New-York daily tribune., 1861-09-07

al1 Oen Mcclellan; the aesuranre. have .a,a;s4at
nor oe nave never been yolated, from the Cover
tr1ity OF Kentucky the conferene bo.o WIG peu'
bnckner and the President of the Und s,a,o oes'
s though might cite many other acts, ali Sru
py INC sane purpose Of presePling orr retraEse9
peace, the missions herewith reIepted 70 ,ha ~ ana
ana confederate States. The hor eat peonla q, T
s9IAy "Ai correctly interpret tLe Split aod nnrroas
'ej,o ae1si nor can cgumDy deny nor malice snc
nrivoto ;em them Ntiher can any act, public or
d,aos inconsistent with be spirit and pnrpose Of
NC eOfts 70 preserve the peace and Deutrality S tk
80, ever pe Drought home TO my door. PM INV
ettcs, ehdeayors 70 save the State from The borroI
~ 80 AZ Sre established by eyideuces which will
remain perfect historic record; and which oyrs = ~
my own good name, to my ciiz,s 81 Ro, - "
State. ''e '"o "ieni'es oi thS
The Presidents war proclamation of April Is IA
Whicn 10 caieo ior |o,0O0 militia, was In nv oinion
Illegal ia view Of tie protested obscy,. ~ ~
CALI and did not tneu doubt that the real ohct ~ ;s
was the prosecution Of unconstitutional war 90 ~ ~
ercon against the South. did not and could not hei
tate therefore, in returning peremptory refnaitoha
demand upon lie Tor Kentucky troops. TIE Constitution
Of tic United States musJ be construed raonaly Tke
lowers given 20 Congress we Lot Intended 10 be ex
ercsed by the President without the Intervention OF
Congress. For instance, the power declare war Ia
eivon 10 Congress. This inpii-s that toe President
conslutioDaly cannot declare war without the con.
Of Congress. The act Of l75 was passed by Con.
gros 10 provide for calling forth The militia TO execute
the Jaws Of the Union TO suppress Instructions and TO
repel invas0ns. Upon careful consideration of thig
act II is manifest that the calling forth of the militis
on'empated was where there had beeh udicial iu.
vestigaOn, decision Of the court and execution
awarded, and the power Of the courts and the mar
snats power not being sGhcent, the President being
Ofi i.ially Informed, should call out the militia,
This act, therefore, did not authorize the presi.
dent to cal out 10000 men, for two reasons frsf
there had been by the Courts no judgment or dsisiop
or efforts on the part OF the Mtrhals 70 eyeeU,e tIs
n ba allnu Al
number Of States Of the COniederacy withdrawing
from the Union and could not be cOerced back ybont
waging war on them; and Congress alone having tba
war-making power, aud declined, short tne before
after full consideration Of the proposition the Pres.
dents cali was the nitiatory step 20 the war which he
had not the constitutional power to make If part Of the
States have other than revolutionary right TO sepa,
retc from the 0thers it was not provided in the COnsti
tuition that The remaining States should have the right
aud the power to coerce them 0ack aDess it DO under
ne power TO declare and Ike war; which, II Is far 10
believe, was intended for foreign nations and not
part OF OwD as 1t is part OF the history OF tho
Consultation that the Convention which formed il re-
fused % grant the power TO coefce back O secedng
State.
This act of 1875 was on the statute-book when Mr
Webster denied to President Jackson the power to
call on the military force OF the country to the
collection of the revenues in IS33 The history Of that
case shows that the President awaited the action Of
Congress and did not take any step toward calling out
the militia until specially authorized by Congress 1
rcfused troops, therefore, because In my judgment,
the Presidents call was unconstitutional and whont
the sanction of law. The President admits, In hia
message to Congress- that necessity had compelled him
TO act without the authority OF law, and asks that his
acts shall be sanctioned. could easily shelter myself
under similar plea of necessity II the necessity OF
which be speaks was great in bis case, 1t was far
greater n mine, because other policy IN my hume
BE Judgment, could have been pursued by Kentucky
which gould have prevented civil among our own
people and that regarded as the worst Of all easmi:
ties The call for additional iorees for the land aud
naval service the blockade Of the SoItheFa seapors;
the bloclades and embargOes established on rivers
and roads; the suspension of the sacred writ Of
habeas corpus; the imprisor ment of men with.
