, 1861-09-19
Chicago Gributte
THURSDAY. SEPTEMBER 10, 1851.
R0WKR AF FHE PRESIDENT ~
.T13& @E :WAR.


AVA Jurisdiction that attaches to his
omce outside Of any Congressional enact
menta-that is created by the Constitution
1tself, and may and should be exercised
with undinchinE frmness a1dstern se-
vcrity.
By the Constitution, the whole Executive
power Is vested in the President and he is
made Commander-in- Chief Of the Army
and Nary. By the Constitution, no limit
whatever il imposed on the exercise Of Al,
his military power in the suppression of
rebellion. He is the sole judge of what is
demanded By the pressing engencies of
Wal. He may take the advice Of his C.bi.
net, and II disposed to shi1k responsibility
may call epoa Congress Or any other
poo5, to lay cut programme for his &C.
uon- But it ia not from the counsel of his
advisers or the legislation Of Congress, that
ne derives any power or authority as Com
mander-1n-C n-Chlef Of the Army. Indeed it
would be usurpatisn for Congress to at
tempt to Limit his military authority. As
well might Congress pass law prescribine
new limitations to the 1eto power, That
power and ali the vast discretionary power
pertaining 70 the military position Of the
President as Commander-in Chief of the
Army and Navy, are both conferred By the
Constitution, and they form in part the
Presidents ConstitutonaI Jurisdiction For
1u proper exercise he ia amenaDle to no or
dinary judicial tribunal No court or Judge
can interfere with his discretion Or assume
to punish subordinate officers for chewing
his Commands.
This constitutional jurisdiction in time OF
war or rebellion clothes the President with
immense strength Under it he may pro-
Claim martial law-he may arrest and i'm
prison traitors and those giving aid and
comfort to the enemy-he may confscate
and destroy property of every description
he may srmmarlly determine what pub
LEGATIONS are injurious to the SUCCESS Of the
army and suppress them BY military Or
der-he may put = stop to al commercial
or other intercourse with the rebels-he
may disarm suspected persons and cause
them to be detained. AL these measures,
to be adopted where the Har RACES,
and many others, pertain to the war power
Of the President under the Constitution.
They are questions appealing only to bis
military discretion, and he must act in re-
lation to them a. the e1igencies of war
seem to require. Il he acts Wilfhlly and
oppressiTely-f lie assumes rebellion to
exist when it dses motor, if in subduing
rebellion conceded to exist, he EMPLOYS
means unknown to civilized warfare, and
lnf1lcts cruel and unusual punishmeats, or
IN any manner outside Of sound disere-
ton, Lie may be called to account by in
peachment and in 10 other way, except At
the bar of public opinion And it NAV be
well to remember on the other hand that
the same tribunals can pronounce condem-
naton rs well for omiti2g to exercise his
power ard authority when the salvation
OF the country demands it.
1t is dangerous fa1lacy that Ia great
emergency when everything is at stake,
the Constitutional power Of the President is
70 be hampered and restricted by an act of
Congress. 1t is not so. independent Of
Congressional action, the President has his
duties to perform, and TO be to him, if he
Is not equal to the crisis Congress cannot
interfere with the conduct Of the war. 1t
cannot limit the action Of the military
power, except by refusing men and money
to put down the rebellion. Having fur-
nished the means, it has no right to inter-
tere with the discretion Of the President,
The power Of confscat1ng property, OF
procla;nins freedom to the slaves Of
rebels, Of declaring martial law, of eus-
pending the writ Of Aa1eas cogpn, belongs
to the President, not to Congress, hut under
and by virtue OF the Constitution. He
cannot divsst himself Of this great respon-
slbllity. if be would. He cannot Justify |
refusal to act when required BY great emer-
gencles. hy referring to any action of Con
gress. The means fer suppressins the re-
bel]ion have been furnished hin. He
folds the power in his hand. VIII be
surrender his Constitutional pre1ogatives |
Viii he consent to become a mere tool |
and to yield his own Judgment and dis
cretion?
Ne intsnd to treat this question fairly
and calmly but in such crisis it is leplo- |
rable to be compelled to submit arguments
IN favor Of such action as alone can insure
SUCCESS. The act should come first-the
argument afterwards, That is the way
that jackson would have suppressed the |
rebellion. He proclaimed martial law and
deded the civil power that attempted to |
interfere with and control his military dis
cretion, and waited lsng years for Douglas
TO demonstrate to the nation that he had !
acted consututionally. That argument Of |
Douglas ne commend to President Lin
coin. That great statesman, though dead,
yet speaketh. May his words sink deep
INTO the heart of his successful rival, and |
inspire his action. For the sake of |
humanity, for the sake Of this great nation,
1or The aake Of patriotism and LOYALTY. |
everywhere, VIC implore the President to |
be finn, md to meet the just expectations
Of the country. If he fails to exercise his |
power 80 Is t. insure speedy and Sue
cessful termination Of this contest, he will
yet curse the day that such power ever
came into his hands.
TEE LAGGARD srATE&.
1t vas thought not long since, that it
would not be necessary to Withdraw troops
e