The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1861-06-03
PRICE, TWO CENTS.
Important Principles of Public Law.

Important Principles of Public Law
THE POWERS OF THE PRESIDENT AS COMMANDER IN
CHEF.
Thefollowing opinion is from the author Of
GardnerS S Institutes, and is published, by re-
quest, for the information Of the public, and in
defence Of the President and his pa triotic Cabi-
net
The powers Of the President, as Commander,
IN Chief of the Military and .Napal forces of
the United States, are very extensive in time Of
war with foreign enemies or in rebellion with
traitors in arms or civil war.
The Supreme Court Of the United States de-
cided that the civil Government organized over
conquered Mexico by the President, and admin
istered by our naval and military officers, was
legal and efectual, as well as the establishm Ell
Of tariff in the conquered ports. @ Howard s
I. 5. r, 6O3.) (l6, How. l64) (Gardner's
Institutes, COL, Cos, 20S, 1914, 7S)
These authorities and the common iudgment
of all patriotic men show the correctness Of the
following principles Of public law:
[. That an American army in a hostile for
eign County or rebel State, which resorts to
violence, to attacks on the National Army, to
destruction of bridges, railroads and telegraphs,
to cripple the power of the Federal Govern
ment and of it's armed defenders and support.
ers, is vested, with full military jurisdiction 50
far as the Pres dent shall order as Commander
in-Chief to displace the civil and enforce
military Government. Self-detence, univer-
sal right, shows the propriety of this rule
(Gardners Institutes, p. p, $50, sos, go,
683.)
II. That such power extends to all cni and
criminal offences to the extent of such order, in
cluding those that are capital. The President
will, Of course, use the power with caution and
sound discretion. (Gardner's Inst, p. 208,
1913, 1876, Col, 60S.)
III. That if martial law is 50 ordered to be
proclaimed in a rebellious State or city, either
In arms or ready to take arms, to attack the Fed
eral forts, forces or Capital. or that furnishes
soldiers or munitions to the rebels, the military
officer in command may establish civil military
government and enforce it by arrests and trial
by Court martial, and even condemn traitors TO
death if the sentence is approved by the Presi-
dent.
OF necessity no ha5eas corpus will be regarded
der. This writ, in its legal application, must
not be allowed TO become an ally Of rebels and
traitors, d destroyer Of freedom, instead Of It's
defender.
". By virtue of this high martial power, in
fcers acting under him may destroy property,
public or private, to keep 1t from tke use of
rebel or enemy, or he may close al the rebel
ports, and prevent all coastlng and foreign
trade and may stop all commerce with rebel
States to destroy the resources of the rebels,
and compel obedience to the National Govern
ment u and p. 53S.
'. By the same martial power the President
NAV march the United States forces into and
through any Stale, and form camps therein, to
attack the rebels and put down their foreible
resistance to the Federal authority or he may
station them in any State and erect forts there,
for that or any other national object, and
fOrcible opposition to such Government acts ~
any citizen of any State is treason. (Gard.
ner s Institutes, PIP. 323, 1922
VI The opening and shutting of the rebel
ports is q domestic matter, with which foreign
nations have no right to interfere in any manner
and every vessel that trades or attempts to trade
with the closed ports, in defiance of the mill
tary order Of President Lincoln may be seized
and confscated. (Gardlner's Inst, 536 SIS,
10. 94,)
VII. That as the traitorous conspiracy of
Davis, Toombs, Cobb, Floyd & Co. is not
nation. and never will be, the rebellion rs whol-
'y domestic affair, and any act of any foreign
oWeE req SHlLIIg ~ III any HauutI, tltuer ny
granting validity to Davis piratical letters-ot-
marque, or by insisting that the ordinary pub
lie law of nations shall be deemed applicable to
our domestic military blockade of rebels, every
such Power must be held an enemy to our Re
public, and treated accordingly. Qb. pp 2,
200, 225, $50, 3O4, l4S, l52, 500, 5l2, 627,
533, 65S, 500, 524. 52S.)
VIII This high military power will author
ize the President, by his army and navy, 10
seize all slaves belonging to rebels and traitors
Is they have been, and are used t. erect rebel
ortifcations and perform military duties in at
acking our forts aud armies) as contra band of
var; and We may properly employ the rebel
layes in similar military duties in defence Of
he Federal forts, forces and Federal authority
)ur able Gen, Butler has aptly applied this
principle to recent case. The principle is
apable Of extensive and useful application.
IN. The Presidents civil powers in peace
hough great, are small, indeed, when COM
AIRED with the high constitutional military and
avail au thOrity in time Of war and rebellion,
hen the universal maxim, popula suprenaaler,
ives the rule of executive law and action.
y. Where the President has military dis
retion TO decide an act, no Court or Judge can
eview his judgment or control his constitution
action. DANIEL GARDNER.
New York, May 2S, 1861.