Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1861-08-09

| Government indeed, as whole, is not vested
with she sovereignty aud does not possess all
the powers of the nation. 1t has no powers
bat such as are granted by the Constitution;
and many powers are expressly withheld The
nation certainly is coequal with all other ma
tions, and has equal powers, but it has not cho-
sen to delegate all its powers to this Govern
ment, in any or all Of its departments
The Government, as whole, is limited, and
limited in all its departments. 1t is the esper
eial function of the Judiciary to hear aud de-
termine cases, not to establish principles p
nor "sestle questions,' so as to conclude any
person bat the parties and privies TO the eases
adjudged. Its powers are specially granted
and defined by the Constitution, article 8, Sec
tion q
"The Judicial power shall extend to all cases
in law and equity arising under this Constitu-
tion, the laws of the Uuited States, and treaties
made and which shall be made, under their an.
thority; to all cases affecting ambassadors 9th
er ministers, aud consuls, to al cases of ad-
miralty and maritime jurisdiction; to contro-
yersies of which The United States shall be a
party; 10 controversies between two or more
States; between States and citzens of other
States, between citizens of different States;
between citizens of the same State claiming
lands under grants of different States, and
between State, or the citizens thereof, and
foreign States, citizens, or subjects
And that is the sum of its powers, ample
and efficient for all the purposes Of distribu-
tive justice among individual parties but pows
/ erless to impose rules of action aad of Judge
ment upon the other departments. Indeed,
! it is not itself bound by lis own decisions, for
( -. f. lor *
| them, as in common honestyit ought to DO,
whenever it fnds, By its after and better lights
that is former Judgments wereswTong.
| OF all the departments Of the Governments
/ the President is most active, and the most
constant 10 action. He is called "the Exsea
uti7e;" and so in fact be is, and much more
also, for the Constitution has imposed upon
him many important duties, and grsnted to him
great powers which are in their nature not
executlve-such ss the veto power, the power
TO send and receive ambassadors, the power
1 to make treaties, and the power to appoint Off
/ GERS This last is no more an executive pows
er wheu used by the President than it Is when
exercised by either House of Congress-, by the
courts of justice, or by the people at large.
The President is a department of the Gov
ernment aud although the only department
which consists of a single man, be is charged
with greater range and variety of powers and
duties than any other department. lie Is a
civil ms gistrate, not a military chief; aud in
/ this regard We see striking proof of the gen.
erality of the sentiment prevailing in this
! country at the time of the formation of our
Government, to the effect that the military
ought to be held iu strict subordinstion to the
/ evil power. For the Constitution, while il
/ grants to Congress the unrestricted power TO
declare war to raise and support armies, aud
TO provide aud maintain aaVy, at the same
time guards carefully against the abuse of that
power, by Withholding from Congress and from
the army itself the authority to appoint the
chief commander of force SO potent for good
/ or for evil to the State. The Constitution
/ provides that s'the President shall be comnau
| der In chief of the army aud navy of the
4 United States, aud Of the militia of the sever
| al States when called into the actual service
of tbe United Stales." And why is lhsl--
! Surely not because the President ls supposed
1 to be, or commonly is, In fact, military man,
| a man skilled in the art of war, and qualified
1 TO marshal host in the field of bait 0. No,
! il Is for quite different reason 1t is, that
whatever skillfull soldier may lead our armies
to victory against foreign foe, or may quell a
d6mestic insurrecton; however high be may
raise his professional renown, and whatever
martial glory ha may wiz, still he is subject
to the orders Of the civil magistrate, and be
and his army are always Subordinate 10 the
eiyil power"
And hence it follows that whenever the
President the civil msgsirate) in the discharge
of his constitutional duty to stake care that
the Laws 20 faithfully executed has occasion
TO use the army 10 aid him in the performance
of that duty, he does not thereby lose his civ
il character aud become soldier, subject to
military law and liable to be tried by court
martial, any more than does a CIVIL court lose
its legal and pacific nature, and become mill
taiy and belligerept by calling out the power of
the country to enforce its decrees. The civil
magistrates, whether judicial or executive,
must of necessity employ physical power to aid
them in enforcing the laws, whenever they have
to deal with disobedient and refractory sub
jects, and their legal power and right to do so
is unquestionable.. The right of the courts to
call out the whole power of the county to en-
force their judgments is as old as the common
law; and the right of the Preaident to use
force in the performance Of his legal duties is
not only inherent in his Office but has been
frequently recognized and aided by Congress
One striking example Of this is the act Of Con-
gress Of Mach 3, 1907, Il Stat, 445) which
empowered the President, without the inter
vention of any court, to use the Marshal, and
if he be insufficient, to use tho army, aumma-
rily to expel intruders and squatters upon the
public lands. And that power has been fre-
qurntly exercised, without as far as ! know
a question Of legality. To call, as 10 some,
times done, the Judiciary the civil power
and the President the military power, seems
to me at once mistake Of fact and an abuse
of language.