ont warrant, nearing, or tdal by jury; the sup.
preston Of ciVilauthOrty and the absbment Of mar
ial law in various cities the unreasonable seizure and
fearches Of persons houses and papers; the arrest,
search and imprisonment even OF women the suppres.
sion Of newspapers; the withdrawal OF msil faghlea
in KeDtucky west Of the Tennessee the establishment
of martial law in Missour the coniscation Of the
proueity emancipation Of the slaves and subyerOn Of
the state Government OF that people by Major-Gen,
Fremont and the total obliter4ion OF all State lines
and authorities; the5e and that demOra lZlng,
strous and unconstitutional conscation bill recently
passed By Congress, make up record well calculated
10 alarm aud startle free people justly jealous Of
their rights. have been, aud am STILL unable to give
10 these acts any sort OF sanction They are acts which
give 20 the Government otended to be conducted
coring 70 the Constitution, the character, nsubstalee
az once Of a usurpation and despotism.
In conscientOusly taking such view Of the Presi,
dents rule have not iltended TO bs disoyal TO our
state or Federal Government. have refused obedi-
erce 10 only ore demand made on me by the Federal
authorities and in that have been sustained By the
people OF Kentucky aud by the Constitution OF my
country. The people have sustained me in my recom-
Treodaion against coercion, and my recommendatiou
of senator Critendens amendments TO the COnstiiu'
lion a. settlement Of national difficulties aganse
the occupation Of our sod by Federal military force,
in favor of peace aud peutralty, and for voting meu
aud money 10 arm the State. Aud now, addre sln8
The ofthe people OF Kentucky,
protest. in their name aud eseuce, in the name Of
constitutional liberty aud in PIE OF heaven and
earth, against all aud every Of the Presldents
usurpations and unconstitutional and Illegal acts;
and | protest, fnTt-ermOre, against the fuItaee
nrosecution of a war professedly for the object
of restoring the Government, an object utterly Il'
possible of attainment by suc1 insane means as war
of coercion and protest, moreover, against hen.
tuelv being made Camping-grOund, or the pathway
for ihe movement of forces, by either bellgereniI
and recommend earnestly TO The General Assembly
the prompt passage Of resolutions requiring both bel
lgefents to keep OF soil, and TO respect 10 good
faith the neutrality which the people OF Kentucky,
with uuexampled ananimity, in good faith, desre TO
preserve. The valor and toriitade of the Southern
people are underTated by those who imagine that they
can be subjected 10 terms Of humlliiting submission
by any military force which the North can possibly
fGd means 70 nautsin In the field. II is my opinion,
therefore that the General Assembly OF Kentucky
ought TO declare by solemn resolution, that this war
ought TO beinstantly stopped. Iiisnot ourpeope, al.
ready oppressed ny taxstiou will be bdnkruped our
markets destroyed, our trade ruined, fields raw.
AGED every home made desoate and in mourning; and
All er the expenditure Of all aud the loss
of million of lives in the vain effort to snbugate the
South the begerents at las, will be compelled to ne
gotiate peace, the people aud cur children having
been made bsrbarians and tue ast hope OF liberty ex
tnpuished. II is the policy Of Kentucky TO take nd
paIt in it. She should keep firmly her presen. position
Of neutrality, AID, when opportunity siers, as q re-
digtOr present Of peace ard OF settlement alike
honorable TO both Of tie coLtending parties. :.
/ submit tbC whole matter 70 the wisdom of your
counses. The peaee, posision oaraeeT AMI honor Of