Mr. WILSON, of Iowa. to concludemy remarks., Mr. Speaker, I assert that the only office of that clause in the Constitution which says that Congress shall have power to declare war, is to determine what particular Dept of the Government sha l discharge the high duty of determining when the nation shall assert its rights through the terrible engineries of war; and that if the Constitution said not a word about declaring war, raising armies, and providing a navy, the nation would possess the power to do all those things as corn letely as it now does. The nation could not ive without these powers. They vest in it simultane ously with its organization. They are a part of its being, and depend not upon any phrases in the Constitution. These clauses being in the Constitution prevent conflicts between the several Depts of the Government as to which particular Dept shall exercise these inherent powers of Government. They do this and nothing more. Thus it will be perceived that the delegation of the war power to Congress does not militate against the exercise of the power in the absence of such delegation. The power exists without this dele gation and the Constitution provides a legislative Dept and an executive Dept throng which it maybe fully exercise, and determines no question concerning it other than that which names one of these 2 Depts to fix the time when the power shall be called into action. When we call this power into action we do, in pursuance of the laws ofuwar, summarily and by force, those things which in time of peace are done in obedience to civil law as administered by the courts. For nearly 5 years we have been exercising I prefer at present these powers for the preservation of the life of the Republic, the enforcement of our laws, and the protection of the rights of our citizens within our ourn jurisdiction. We are still exercising I them, although armed resistance to our authority has cease, and in s fineof the assertion that the rebel States "still ire” as States. Some of the acts which are now being done by virtue of this great power may be gathered from the following orders which are enforced today by military direction, namely: [General Orders, NO. 9.] HEADQUARTERS DEPT or Lovisi/iiu, NewOrleans, LOUISIANA, January 28.1866. The following General Order from the War Dept is republished for the information and guidance of all concerned: [General Orders.No. 3.] “ha DEPT, Anni ram Gl ZNERALSOrr icn, WASHINGTON, Jamlarylll, 1866. To protect poisons against improper civil suits and penalties in late rebellious States: Military division and Dept commanders, whosecommandsembraceor are composedof any of the late rebellious States and who have not already doneso. will at once issue and enforceorders protecting from prosecution or suits in the State or muni cipul courts of such State. all officers and soldiers of thenrmiosoftho U.S. andall personsthercto attached or in iinywise thereto belonging, subject to military authority, chargedWith oliciiseslurnclsdone in their military capacity or pursuant to ordersfrom propermilitary authority: and to protect from suit or prosecution nll loyal citizens or persons charged with odeiises done against the rebel forces, directly or indirectly, during the existence of the rebellion; and all persons, their agentsand employees, charged with the occupancy of abandoned and s or plantutions, or the possessionor custody of any kind of property whatcver, who occupied, used. possessed or controlled the some pursunnt to the order of the President or any of t. O civil or uiilita Deptsof the Government and to protoctt cm from any penalties or damagesthat may have beenor may be pronouncedor adjudged in said courts in any of such cases; and also protecting colored personsfrom prosecutionsin anyofsaid Stutes chargedwith offenses for which white persons are not prosecuted or punished in the some manner and degree. By commandof Lieutenant GenlGrant: E. D. TOWNSEND, Autolanl Adjutant General. I. All prosecutionsand suits embracedin the fore going order, pending in any court not of Federiilju risdiction. within the limitsof Lhiseommand.will at once be discontinued and set aside and the records, proccss. pleadings. orders. decrees.judgments, and all papers relnting to thesamo. forwarded to these head uarters for safe keeping. 2. Wlicncver it shall appear that any suit or proceedingof the character mentioned is pending in a State court. in violation of this order, district commanders are authorized and required to give and enforce such orders as may be necessary and proper, reporting their action in each case, and the reason therefor.to these headquarters; but they areenjoined to take this action in a discreetand orderly manner, and with duerespectto the judicial authorities before whom such casesare pending. By order of Maior General E. R. S. Canby: WYCKHIAM HOFFMAN, Anulmu Aibulunl General. Oficial: Acti nNgATHANIEL BURBANK, Aniatant Ail/utanl General. Wu; Darinruiisr, Buxsw or Barnum is. Fannimizx, and ABANDONEDLasns. WASHINGTON.November27.1865. scGhoroal mtaxs, inAsetihrceuslaursp2c7nfrsoiomnoyfothuer coofllilcecc,tion of the will work unjustly toward thosewhohave paid their assessment, and us the bureau hasno authority to revoke General OrdersNo. 