Year: 1862

most liable, as well the free as the enslaved, to
forget their duties and to trample upon the
rights and liberties of others"-2 Story on the
Constitution, sec. l 1884.


In the case of Fletcher VS.. Peck, the construc-
ton sf the clause Of the Constitution forbidding
the enactment of bills of attainder was not neces-
Sarily drawn into consideration; and yet its dis
cussion was not impertinent or irrelevant and what
was said by the court can hardly be considered as
loose dicta. The case was.carefully and well con-
sidered, and the decision had the approval of all
the judges; and therefore quote, as authority
entitled to very great weight, what was said by
Chief Justice Marshal in delivering the opinion of
the court:


"a bill OF attainder may affect the life of an
individual. or may confscate his property, or may
do both. In this form the power of the Legisla
ture over the lives and fortunes of individuals is
expressly restrained"


In what form? Why, sir, in the form of law
by which individual may be deprived of either
life or property without judicial investigation and
decision.


trust it will be understood that l am speaking
of the powers of Congress, and not of the
powers of the army and its commanders.
trust will not be understood as advocating
the novel doctrine, first suggested by my col
league and repeated by the Senator from Ohio
(Mr, Wade) of empanneling juries upon the bat
teheldto try armed enemies before firing upon
them.


The war powers of the Government to deal
with the rebellion, with the rebels, and with the
property of the rebels ! admit to the fullest ex-
tent that is allowed by the laws of war


But the power of the Government to be
welded by the President and the Generals in the
field is not despotic, caprcious and irresponsible
power, my friend the honorable Senator from
Ohio Mr.. Sherman seems to have understood
"a =.
IN subordination of the Constitution and the laws
recognized by the Constitution as any civil func-
ton of the Government whatever.


All the argument made on a former occasion,
and all | have made now, has been intended TO
point the distinction between what may be done
by the civil authorities in the punishment of the
violators of municipal law, and what maybe done
by the military power in subduing and furnishing
public enemies at war with the Government. The
one is to be by due process of law, in obedience
to the constitutional requirements the other is to
be equally in obedience TO the Constitution, and
in conformity to law. but different law differ
emily administered by different department of
the Government.


AN ELOQUENT PERoRATIoN.


Mr.. President, the annals of past ages fur
nish no instance of such patriotic devotion TO a
Government as has been exhibited by the people
of the loyal States of the Union. Armies of un-
exampled magnitude, and at unexampled sacri-
fee of individual interests and the comforts and
enjoyments of private life, sprung into existence
when danger threatened the country, as if at the
call of the Deity. No conscriptions, no forced
enlistmenis; but by the impulse of devotion to
the country, veneration for the Constitution of
our fathers and love for the institutions of our
fathers, thousands and tens of thousands and
hundreds Of thousands voluntarily abandoned the
quiet, peaceful and happy scenes of home, and
rushed to the stormy fields of war, to vie with
each other in doing and dying for their country.
Hilltop and valley, field and forest, mountain
peak and mountain gorge, quiet village and city
full, have all, if by one impulse, sent forth
their armed men to swell the nations force; and,
when the ranks have been thinned by the breath
of pestilence and disease and the storm and tenn
pest cf battle other eager hearts and strong arms
have crowded to the camp to fill the melancholy
chasms. My own State, glorious Illinois-I do
not claim more than others, but equally wifi
any other-has furnished her full share OF gal
liant men, and borne her full share of these great
sacrifices. The valor of her sons has been vindi-
Gated upon every bloody battlefield of the West
Frederckstown and Belmont and Forts Henry
and DonelsOn and Pittsburg Landing have been
consecrated to history and made classic ground
by their deathless deeds of heroism. The bones
OF her glorious dead lie strewn wherever the foe
has been met, and her mutiated living are receiv-
ing homage in every city, village and neighbor-
hood. Every household has been turned to
household of mourning, and every heart has
quivered under the torture of grief.


And why, Mr.. President, all these sacrifices,
all this suffering and woe and anguish and death ?
Why are they so heroically, so sublimely met and
borne 7 To what end, and to what purposel /
answer, to uphold, maintain, Defend and pre-
serve, in all its integrity, perfect and uninjured
in every word and letter, whole and sound in all
its parts and provisions in its form, and in its es
sence, the venerated Constitution of our fathers.
This is the inspiration which sustains the heart
and nerves the arm of the nation, and gives to
the soldier, amid the horrors of war, his forti-
tude and endurance. The Constitution was as
sailed by traitors and rebels, and these gallant
men have come to its defence. While they are
doing battle for it in the field, let it go forth
that we are warning against it here, that we scoff
its principles and spurn its restraints, and usurp
any ana every power which the passion or preju-
dice of the hour NAV suggest as necessary to ac-
complish a wished for result, and the hope of the
country will die. the inspiration of the army will
be gone, the arms OF our brave, true hearted
soldiers become nerveles' and impotent, and this
great national struggle for national life will sink
into disgrdceful and disastrous failure.


Let US stand by the Constitution. Our only
safety is there only hope of triumph if there.
Let us not forget our obligations for its protec-
ton in the past, nor blast all just expectation of
continued protection in the future. Let US stand
by it in gratitude for the blessings it has hereto
fore secured to US, and in hope Of The blessings it
shall hereafter dispense to the unborn millions of
our race. Let prove to our brethren in arms
that we are, honestly and in good faith, co-opera
ting with them to maintain the Constitution with
all its salutary restraints, and to uphold Gov
ernment of laws, and resist the reign of licen-
tiousness and the confusion of anarchy which
will inevitably rush in upon us over the shattered
fragments of the Constitution, whenever we shall
have broken it down, and this wicked and stu
pendous rebellion will be subdued, the just and
full authority of the Government will be restored
and the flag of our fathers, the symbol of our
greatness and glory, viii again float with the
sent of all our people, with not stripe obterated,
not star obscured over every inch of territory
it heretofore protected.