The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-11-07

country. / have nothing but my country
for which to act, in any public affair; and
solely because l have that yet remaining,
and know not but it may be possible, from
my studies and reflections, to say some
thing to my cOuntrymen which may aid
them to form right conclusions in these
dark and dangerous times, I now, reluc-
family, address them
lido not propose to discuss the question
whether the first of these proclamations of
the President, if defnitively adopted, can
have any practical effect on the unhappy
race of persons to whom it refers; nor what
it's practical consequences would be, upon
them and upon the white population of the
United States, if it should take effect; nor
through what scenes of bloodshed and
worse than bloodshed, it may be, we should
advance to those final conditions; nor even
the lawfulness, in any Christian or civil
lied sense, of the use of such means to at
tain ana end.
If the entire social condition of nine
millions of people has, in the providence
of God, been allowed to depend upon the
executive decree of one man, it will be the
most stupendous fact which the history of
the race has exhibited. But, for myself,
do not yet perceive that this vast RESPONSE
bility is placed upon the President of the
United States. | 40 not yet see that it
depends upon his executive decree, wheth-
er servile war shall be invoked to help
twenty millions of the white race to assert
the rightful authority of the Constitution
and laws Of their country, over those who
refuse to obey them. But l do see that
this proclamation asserts he pu,ce, Of The
Ececutice 10 make such Decree
l do not yet perceive how it is that my
neighbors and myself, residing remote from
armies and their operations, and where all
the laws of the land may be enforced by
constitutional means, should be subjected
to the possibility of military arrest and i'm
prisonment, and trial before military COM
mission, and punishment at it's discretion
for offences unknown to the law; a posi-
bility to be converted into a fact at the
mere will of the President, or of some sub
ordinate officer, clothed by him with this
power. But 1 do pe,'ceire that this E.cec-
Miee pOUer is asserted.
am quite aware, that in times of great
public danger, unexpected perils, which
the legislative power have failed to provide
against, may imperatively demand instant
and vigorous executive action, passing be-
yond the limits of the laws; and that when
the Executive has assumed the high re-
spOnsibility of such necessary exercise of
mere power, he may justly look for indem-
nifty to that department of the government
which alone has the rightful authority to
grant it; an indemnity which should be
always sought and accorded upon the
cleoreSt admission Of legal ac,ong, finding
its excuse in the exceptional case which
made that wrong absolutely necessary for
the public safety.
But find no resemblance between such
exceptional cases and the substance of
these prOclamatiOns and these orders.
They do not relate to exceptional cases
they establish system. They do not re-
late to some instant emergency-theyc COW
er an indefinite future They do not seek
for eXcuses-they assert powers and rights.
They are general rules of action, applica-
bic to the entire country. and to every
person in it; or to great tracts of country,
and to the social condition of their people:
and they are to be applied whenever and
wherever and to whOmsoever the Presi-
dent, or any subordinate officer whom he
may employ, may choose to apply them.
Certainly these things are worthy of the
most deliberate and searching examina-
ton
Let us, then, analyze these prOclama-
tons and orders of the President: let us
comprehend the nature and extent of the
powers they assume. Above all, let us
examine that portentous cloud of the mil
itary power Of the President, which is sup
posed to have overcome us and the civil
Liberties OF the country, pursuant to the
will of the people, ordained in the Consti-
tuition bec0use ,re IRE IN Il stftte Of eret1.
And first, let us understand the nature
and operation OF the proclamation of eman-
clpatlon, as it is termed: then, let us see
the character and scope of the other proc
lamatiOn, and the orders of the SECRETARY
Of War, designed to give it practical effect,
and having done so, let US examine the
asserted source of these powers
The proclamation of emancipation. if
taken to mean what in terms it asserts. is
an executive decree, that on the first day
of January next, all persons held as slaves,
within such States or parts of States as
shall then be designated, shall cease to be
lawfully held to service, and may by their
own efforts, and with the aid of the mill
tary power of the United States, vindicate
their lawful right to their personal free
dom.
The persons who are the subjects of this
proclamation are held to service by the
laws of the respective States in which they
reside, enacted by State authority, as clear
and unquestiOnable, under our system of
government, as any law passed by any
State on any subject.
This proclamation, then, by an execu-
tive decree, proposes to repeal and annul
valid State laws which regulate the domes-
tic relations of their people. Such is the
mode of operation of the decree.
The next observable characteristic is,
that this executive decree holds out this
proposed repeal of State laws as threat
ened penalty for the continuance of gov
erning majority of the people of each State,
or part of State, in rebellion against the
United States. So that the President