Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-06-25

thls'laws equity justice, REASON OF G6dstf-
tuttonl care not WHAT'S IN the Gonstf-
tn1ion, plainly Writtensas it may be, for the |
hepeht and protection ef the people: Wheu- /
eEeranS poriionQf them refuse TO Be l5auqd
BY the other side of ii, and successfully ne
sist is execution for the time, then the 4
ighoIe Eogstitutioa Is dead to theie dead
by their own act andsn0t by that Of the
President.
lfit is unconstitutional under all circum-
stances to deprive any person of t'lite, liberty
or property, tCithont due pr0eess of l1iO;" If
this PARTICULAR clause of the Constitution
is tSe Law of the land for the use Of rsbelsiu
arms aud their emissaries, and consequent
~ paramount % the general principles 81
the Constitution which plainly implies that
ittis.nOtls W or.sueh q purposes then It is
pncOushtutiOnalt to resist this rebellion. at
ALL for it coRldl only be resistedieby MILF
tsry power and military resistance neees-
sarily takes lipes, liberty, and properly, lpitE-
oI,i any process Of law irhGtsper. ID
B But4Te might waive rnlI this, and admit
that this and kindred clauses Of the Con-
stituti0n were intended 10 be laws of the
land nnaer all possible circumstahces, and
toriRll people, Whatever their conduct may
be, and that the Constitution ContempIates
that the President shall always execute
them as we'll. as;all theTesidue and yet,
N ignOriRga them IN 1aeE tine az taiS, he
does NOT pioEqte tie Gonstituti5l5 5Ifsthera is
any violation about it, 1t violates ITSELF
Uuder this construction itfregnires Of him
imposst bilihess which cannot be binding.
II requires of him defense and protection
to itself; and itssWearsl or affrms him to
render such defense aud protection, not to.
q particular clause OF a few clauses, or half
Of it, but all of it, The literal execution,
of the clause which we have been paFticn-
larry considering, during the past year,
would have prevented any military resist.
ance to the rebellion. Without such
EsSistepee, JET Davis would long 'ere. this
have been inaugura3ed at Washington as
Preside1t Of the DATED States under his
'improyed" Constitution; and the Consti-
tatioR OF ouFfatheFs, which semi traitors
have been so over zealoGsto save ffomdam-
age at the hands of its real friends, Wbnid
have been annihilated forever. Here, then.
is dilemma, Of which the President must
choose one horn or the other. The Con-
sutution requires him to put down the fe-'
bellton and save the whole Constitution !:
and 1t requires him to execute particular
provision, which will destroy the whole
| Under the sanetity of his official oath he
must choose between these two REQUIRE
meuts. 1t is clearly tmpos sible for him To
respond to both. Now, whichsisthe high
er constitutional duty, TO LET the whole
Constitution go by the board, or To sS5peiid,
for the time, some particular poFti6Hstof
it-not destroying even them-thls pre-
/ serving the wh0le2 se9a 100 - sss5'
%q#+ = We are in state of actual
war; and the government is entitled 10 ali
the incidents of war In sIppressing the re-
bellion. War is not the ADMINISTRATION
civil laws and constitutions, bnt an appeal
from them to higher power. Why have
we'made this appeal2 Because the Con.
| stitntfou and the civil laws have failed to-
effect tie object In view. Var edfn0t tds
carried on by ciUl lGivs.. Our army of half
ambition men, carrying with them the civil
laws, could not Tor a moment prevent th e
rebels from sei8ing our seat of government
and administering their bastard govern
ment throughout the Union. Hdf, thETe.
fore, has LalsS Of its Oi0h high db65e tte chill
tGtrs; above them because its mission
Is higher-the achievement Of pIrposes
which civil laws and Constitutions cannot
reach. If, then, we appeal upwdrl4rot
1 dowuWard-to the war pOwOr Of thcndtibn
lt0iput down arebelli0n, it would be sole.
cism to say that this higher power, In the
lprosecutiou OF Its work, must be subbfdi.
nate to the power appealed from. The Con-
stitution and eipR td.O, therefore, being SUI
l perseded for the time, by the higher power
OF war, merely letttn the, back ground, s1s-
4 pended, It is no violation of them for a
Commander-in-chief to ignore them All
this, too, is in perfect harmony with the
4 'GonstitutiOn itself. II provides that re.
ibellion shall be put down by military
poweri It sweafs the President to mt Il
ldownif he has the ability; 1t makes him
4 the chief Of the army snd
navy for that purpose, aud there ii leaves
him. - #llf ll4 81
4 The Constitutions swears the aPfesident
to protect and defend It 10 thsn6est Of his
ability. To This end It Is Indispensable
that he put down this rebellion If he has
| .the, ability to doit-not IL he can do it by
Observing some particular clanFe of the
ICbnstitution, the execution oftwhich win
llgreatly a6ridge his ability 70 do this great
4 G0nstitutional work. This great primary
duty, then, involves the .correlatiyc tlutyiof
4 doing everything that he has the ability to
4 do that tends la any degree to suppress
the rebellion. Aud in the most perfect
harmony with this principle the GOnstitll-
4 ton makes him tie sole representative of
1.-The national sovereignty in the work of
suppressing rebellion; empowering. him 10
do whatever the nation has right 10 do
Tor selt-deienee and REPRESENTATION, on
the principles herein before eluctda
Sueh7are the reasons why he may Consti-
tuttonally shoot down rebels by the 'th6h-
sands without due process Of law while
q single clause of the Constitution, OF it,
self, implies that that shall not DO DONE
They are in his way in the execution Of his
primary duty Of protecting the Constith-
ton and as the nation has the right to
1.put them ont of the way to save its own
life the Gommander-in.6 Chief is the agent
to do it. ROD s.isEs a5aag 3 "a Is.
That Is the sort otthing We endorse, and
it's just the sort of thing, the Pssss does
not endorse, and is yet afraid to dissent