Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-11-13

the Constitution had provided that a con-
msnder-in-chief should be appointed by Con-
gress, his powers would have been the same
as the military powers OF the President now
are. And what would be thought by the
American people of an attempt by general
in-chief, to legislate by his DEGREES, tor the
people and the States.
Besides, all the powers OF the President are
executive merely. He cannot make law
He cannot repeal one He can only execute
the laws. He can neither make, nor suspend
nor alter them. He cannot even make an
article OF war. He may govern the army
either by general or special orders. but only
in subordination TO the Constitution and laws
OF the United States. and the articles ct war
enacted by the legislative power
The time has certainly come when the peo-
pie of the United States must understand,
and must apply those great rules Of civil lib
erty, which have been arrived at by the self
devoted efforts of thought and action OF their
ancestors. during seven hundred years of
struggle against arbitrary power. Ii they tail
to understand and apply them, if they fail to
hold every branch of their government stead
lily 10 them. who can imagine what is TO come
out of this great and desperate struggle
The military power OF eleven or these States
being destroyed-what then? What is 10 be
their condition? What is to be our condition?
Are the great principles OF free govern
ment to be used and consumed as means of
war? Are we not wise enough and strong
enough to carry on this war TO successful
military end, without submitting to the loss OF
any one great principle of liberty? We are
strong enough. We are sriSe enough. If the
people and their servants will but understand
and observe the just limits of military power
What, then, are those limits They are
these. There is military, and there is mar
tiai law. Military law is that system OF laws
enacted by the legislative power for the gov
ernment OF the army and the navy of the
| United States. and OF the militia when called
into the actual service of the United States
1t has control whatever over any person
or any properly of any citizen. Ii could not
even apply TO the teamsters OF an army, save
by force OF express provisions OF the laws OF
Congress, making such persons amenable
thereto. The persons and the property OF
private citizens OF the United States. are as
absolutely exempted from the control of mill
tary law as they are exempted from the con-
troi OF the laws OF Great Britain
! But there is also lIarim lar What Is
this r 1t is the will of military commander
operating without any restraint, save his iudp-
ment, upon the lives, upon the property, upon
The enlire social and individual condition oi
all over whom this law extends. But, under
the Constitution of the United States, orer
,chom does such td,o eriend!
i Will any one be bold enough TO say, in
view OF the history OF our ancestors and our
selves, that the President Of the United States
can extend such law as that over the entire
country, or over any defined geographical
part thereof, save III connection with some
particular military operations which he is car
rylng on there? Since Charles /. lost his
head, there has been no king i'm England who
could make such law in that realm. And
T where is there TO be found, in our history, or
our constitutions, either State or national, any
warrant for saying, that President of the
+ United States has been empowered by the
Constitution to extend martial law over the
whole country, and TO subject thereby TO his
military power, every right OF every citizen !!
lie has no such authority.
In time OF war, military commander,
whether he be the commander-in-chief, or
t one OF his subordiuates, must possess and ex-
f crcise powers both over the persons and the
property of citizens which do not exist in
time OF peace. But he possesses and exer-
t cises such powers, not in spite OF The Constitu-
ton, and lars Of the United States or IN dero-
CATION from their authority, bat ia oirtue there
Of, and m strict suJOrdindtion thereto. The
/ general who moves his army over private
property in the course OF his operations In the
held. or who imprcsses into the public service
means OF transportation. or subsistence, 70 en-
able him to act against the enemy, or who
seIzcs persons within his lines as spies, or de-
stroys supplies in immediate danger OF falling
5 into the hands OF the enemy, uses authority
; unknown to the Constitution and laws of the
| United States in time OF peace: but not TN
/ known TO that Constitution and those laws in
time Of ,car. The power to declare war, In
cludes the power TO use the customary and
} necessary means eflectually to carry it on
As Congress may institute state OF war, il
may legislate into existence and place under
executive control the means for It's prosecu-
| ton. And, in time o. war without anv special
legislation, not the commander-id-ciief only
, but every commander of an expedition or OF
a military post, is lawfully empowered by the
Constitution and laws OF the United States
, 10 DO whatever Is necessary. and Is sanctioned
{ BY the laws of war, to accomplish the lawful
| objects OF his command. But it is obvious
that this implied authority must find early
DiiillS SOincWbcfe III III were admitted that a
{ commanding general in the field might do
whatever in his discretion might be necessary
TO subdue the enemy, he could levy contribu-
: tions to pay his soldiers; he could force con-
t scripts into his service; he could drive out O.
the entire country all persons not DESTROYS to
; aid HMM short, he would be the absolute
uuaster of the country TOR the time being
4 No one has ever supposed-no one viii now
undertake to malntain-that the commander
in-clicf. in time OF war. has any such lawful
authority as this.
What, then, is his authority over the per-
, sons and property OF citizens? / answer
that. over all persons enlisted in his forces, he
, has military power and command; that over
D all persons and property Ecithin the sphere 0,
1 his actual operations IN the .feid. he may law.
fully exercise such restraint and control as the
5 successful prosecution of his particular mill.
tary enterprise may, in bis honest Judgment
: absolutely require; and upon such persons as
have committed offenses against any article oi
5 war, he NAV, through appropriate military
t tribunals, infict the punishment prescribed by
S law. And there his larfI authority ends.
5 The military power over citizens and their
property is a power TO act, not a power 70
prescribe rules for .fix'ure action. I. springs
: from present pressing emergencies. and is