38.seriesof 1864h.eadquartersDept of the Gulf. Circular from the otheeof the asst commissioner for the State of Louisiana is disap proved and the school tax. as instituted in genera Orders NO. 38, will be collected. the schools must:0 on. SeeGeneral Cunby and securehis assistance: and consult with him on subject of tax that the freedmen are willing to have imposedon themselves. By order of Major General OJO. Howard: MAX wOODHULL, Coloneland AurotantAil/um at General. O.flicial copy:, MAX WOODHULL, Auuluut Adjutant General. Official: A. F. HAYDEN. (liptain and Auinhmt Adjourn! General. BrnaovneetrM, latCjo"rNGewenOerrlaelaAn.s.LBoauuimsia. nAas.sistant Gamma} Here we have a practical exemplification of the war power in the accomplishment within our own jurisdiction, for the protection of our citizens, of some of the very things which this bill proposes to secure through the powerful operations of the courts. By these orders, “State laws, ” “State courts, " municipal ordinances and courts, are crushed and pushed out of the way to make room for the perfect enjoyment by the citizen of a portion of his rights. Taxes are levied and enforced, actions are discontinued, records removed, decrees and judgments of courts suspended and annulled, and everything done to make the summary remedy provided by military law swift, sure, and complete. These orders go far beyond the provisions of this bill, and yet who will question the authority of the Lieutenant generaland his subordinates to issue and enforce them? These things are done by apower which must be subordinate to the civil nuthoritydone in the presence of war, actual ortheorctical. Many of the things in these orders provided, as I have remarked, go far beyond the scope ofihis bill, but are directed to the same end, the protection of the citizen. Cannot this protection be rendered in the mode prescribed by the measure we now have under consideration? If not, a perpetual state of constructive war would be a great blessing to very many American citizens. If a suspension of martial law and a restoration of the ordinary forms of civil law are to result in asubjection of our people to the outrages under the operation of State laws and municipal ordinances which these orders now prevent, then it were better to continue the present state of affairs forever. But such is not the case; we may provide by law for the same ample protection through the civil courts that now depends on the orders of our military commanders; and I will never consent to any other construction of our Constitution, for that would be the elevation of the military above the civil power. Belore our Constitution was formed, the great fundamental rights which I havementioned, belonged to every person who became a member of our great national family. No one surrendered a jot or tittle of these rights by consenting to the formation of the Government. The entire machinery of govornment as organized by the Constitution was designed, among other things, to secure a more perfect enjoyment of these rights. A legislative Dept was created that laws necessary and proper to this end might be enacted. A judicial Dept was erected to expound and administer the laws. An executive Dept was formed for the purpose of enforcing and seeing to the execution of these laws and these several Depts of Government possess the power to enact, administer, and enforce the laws “necessary and proper" to secure these rights which existed anterior to the ordination of the constitution. Any other view of the powers of this Government dwarfs it and renders it a failure in its most important Office. Upon this broad principle I rest my justification of this bill. 1Iassert that we possess the power to do those things which Governments are organized to do; that we may protect a citizen of the U.S. against a violation of his rights by the law of a single State; that by our laws and our courts we may intervene to maintain the proud character of American citizenship; that this power ermcates our whole system, is a part ofit, without which the States can run riot over every fundamental right belonging to citizens of the U.S.; that the right to exercise this power depends upon no express delegation, but runs with the rights it is designed to protect; that we possess the same latitude in respect to the selection of means through which to exercise this power that belongs to us when a power rests upon express delegation; and thatt o decisions which support the lattermaintain the former and here, sir, I leave the bill to the consideration of the House.