no State
shall, without It's consent be deprived OF Its equal
suffrage in the Senate; and that inasmuch as Con-
gress wthholds from the ex-insurrectionary States
representation in the House and the Senate the
Constitution suffers violation. It suffers violation
lust much il did during the rebellion when the
enemy deprived Of his life, liberty, and proper
ty without due process Of civil law Just as much,
and no more The incidents Of war do not cease as
soon as the sword is sheRthed, A Just war is wRged,
not for the purpose Of destruction but of security
The war over, important duties press upon the
victor Every pubioiss Of repute has set forth
what common sense sugcestsl that victorious ma
tion ought 20 protect itself, not only against imme
date but against prospective danger. Vsttel says:
When a conqueror hiss subdued a hostile nation
he may, II prudence so require, render her incapa
bic Of doing mischief with the same ease in future.
II the safety Of the State lies at stake, our
precaution and foresight cannot be extended too far
Must we delay 10 avert our ruin ill Il has become
inevitable2 An injury gives q right 20
provide for our future safety by depriving the unjust
sggressor Of tho means Of injuring US"
If these words stood in the Constitution would
Mr.. johnson assert that Congress had overstspped
ts duty that il had no right 70 provide for the fu
ture safety Of the nation "by deprving the unjust
aggressor Of the means Of injurng us y But is the
right less clear the duty less imperative because
these are set forth in the Law OF Nations and not
IN our organic law Does patriotism, according to
Mr.. Johnson consist in ignoring International law2
The Constitution, the whole Constitution" that is
well but nothing but the Constitution" is that
the Presidential doctrine II is related, as our
readers may remember of certain Moslem Van
dAl conqueror Of Alexandria, that when the fate Of
ita celebrated library referred 70 him, he con-
signed ID 40 the AaEaos doeisaiAae
writings sgree with the Koran they useless and
need not be preserved; II they disagree, they are
pernicious and ought TO be destroyed Are the
pages Of Grotius and Vattel good for nothing bet
ter than 10 be used fuel 20 heat the baths Of the
White House Is President johnson, in the Nine
toepth century but as far advanced in hberaity Of
sentiment as CalpA Omar was in the Seventh. At
all events we consider his position to-day less ten
able than that Of Buchanan in 1890. Buchanan
appealed 70 the Constitution against what he fore
saw would be a terrible war marked with incalcu-
liable bloodshod 20 be followed by sectional heart
burnines after its close The war is fought through
there are half million cf dead; three thousand
millions are expended johnson, approving the
sacrifices which the nation has made sets himself 10
render her past sacrifices futile and unsvalng, 70
defeat the efforts of her prudence and foresight TO
crcumvent her endesvors 70 provide FOR her future
Nsfoty. be thiEks we have a right to destroy, but
no. 70 save right 10 fight the battle bat no right
~ "a NQre the best fruits Of victory
TIN " be, hovever-let Us put upon the Presi-
aents wa rfare against Congress the fnost charitable
ir,sv,retat 'on we can't nav BE- thss - enbroves
49, akiset Of the Reconst-acton .cts 5e.;-ars Il -
a. So,sh deprived Of power 70 iuin5e =. :; ,bs a.
,rSs mi thai be disapproves the napnFr :, ,sh;sb
tSis Ia done Unoer tkisI the nost favorah1s ,,
s;.sor how stands tn case The people tb-6lss
tbs;- Ranreseptatives, have decided that 10 49,.
tbc nublie safety reconstruction shall be effected 4,
one ,vav, the President Is determined il shall be
brourht about in another. Who has a right 70 de-
oide8Andrew johnson or the people they who
fought The battle and have % pay the score, or .
man, nevFr voted for nc President whom the peo-
pie neithnr love nor trust
The issue be il remarked, Is not whether the plan
Of reconstruction devised by the people through
their representative and passed By overwhelming
maioriiies is the best and wisest that could have
been contrived The real issue Is much simpler
than this II turns or the question who had right
10 devise and TO pass il Who had right 70 judge
how carefully guarded It should be how stringent
should be lis several enactments2 There is but one
answer possible 10 these questions And, for that
reason there be but solution Of the present
aificulties We do not want a king here, nor any
one srrogating more than kingly authority. We
intend that our laws when passed by the legislative
authority, shall be executed by our Chief Nagis-
fAte, not feebly, careessly pr0testngy bat faith-