The Nevada journal., 1861-08-16
ML1NcoLN.raE rsuRpER.y y

L1NCO1N--TdE
Our Dixie friends have a sterreotyped IT,
rade against the President, charging him
with having infracted the Constitution and
usurped the powers pertaining to the Leg
islature and Judicial Departments. of the
Government. There are perhaps some men
who, in the honest simplicity Of their hearts
have been led to believe the charges thus
made, and who look upon the President as
Dictator self-invested with the powers
delegated to the three coordinate branches
of the Government established by the Con-
stitution. Indeed it is not clear to the cas-
ual reader of the great instrument that
there is not some foundation for the belief.
We propose to devote a few lines 10 the
discussion of the constitutionality of the
acts Of the President in calling armies into
the field and suspendiug the writ of ha6eas
corpus without the consent of Congress- and
we shall be able to show conclusively that
the President in no case has exceeded his
powers in the least
Taking common sense view Of govern
ment 1t must be evident that power must
beloag somewhere for self preservation /;
that II exists for ready application when
sudden danger to the Nation shall ARISE
Our Government, boasted of rs being the
wisest, most bene6eent and perfect that the
intellect and experience of mankind has
ever devised, Ii eertaialy not without the
necessary power lodged somewhere to pro
teet Itself against destruction from enemies
without or foes within. ltwould be slan-
der upon Its illustrldus founders to assert
otherwise. That Il was one of the prime
objects Of the trainers of the American Con-
stitution to establish firm, powerful and
lasting government, with vigorous powers
TO protect and preserve itself, is truth too
plain to be more than mentioned TO be re-
ccived The old Articles of Confederation
were found utterly wanting in centralized
power to execute tho demands Of the Gov
ernment, and new Government was sub
stituted, invested with the requisite power,
and given President to use it. The pow
ers wanting in the old system of govern
ment (at least so far as expressed, though
not by impiication) are precisely those de-
MED to the new by the enemies of the
country to-day. They assert that Congress
alone can call armies to the field or suspend
the writ of haJeas corpus, planting them
selves on what they claim TO be the strict
letter of the Constitution, Without reference
to results, good or bad, to follow from their
construction carried into practice.
In great exigencies, it has been held here
tofore that large power may be exercised
when the welfare of the country demanded
it, Thus, though the Governor of the State
of Virginia had no warrant in the Constitu-
tion of that State, upon the destruction of
the State Prison by fire, he proceeded to
rebuild it without first calling the Legisla-
ture together to obtain authority. An un-
foreseen emergency had called for the exer-
else of the largest authority, and the Gov
ernor was found willing to act for the good |
of the commonwealth. For Vireinans this |
is a precedent not to be overlooked. We
only quote it in the present case to show |
that in trying circumstances power should |
be and is exercised by some one for the
safety of the public, whether such power be
delegated or not.
But we enter upon the discussion of the |
acts of President Lincoln-thosc acts al |
legged to be volative Of the Constitution =
First, he is charged with nfracting the-sr-
preme law of the land, in calling troops to
the field to suppress insurrection-that |
power belonging, it is said, only to Cong
gress. We shall examine the allegation
James Madison, the father of the American
Constitution, in 1872, before the war against /,
Great Britain had been declared, assumed |
the authority of calling troops to the field |
before any hostilities had commenced or
threatened, but merely as precautionary |
measure. The troops under Hull that |
marched for the defense of the Michigan
Territory, were composed partly of volan-
teers from Ohio, brought to the field by or
der of James Madison. No great necessity |
urged the raising of these troops as was the |
case when President Lincoln called upon /
the country to defend its capital. The pre- !
cedent is strong one and to the point
But that there might be no doubt that Pres |
ident Madison acted within the scope of his |
constitutional powers; the Supreme Court |
of the United States, with full bench, de- |
cided unanimously, Chief Justice Marshall |
delivering the opinion, that the President is
the sole judge whether the exigency of the
times require the exercise of authority of
this kind by him in time of danger to the
Government. From the very nature of the
case, it was decided, the power must belong |
to the President when the Congress is not
in session. Upon this point there can be
no cavil. The highest tribunal in the land
has settled the power of the President afhr
mativelyj to call cut troops when occasion
may require, for the suppression of insur-
recton or to rcpel invasion-when Congress
is not in session. The decision was made
by seven judges, five of whom were South
ern men.
Abraham Lincoln, then, has only acted
A. -