The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-11-07
EXECUTIVE POWER.
BY Benjamin r.. Curtis, Of Boston,
Mass, Late Judge Of the Supreme
Court OF the United States.
PREFACE.


PREFACE.
EXTRACT FROM PRESIDENT LINCOLN's PRoCLA-
NATION OF SEPTEMBER %, 1862.
"That on the first day of January, in the
year of our Lord one thousand eight hundred
and sixty-three, all persons held as slaves with
in any State, or designated part of a State, the
people whereof shall then be in rebellion
against the United States, shall be then, thence
forward, and forever free; and the Executive
Government of the United States, including the
military and naval authority thereof win recog-
niZe and maintain the freedom of such persons,
and will do no act or acts to suppress such per-
sons, or any OF them, in any efforts they may
make for their actual freedom i3.a 80
That the Executive will. ON the first day of
January aforesaid, by proclamation, designate
the States, and parts of States, if any, in which
the people thereof respectively shall then be in
rebellion against the United States; and the
TACT that any State, or the people thereof shall
on that day be in good faith represented in the
Congress of the United States, by members
chosen thereto at elections where a majority of
the qualified voters of such State shall have
participated shall, in the absence of strong
countervailing testimony be deemed conclusive
evidence that such State, and the people thereof,
are not then in rebellion against the United
States"
Understand, raise no objection against it
on legal or constitutional grounds; for, as com
nadnder-n-chief of the army and nary IN time of
ardr, suppose hare right to take any measure
arhich may best su5aue tie eneny."-PREsIDENT
LINCOLN TO THE CHICAGO DELEGATION.
PROCLAMATION OF SEPTEMBER "a, 1862.
Whereas, it has been necessary to call into
service not only volunteers, but also portions
of the militia of the States by draft, in order to
suppress the Instruction existing in the Unit
ed States and disloyal persons are not adequate
ly restrained by the ordinary processes of law
from hindering this measure and from giving
aid and comfort in various ways to the insur-
rection:
'NOw, therefore, be it Ordered,-
FIRST. That during the instruction, and as
necessary measure for Suppressing the same
all rebels and insurgents, their aiders and abet-
tors, within the United States, and all persons
dlscouraging volunteer enlistments, resisting
militia drafts, or guilty of any disloyal practice
affording aid and comfort to the rebels against
the authority of the United States, shall be sub
lect to martial law, and liable to trial and pun
lshment by courts-martial or military commits
sion.
Second. That the writ of habeas corpus is
suspended in respect to all persons arrested, or
who are now, or hereafter during the rebellion
shall be, imprisoned in any fort camp, arsenal,
military prison, or other place of confinement
by any military authority, or by the sentence
OF any court-martial or military commission.
In witness whereof, have hereunto set
my. hand and caused the seal of the United
States to be affixed
"Done at the City of Washington. this
twenty-fourth day of September, in the
r, year of our Lord one thousand eight
L. o. hundred and siSty-two, and of the in
dependence of the United State the eigh-
ty-seventh.
ABRAHAM LINCOLN.
by the President -
civilian II. SEWARD, Sec'y of State
ORDERS OF THE SECRETARY OF WAR PROMUI-
GATED SEPTEMBER 26, 1862.
First. There shall be provost marshal gen.
eral OF the war department, whose headquarters
will be at Washington. and who will have the
immediate supervision, control and manage
ment of the CORPS
Second. There will be appointed in each State
one or more special provost marshals, as neces-
sty may require, who will report and receive
instructions and orders from the provost mar
shall general Of the war department.
Third 1t will be the duty of the special pro-
vost marshal to arrest all deserters, whether
regulars, volunteers, or militia, and send them
to the nearest military commander or military
post, where they can be cared for and sent to
their respective regiments; to arrest, upon the
warrant of the judge advocate. all dslOyal per-
sons subject to arrest under the orders of the
war department; to inquire into and report
reasonable practices, seize stolen or embezzled
property belonging to the government, detect
spies OF the enemy, and perform such other
duties as may be enjoincd upon them by the
war department, and report all their proceed
ings promptly to the provost marshal general
Fourth. To enable special provost marshals to
discharge their duties efficiently, they are ALL
thOrlZed to call on any available military force
within their respective districts, or else to en-
ploy the assistance of citizens, constables, sher
ifs, or poce-officers, SO far rs may be neces-
sary, under such regulations may be pre-
scribed by the provost marshal general of the
war department, with the approval of the Sec
rotary of War.
FifM. Necessary expenses incurred in this
service will be paid on duplicate bills, certified
by the special provost marshals, stating time
and nature of service, after examination and
approval by the provost marshal general.
.Sirfh. The compensation of special provost
marshals will be - dollars per month, and
actual travelling expenses, and postage will be
refunded on bills certified under oath and APP
proved by the provost marshal general.
,SerenM. All appointments in this service will
be subject to be revoked at the pleasure of the
Secretary of War.
Eighth. All orders heretofore issued by the
war department. comforting authority upon
other officers to act as provost marshals except
those who received special commissions from
the war department. are hereby revoked
BY order of the Secretary of War.
L. THOMAS, Adjutant General
EXECUTIVE POWER.
No citizen can be insensible to the vast
Importance of the late proclamations and