Year: 1862

The general government was formed tC


secure to the people certain important OBJ.
jects. These objects. as expressed in the


preamble of the Constitution are ito form


a more perfect union, establish Justice, in


sure domestic tranquility, provide for the


common defense, promote the general vel


fare. and Secure the blessings Of liberty to


ourselves and our posterity.


Il was obviously the intention Of the fra


mers of the Constitution to invest the gov


ernEent with powers adequate for the


at-4nmeRt of the objects thus expressed.
Have they done II? ---zs--7H-


The Constitution when adopted establish
ed an Independent government. ore of limi-
ted powers it is true, but nevertheless as
perfect and independent a government as
the same would have been had it been es-
tabiished prior t. the adoption of any State
Constitution. The fact of most Of the
police powers being left to the exercise of
the State government does net at all quail
fy the existence or authority of the Fed
eral government, within the limits prescri-
bed to it by the Constitution. 1t is pro-
vided thereby. that the Constitution and
the laws of the United States which shall
be made in pursuance thereof. and all trea-
ties made, or which shall be made, under
the authority of the United States, shall
De the supreme law Of the land, &c.


The general government was. then, es-
tablished and invested with certain pow
ers, however limited, as 4 complete govern
ment; and to the extent of its powers, as
thus limited and fixed by the Constitution,
the government is the supreme authority oI
the land, throughout the territorial limits
Of the United States.


The Constitution c0nlcrs with the ex-
press powers of the general government
those necessary aud proper for carrying
them Into execution, rs incidental to the
express powers.


Among the express powers are those to
declare war, to raise and support armies,
to provide and maintain q navy, to call
forth the militia to execute the laws of the
Union, suppress iusurrection and repel in
vasion; to declare the punishment Of trea-
son, Sc, &c


The President Is, by the Constitution,
made Commander-in-C Of the army
and navy of the United States and of the
militia of the several States when called
into the actual service OF the United States,
and his official oath as therein prescribed,
requires him to faithfully execute the Office
OF Il President, and to the best of his abill-
ty preserve, protect, and defend the Con-
of the United States; and he is
required to take care that the laws be
executed.


To say nothing. therefore, of the right of
self-pIotcclion necessarily inherent in and
belonging to government as well as to a
person, the Constitution vests and pow
cr and imposes the duty upon the general
government to suppress instructions and
repel iuyasiOns.


The general government, then, has the
right to suppress the present instruction
by the most extreme measures and means
at its cOmmand-by military and naval
strength Of the government Yet it docs
not follow that the government is required
to make use of the most extreme measures
by the supreme powers with
which it is invested. The greater includes
the less; and it is reasonably expected that
the government WILL in its discretion, ex-
ercise its powers to such an extent and IN
such manner as for the best interests OF
al; and. in strict regard to the ConstItu-
ton, successfully terminate and suppress
the instruction: and restore peace and
at the least practicable sacrInce
IF the treasure and lives of the people
especially of the true aud loyal subjects oil
he government. 1t Is for Congress, by
legislative action, to signify the extent OF
'orce and the measures to be used W heth-
II it shall be only by the use OF military
'orce, Congress must, in its discretion de-
ermine. In the absence of any restriction
# the military power, or auxiliary leglsla-
ion by Congress, it is obviously the duty
# the executive to suppress the lnsurrec-
ion by force Of arms


Government asserted these powers and |
xercised them just as here indicated, for