Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1861-10-02


suggestions in r~elatiua to the causes and
of the present war. There arc
however in those articles propositions in
my opinion quite exec ptionable.
The writer seems t. concede that the
proceedings of the al administration are IN
constitutional, and that a disregard Of the
provisions of the Constitution are required
by the present exigency. and that such dis
regard has been and will continue to be
conducive to success in putting down the
Instruction, and securing a continuance of
our free government.
The assumption of fact, and the conclu-
sions of the writer as to the results of a
disregard of the Constitution, l regard, a.
like incorrect. 1t cannot be shown that
the conduct of the present administration
has been in any particular in Obvious dis
regard of the Constitution.
1t must not be forgotten that the Con.
stitution contains no specific provisions to
govern the conduct of the government. eli
tbcr in rcpclling IN invasion or suppress.
ing an instruction. The Constitution au-
thorises Congress to provide for calling
forth and supporting the military force for
such purposes; and makes the President
Commander-in Chief of the army and na-
w, including the militia of the several
States whe n called into actual service. but
the means to be used to repel the invasion
or suppress the irsurrectiOn are left. for
the most part, discretionary with the gov
ernmcnt. The President is made Com
mander-in-C hief of all military forces to
be used by land or sea and his official
oath requires him to faithfully execute the
office of President of the United States,
and, to the best Of his abili ty, to preserve,
protect, and defend the Constitution of the
United States. 1t is also made his duty,
bv the Constitution, to take care that the
laws be faithfully executed.
In a time of peace the man ner of the
execution of the laws is generally well de-
fined and understood. Not SO, in times Of
imminent danger to the continued exist
enec Of the government, from invasion OF
Instruction. In such an exigency the
President, as Commanders Chief, can on
" discha rye his official duty by resorting
to and making use Of Sgch measures not
prohibited by the Constitution, as most
iudie ious and efficient to secure the great
objects, the repclling of the invasion OF
suppressing the Instruction, indispensa-
bic for the preservation, protection, and
defense of the constitution. And in no
other way than by sgPPressiag The iHs"r,
recti0n, can the President, take care that
the laws be faithfully executed SelEdc,
tense is the inherent right, and highest du.
ty of a government as well as Of a per
son.
What then is the right AMI du ty of the
President in the use of means for the sup,
preston of the present instruction ?
All must agree that he has the right
and it is his duty to use any, or all aPpro-
pirate means, not inhibited by the Consti-
tuition of the United States, to suppress;
the instruction, and thus defend and pre-.
serve the Constitution, and the government
as thereby established. Nor is the actibr
of the government in its power and eff
cfency restricted, except in the discretion
of the President under the Constitution b,
the consideration, That there may be in til.
revoltcd districts, men, women aud child
rem, who have not in fact taken part in tn
instruction. Bat it is, however, the dut,
of government So far as practicable, Il
protect all loyal subjects and to avail it
self of their aid to subdue the insured
t%iouists, and defend and preserve the Con
stitution and government; and the Presi
dent as Commandcr-in in Chief is REASONABLE
expected to exercise 4 sound discretion t
this end.
By subjects Of tao general government
1 mean all persons native and naturalizeC
within the jurisdiction of the Unite
States. They ali owe allegi ance to I'll
government, and are alike entitled to PIE
lection by the government.
1t is true that in time Of peace, an
while the police power over the citizens {
the United States, is, for the most par
under the Constitution, left to the State
respectively in which they reside, the gen
eral government viii always recognize tn
relation of superior AMI subordinate, as e.
tablishcd by the police economy Of Il
State. If any State may have fixed Il
age of minority at 81, or at p years, {
the term Of apprenticeship to extend to Il
age of thirty, or scrvitude for life, the gel
eral government docs not in time of peaO
inquire into the r~easonableness or just,
of the relation. but merely upon the ia
of is existence under the law of the Stat
the relation is recognized by the gcncr;
government. And yet, every one know
that the relation of superior and subOrdil
ate, thus established by a State govern
ment, between two persons, can not in Il
least change or impair the relation of 60
ernment and subject existing between Il
l general government and each Of those &c
sons sustaining such relations in the Stat
IfCongress, in providing for calling OIL
the militia to suppress Instruction or r
,,l invasion shoull find II necessary