The Portland daily press., 1862-10-18

has authorized the calling forth of the militia
to enable the President to suppress the rebsl-
| lion, and execute the laws. The navy is on
the waters; and the army and the militia are
| in the field.
The Constitution makes the President "the
Commander -in-chief of the army and navy of
the United States, ard of the militia of the
several States, when called into the actual SER
vice of the United States,' and requires him
to take care that the laws are faithfully exc
cuted." How shall he perform this duty?
How shall he suppress the insurrection? 1t
would seem plain, that those who made the
Constitution, intended he should do it through
the army, the navy, and the militia. How
shall he do it through these instrumentalities
Shall he use cannon, rifles, muskets, pistols,
swords. bayonets, shot, shells, powder, and
balls? Shall we fire upon the rebels? The
Constitution does not in terms say he may.
But unless he can do this, the, army, navy and
militia can render him no important service in
suppressing the insurreetion. May he point
his guns to any point of the compass and take
the lives of the rebels? The Constitution does
can do that, the army, the navy, and the mill
tia cannot aid him in suppressing this insurrec-
ton.
The rebels have "levied war" upon the
United States. The Constitution and Con-
gress have placed the army, the navy, and the
militia, under the direction of the President,
to defend the Government, and put the insur-
De-. a..
terms given the President no directions how
he shall use these instrumentalties; whether
he shall arm them; how they shall be armed;
nor whether he shall fire npon the traitors
The Constitution declares that "no person
shall be deprived of life, liberty or property,
without due process. of law If this provi-
sion is applicable to state of war, then the
President cannot fire upon the rebels at ALL
If he fires upon them he will be likely to take
life without due process of law. We think
the foregoing provision forms no restraint up
on the President in time Of war, but only in
time of peace.
As the Constitution charges him to put the
rebellion down, and see that the laws are ex-
ecuted; as Congress and the Constitution have
placed the army, the navy, and the militia,
under his sole direction for that purpose; as
he cannot put the rebellion down, and cause
the laws 10 be executed, nor make any move
ment in that direction, without employing the
army, the navy, and the militia, according 10
Metdics Of ocar; as the army, the navy, and
the militia, when employed according to the
laos Of acar, are the proper instrunentaties
for suppressing the rebellion; as no express di-
rections are given to the President, and no
limits placed upon his judgment as a command
er, as TO the manner in which he may employ
the army, the navy, and the militia for that
purpose, we come to the conclusion, that the
Constitution, by implication, authorizes him
to use those instrumentaties at his discre-
ton, according TO the la,cs of ,car in order
TO suppress the insurrection.
In time of peace he cannot take life, liber-
ty, or property, without due process of law,
because the Constitution forbids it. In time
OF war he may use the army, the navy, and
the militia, according 10 the la,os of acar,
with all the arms means, and implements of
war, TO suppress insurrection, or repe inva-
sion. He may take life, liberty, or property,
without any process of law. The Constitu-
ton authorizes it. This is what he is con-
stantly doing with the army. Everything that
stands in the way, and prevents the President
from executing the laws, must be swept out
Of the way.
He may take from the enemy cannon, rifles,
guns, swords, pistols, shot, shell, powder, balls,
horses, wagons, beef, pork, corn, flour, any
thing that is used to feed, nourish, and sup
port the rebellion Whatever he may take
from them never goes back. 1t is all confs-
Gated according to the laws of war. If the
negro slave is to be regarded as property, then
he may be taken and confiscated according to
the laws of war.
1t is said there are Union men in the rebel
lious States, and that the President cannot
take their property. That was the position of
Kentucky and Maryland at the beginning of
the war. Kentuckians said the President
should not march his armies through their ter
ritory. In Maryland it was said the Union
soldiers should not go through Baltimore
Time has changed all that. As the President
is bound by oath to put the rebellion down, he
through Baltimore, through the farms of I'M
ion men, and wherever he finds it nesessary to
go, in order to perform his constitutional du-
ty. In so doing he invades private property.
The Constitution gives him the power At
the same time it declares, that prioate proper
ty shall not be so taken for public use, Nth
out Just compensation"
1t part of the army shall be so situated,
that they cannot be fell without taking the
private property of Union men, and they re-
fuse to sell the food, the constitution author
iZes the President to take as much as is neces-
sary. AT the same time it secures the owners
'just compensation" So if the slaves are
wanted or if they stand in the way of the exc
cution of the laws, in the light ofproperty,
they may be taken. The constitution gives
the power. AT the same time. if the slaves of
any loyal men are taken and emancipated,
without their consent, the Constitution secures
them a '.just compensation"
But the Constitution regards the slaves as
persons and not as property. AS such they
may be taken and emancipated by the military
power of the government. There are some
white men that are Unionists in the rebeious
States. Some of these have been impressed
into the army against their WILL These may
be taken as captives. Although prisoners may
hn hnxy xral,.. L. n.