Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-11-05

The N. Y. evening Post, in an article up
on the War Power, lays down these PROPOSE
lions:
First-The war power is based upon natu-
fal justice, lying behind and outside Of the
constitution.
secondly-The war power embraces all
those acts which lie outside Of the cOnstitu-
ton, bat are necessary for the protection of
government and the people.
is Tbirdly-The war power is exerted by the
Executive, and not by the legislative power
In giving preesdents for these propositions,
fhe Post quotes the destruction of dwelling
house, near ChHrle5town, Massachusetts, dur
ing the Revolution, BY Gen. Sullivan, be-
cause It was occupied BY British troops
The owner pstitiOned Congress for compen-
sstion, but it was decided that the property
was lost by the ordinary operations of the
War Power and could not be paid for. Also,
in 1914, when Fort Erie was attacked by the
British, and when q retreatIng body of our
soldiers was between the Fort and the ad-
vaacingeolum Of the BRITISH, the commander
OF the Fort opened FIRE, aud drove back the
assailsnts, although in doing it, he killed
nearly every man belonging to our picket
guard. he was arrested, but acquitted upon
the ground that legitimate exercise of the
War Power required the death Of those men
for the sake of saving the Fort and its occu-
pants.
Regarding the third proposition, it is
claimed that while Congress provides for rails
ing and maintaining an army, the President
Is put at its head to guide and command
T., either personally or through his Off
csrA. BE exsrts the whole War Power.
Touching then upon the Slavery question,
st is claimed that both principle and prece-
dent give the President the right by means
Of the War Power to declare what the slaves
condition shall be, and accepting their ser
vices as soldiers. Slavery is . constant war
fare between the master and the slave, and
must be 90, in the nature of the case. Upon
this principle the prisoners on board a slave
ship are justified in Overpowering and killing,
if necessary, the master and crew who fasten
the chains upon them. Recognizing this
principle, the British officers in some of the
Southern States, in the Revolution, called
the slaves to enroll themselves under their
banners to fight their masters, Offering free
dom to all who would do SO. So many ac-
cepted the call that South Carolina author
iEed the enlistment Of slaves inso the service
Of the State. The Continental Congress
made no opposition or protest to the action
Of the British generals.
In the war Of 1912, British officers again
sent out proclamatiOns inviting slaves to
their standard. Many accepted the invitation
and enlisted into the army and navy of
Great Britain. The War Power was again
exsrted for the emancipation Of slaves in the
same manner that it had been during the
Revolution. But no statesman or jurist ap-
pears to have regarded the emancipation of
slaves as a violation Of the ordinary usages
Of war. Mr.. Adams referred to these and
other eases when, in the House of Represent.
adVes, he declared that the "War Power had
been exerted for the liberation Of slaves
during the revolution, and during the war Of
1912, and during the Florida war"