Daily national Democrat., 1861-07-06
nailp 9lationalDrmofr a..
Tbo Powers OF the President as COmman'
der.in-C Chief.
The following opinion is from the author


The following opinion is from the author
. ofCardner's Institute:
The mowers of the President as Command
..Iin-Chief of the Military aud Naval forces
e the United States are very extensive in
lime OF war with foreign enemies, in rebel
lion with traitors in arms, or civil war.
The Supreme Court of the United States
decided that the civil government organized
over conquered Mexico by the President and
administered by our naval and military Off
nors was legal and effectual, as we'll as the
establishment of tariff in the conquered
norts. 70 Howard's u. S. R., 603) (16, How.
i64) Gardner's Institutes COL, COS, 20S, 1874,
7S)
These authorities and the common iudg-
ment of all patriotic men show the correct
ness of the following principles of public
law.
l That an American army in hostile eor-
nion country, or rebel State which resorts to
violence to attacks Or the national army, to
destruction Of bridges, railroads and tele-
graphs, to cripple the power of the Federal
Government, and of its armed defenders and
snpporters, is vested with full military luris
dicticn, so far as the President shall order
as Commander-in Chief, to displace the civil
and enforce a military Government. Self
defence universal right, shows the proprie
Sy of this rule (GardRers Institutes, PIP. 27,
$50, sos, 679, 6S3)
III. That such power extends to ali criminal
and civil offences, to the extent of such order,
including those that are capital. The Presi-
dent WILL of course use the powor with eau
tion and a sound discretion (Gardners In
stitutes. PIP. 20S, 1913, 1875, COL, 60S)
Ill. That if martial law is SO ordered to be
proclaimed in rebellious State or city, ei
ther in aims or ready to take arms, to attack
the Federal forts, forces or Capital, or that
furnishes soldiers or munitions to the eebels,
the military officer in command may establish
civil military government and enforce it by
arrests and trial by Court Martial, and even
condemn traitors to death, if the sentence is
approved by the President.
OF necessity no ha6eaS corpus will be re-
garded where arrests are SO made by the
Presidents order This writ, in lis legal ap.
pcation must not be allowed to become an
ally of rebels and traitors, destroyer Of free
dom. instead of its defender
" BY virtue of this high martial power,
in time of war and rebellion, the President,
and officers acting under him, may destroy
property, public or private, to keep it from
the use of a rebel> or enemy, or he may close
all the rebel ports, and prevent all coasting
and forei5n trade; and may stop all COM
merce with rebel States, to destroy the re-
sources of the rebels, and compel obedience
to the Federal Government. Hb. p. 53S.)
N. BY the same martial power the Presi-
dent may flarch the United States forces in
to and through any State, and form camps
therein, to attack the rebels and put down
their forcible resistance to the Federal au-
thority; or he may station them in any State
and erect forts there, for that CIR any other
national object, and a forcible opposition to
such Government acts by any citizen Of any
State is treason. (lb. PIP. 323, 332
VI. The opening and shutting of the rebel
ports is domestic matter, with which Cor
eign nations have no right to interfere in any
manner; and every vessel that trades or at
tempts to trade with the closed ports in def
ance of the military order Of the Prnsideut,
may be siezed and contiscated. (lb 53S, 3,
IS, 10, 94.
VII. That, as the traitorous conspiracy of
Davis Toombs, Cobb, Floyd and Company is
not nation. and never will be- the rebellion
is wholly domestic affair, and any act of
any foreign Power recognizing it in any man
Ner, either by granting validity to Davis's
piratical letters of marque, or by insisting
that the ordinary public law of nations shall
be deemed applicable to our domestic militia
y
must be held an enemy to our Republic, and
treated accordingly. (Ib. ,, 22o, 225, 3S2,
3ol, las, 1872, 500, 5l2, 627, 6S5, 658, j22,
62l. 52S)
VII. This high military power will op-
thorze the President 10y his army ana navy,
20 seize all slaves belonging to rebels and
TRAITORS las they have been and are used to
ereetrebel f0rtitcations and perform military
duties in attacking or forts and armies. as
contraband of war; and We may properly
employ the rebel slaves in similar military
duties in defence of the Federal forts, forces,
and Federal authority. Our able General
Butler has apty applied this principle to a
recent case The principle is capable of ex-
tensive and useful application
TX. The Presidents civil powers in peace.
though great, are small indeed, when COM
pared with the high constitutional, military,
and naval authority in time of war and re
bellion when the universal maxim popula
s'preD'a ler, gives the rule Of executive law
and action.
Y. Where the President has military dis
erection to decide an act, no Court or Judge
can review his judgment, OF control his con-
stitutional action.