M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1862-12-18

lUubs
But say the flippant and triAing
advocates of supreme power usurped
~ the President to overturn constitu-
lions and laws, "Can you not take a
rebels slave as well as a rebels horse9"
This mode of putting the argument
comedies that the slave, or the right to
his service, is property, according to
the laws Of the State in which he ia
held. Let it be granted that the slave
like other property of the rebels, may
be seized within our lines and made
snbservient in any wey to the opera
tions of your army. This right To-
seize and apply to military use belongs
not more to the President than to any
officer who at the moment may COM
mand on the field. IF under this
power the President could make a
military order oVerturning constitu-
tions, laws and institutions, 80 could
General Fremont, so' could General
Hunter, and so could an officer who
happens to be in command at The tima
and place. The President is only the
superior in command, and as such
may revise and revoke or conform
such orders, as he may all orders of q
pure military character. But no ahS
can be 80 ignorant as one to see, Chat
TO seize q horse or slave for military
uses, or to prevent the use by the en-
emy is one thing, and to proclaim d
edict Of emancipation of all
slaves throughout whole States or
communication which your armies
may not have reached, where the foot
OF a soldier may never have trOdden,
and to pledge the government forever
to MAINTAIN that freedom, in another
and totally different thing. The one
is an exercise of the right Of military
seizure, where the property to be seiE-
ed is within our reach, and, conse-:
quently, away from the dominion Of
the owner. Having obtained possess
sion or control, you may use the pro-.
perty tor any purpose having immedi<
ate relation to military operations
The other is an exercise Of iudiciaA
power, by confscating perpetnaIly aH
Of q certain description. aE
though not at all within the range Of
your armies. A sentence Of thia na&
ture survives even after the entira
cause Of war is removed or it's objects
fully attained. Applying ii to ouf
own condition, even after the rebsllieIh
is crushed, and every citizen in th0
land has returned to his allegiance.
the sentence of confscation of theI
right Of property in four thousand
slaves, and the pledge of the army
ana navy to enforce the decree, re-
peat, is an exercise Of power wLich
tue Constitution has in tie most ex-
press terms denied to the Presidsnt.
and which certainly belongs to no
officer, whether a subordinate
OF q Generalin. chief. But more glar-
ingly still, it is an exercise Of political
sovereignty, not only by overturning
the existing laws ana constitutions Of
States, but also by preventing for ALI
time to come the enacting Of State
laws and constitutions which shall up.
4 Il
hold the institution Of slavery.
| am astonished that there should
be any misconceptton on the subject.
Lot US now for greater clcarness Of
argument take this day six months as
the period when the rebels will lay
Gown their arms and propose q sub
mission to the authority of the Union
under the Constitution. The war
thcroupon ceases, lite being wholly Ne-
moved and it's object accomplished
| think It will be admitted that the
war powers Of the Generals Of the Re.
public, including tho President as
General-in chief, will then come 10 an
end also. But the proclamation Of
the President having already taken
effect, those millions OF slaves are, d.
clared to be forever free. On the 9th,
er hand, there are the existing consti-
tutions and ordinances Of the States,
declaring them to be slaves. And.
there ia, moreover, the unquestionet
right Of the States to enact whatever
laws on the subject theirpeople dsema.
ed proper. But the proclamation abb.
|rogates all such ordinances and takes
from the people the right to. make
them for all time to come. ghak this
is not an exercise of the power Of seii.
zure which military officer may pos,
sees in time Of war;, but is an exercise
|of political sovereignty unknown
to the Constitution Of this countEy, :. no
man can be 80 blind as not to see., A
military necessity is sometimes tho
tetm used to Justify this extraordinary
this revolutionary assumptionof pow.
ler. The argument is too absurd for
refutation. A military necessity m
der the Constitution to verthrOv thu
Constitution and subvcrt the goverk-