The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1869-06-24

4
themselves to our perceptions and con-
sciousness, we know war and we know
peace. You know to-day that you are
under summer sun, and permit US to say
that you know as unerringly that to-day
this country Is in the condition of peace,
and not in a condition of war
The Attorney General manifestly con-
POUNDS the effects or consequences entailed
ON the country by past tcar with con-
dition of ,Car; things widely distinct; and
to bridge over the difficulties which lie
between his premises and his conclusion,
he employs phrase of which, so far as
We are informed, he is the inventor. He
sees that the present condition of things
Is not that of war, and he, therefore, calls
it by a new name, ''the grasp of war. y
Clearly the Attorney General, feeling the
stress Of the difficulty, and being as it
seems bound to reach a particular cOnclu-
sion, has invented a condition, which Is
not war, and which he cannot with safety
to his argument admit to be peace. he
speaks of peace for certain purposes,
while the Government holds the citizens
in the grasp of war" The Constitution
speaks of ''war" and "peace" as things
opposite. 1t does not speak Of any fanci-
full or artificial condition, nor of war powers
to be exerted to repair the consequences
the arrangements and ravages of war,
after the war has ceased. For these, there
are other appointed powers. The Consti-
tuition speaks of the conditions, and in one
place says: /" No soldier shall, in time
Of peace, be quartered in any house with
out the consent of the owner, nor in time
Of war, but in manner to be prescribed
by law. The term ''war" and the ex-
preston ''time of war" occur in other
parts of the Constitution, and they mean
the same thing wherever used. They
mean a condition of actual hostility and
fragrant war, and have no reference to
consequences or conditions left by a war
which has ceased. When, therefore,
Congress merely employs a power which
condition of war alone confers, we must
look outside of the provisions of the law TO
see whether the condition exists, because
the power does not grow out of the asser-
ton of it. If it did, it would be idle TO
speak Of the Constitution as defining or
limiting power. Looking at the condition
Of things around US, what are the indIca-
tons OF a condition of war? You are
soldiers, and ought to know what is
war" Are you making war on the peo-
pie of Mississippi? If you are making
war, you are making it without armies,
without powder and ball, without sword
and bayonet, and against friends and not
enemies The only sign Of war is this
Commission; and if YOU are making war,
it is in that way which is least relished by
the soldier; you are making war judicially.
The truth is-the fact is-the war was
finished four years ago. 1t has gone into
history. Itbelongs to the past. Its con-
clusion has been celebrated in every form,
and the nation has acknowledged it with
thanksgiving. We have had the scourge,
the blood and carnage, fire and sword, but
they have passed away. You cannot now
quarter soldiers on citizens without their
consent. You cannot make prisoners.
You cannot make captures by land or sea.
You have no war for these things; and
on the other hand, you have intercourse
re-established, without surveillance or re-
striction; the blockade is withdrawn
commerce has returned to its old channels;
the postal system, revenue system, and
judicial system, are all in full operation
here, without impeachment, and without a
single-arm lifted in resistance.
1t is a noticeable fact, that at this mo-
ment the Circuit Court of the United
States is in session on the soil of Missis-
! sippi, and employing the citizens of Mis-
sissippi as jurors, to try offences against
the laws of the United States, and thus
/ fixing, at this moment, the status of the
citizens of this State, as that of friends
and not enemies of the United States, and
the condition as that of peace and the
reign of the laws of peace. This con,
| dition of things existed when the Recon.
struction laws were passed. Now it is
said by the Attorney General, that wal
still exists for some purposes, and peace
has been recognized only for some pur
poses; bat we defy any one to show thai
war exists here for any purpose except fol
/ this Commission, and for denying the
right of trial by jury.
With reference to the question of peace
or war, is there any difference between the
/ State of Alabama and this State The
same constitution and laws of the United
| States have equal sway in both. The
same Judicial tribunals are open in both
The occupations of peace prevail in both
Yet the citizens Of both participated il
the rebellion. They had common trials
fought on the same battle-felds, and to
gether laid down their arms. Now with
Alabama, the war is a thing of the past
and Congress has not made a declaration
of peace there. The only difference con
sists in the fact that in Alabama, the PEG
pie have framed a constitution for them
selves, and the people of Mississippi arr
impatiently awaiting the opportunity t.
do so. Is it conceivable that this point o
difference makes condition of war in the
meaning of the Constitution
1t is to be regretted that the principa
law officer of the United States has placed
the Government in such an attitude before
the world. Four years have elapsed sine,
a war, waged to suppress a rebellion, wa
terminated by the suppression of that re
bellion- Three years have elapsed sine,
this fact was authoritatively proclaimed
during which time, no resistance has beer
offered, anywhere, to the authority of tn,
Government; and yet, under the condi
lions which we have accurately described
of peaceful relations, it is proclaimed, tina
a condition of war exists, for the sole pur
pose of Withholding from citizens the RICH
of trial by jury. The argument by which
this proposition is maintained, is, tina
Congress has the power to declare war anC
to make war, and consequently the power
to say when the war shall be ended. From
which it is to be implied that until ther,
shall be declaration announcing peace
by Congress- condition of war having
once existed, continues, even though
every peaceful relation may be restored
| Congress has never declared war agains
citizens in instruction. In the case O
the late rebellion, the Government pro
ceeded, as in other cases of instruction
to call out the Army and Navy, ON th'
| sole ground that the civil mower was mad