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onstitution, and they were the same yesterday as they are to day, and will remain so forever. The unlimited power of Congress, as advocated by the Senator from Maine, is only a foundation for despotism. The functions of Congress are civil and legislative, and it cannot control unlimited war power. He contended that the supreme Court had settled this question, and decided that the power was in the President. He cited from the case of Luther vs. Borden, 7th Howard, pp. 43 and 46; also, Martin vs. Mott, 12th Wheatley. If the President abuses the power there is a remedy in Congress, but if Congress usurps the war power there is absolutely no remedy. He cites further the case of Cross vs. Harrolson, growing out of the state of things in California. California was conquered in 1848, but Congress had no power to legislate for it at all, and yet the President instituted a form of Government for it. But this bill relates to property not captured or expected to be captured, and is not