The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1861-09-19


ident and his Cabinet; and Congress, too,
must observe the Constitution, or ITS en- /
actments are not binding. But there IS
such thing as war power and that
seems to have been overlooked, mlsunder- |
stood by some, and entirely Ignored byoth- I
ers, | have no doubt by design. They tell
YOU that the President has no power to do /
certain things. He is usurper and ty-
rant, and it occasions these patriots exceed
inc pain to find the President going against
the Constitution. lit has not touched
their tender hearts to see Jett DAVIS q
Co erect a government within the bounds
of the United States. 1t has not hurt
them to see them fire on Sumter and the
Stars and Stripes, and commit treason IN
the face Of the government. But they are
afraid that in putting that rebellion down,
the President Of the United States won
90 exactly according to the Constitution,
fo1 they would dislike to see the rebellion
put down unless it was put down according
to the lines of the Constitution, secundum
urten.
THE POWERS OF THE PRESIDENT
There seems to be an idea that the Pres
ident can do nothing except what is writ
| ten in the Constitution. For instance, If
he is going to have an army to put down
| rebellion, they must march right and left,
as the military phrase is, according to the
direction of the Constitution, or stand
still. The Constitution is a great land
mark, and not bill of particulars. -
| TCheers Every power given by the Con
stitution directing a thing to be done, al
ways implies the power to do it. 1t the
| Constitution erects government, 1t pre-
supposes the maintenance OF that govern
ment by all the usual and ordinary means
within the reach of that government; and
in times of war, and in times Of rebellion,
there is power arising from the very ne
ccssity of the case that controls the whole
question, and when you hear the small
beer politician prating on the idea OF I'M
constiutionality ask him in the first place
whether he thinks it exactly constitutions
al for men to go into the United States
Senate and in the House of Representa-
tiyes and in the army and Navy, and one
day swear, !" / Go swear in the presence OF
Almighty God that | will observe the
Constitution Of the United States, and |
: will discharge the office or duty Of a Sen
: ator according to the best OF my ability
ask him if after having taken that oath,
and while ii is yet warm on his lips, If II IL
unconstitutional for him to try to raise a
rebellion and when he has answered that
tell him that if there is perjury III hell, ii
is that kind of perjury. Loud and con
tinued cheering. ! say that the Admin
istration, any administration, don
care whether it is one Of my choice or one
Of my opposition, has right 70 do eve.
! rything by implication, according to the
laws OF war. for the maintenance OF our
a Government, and If they do not do it,
/, will be one for dealing with them and call
ing them traitors themselves.
Now, it is supposed that there is no wal
power except that which arises out OF am
is prescribed by written constitution
There il a power upon which the Const
3 tuition stands, that lies beneath the Con
stitution and rises above the Constitution
and IS on and under the Constitution /
e il the great law OF -preseryatlon--fo
II communities, nations and States, as vel
4 as individuals. It is older than this gov
ernment 1t is as old as civilization
had no rise In the Constitution. 1t aris
;" es in the very necessity of the existeuo
r. Of civil government
G. THE WRIT OF HABEAs CORPUS.
~ q ~.
: law. and particularly on martial law On
Of the earliest writers of Great Britain. =
% says, /" Martial law is the law Of war TIL
re depends upon the jNt but arbitrary pow
ay er and pleasure Of the King" The pc,
pile here act as King and the President
the agent Of the people " For thoue
:. he doth not make any law but by consel
Gu Of Parliament, yet in time of war, by re-
10 son OF the necessity OF IL, 10 guard again
Ar danger that arises, he uses absolute powc
u 50 that his word is law" Then "a
- away with all your stuff about the neces
iis ty Of having written guaranty for ever
ose thing the President may do to preser
tic the Government | say it is part of |
of oath to stand by and save the count,
and employ such means as he believes "
do it; and if he does not do it he descry
to be impeached This is the law of
on nations, and always has been. But TIL,
Jay is the law Of habeas corpus, and that /
NJ been invaded, and the President has y
not lated ii aud has not allowed some trait
LOT to be released, aud has suspended the WI
'a'' He has done exactly right; and did 81
81, while ago, that In some cases, if | col
ers' have arrested the treachery | would hs
attic susnandea tho ;nd;v;arol With II an,
Gus have not changed my opinion much sin
atic What an idea it would be Here j
.'h- rebellion in Baltimore Or Missouri, an,
but traitor j. le,.na w;tb ia ononr anl