The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1862-11-27

, " 80 SNN'o OSNupy III tne Helu
/, We hope not; nay we feel assured not
: for it is impossible that wrongs so gros
should be committed with the consest o
our military authorities, The reputation
OF our army demands that these evils be-
promptly remedied.
pa
uion. THEoPHmUs PARSONS, an able
New England jurist, whose decisions are
quoted in all our courts as of high au-
thority, takes the following view of the
Presidents Emancipation Proclamation.
de justifies it solely on the ground that
it is military act;
There are three questions concerning
the Presidents Emancipation ProcLama7
uon. One, has he constitutional power
TO issue 1t as civil, political, or admins
trative act The second was it expe-
dent ? The third, has he constitutional
power as Commander in Chief to issue IL
at this time, as military act? ...
These questions are perfectly distinct
one OF the most common and most fruit
ful causes Of error, upon all subjects, is
the mingling of questions which are dis
tlnct in themselves but so near each other
that they confuse each other.
Judge Curtis mingles these questions
so entirely, that no study of his pamphlet
enables me to see clearly as to much of
his argument upon which of these ones |
tions it is intended to bear.
Let us separate these questions
am sure that the President has no
power to emancipate single slave as
civil, POLITICAL or administrative act
Was it eXpedient? | leave this opas-
ton to the President. For he is honest
ne is capable; he has considered the
question long, carefully and painfully
and in all the relations in which il can
present itself However wise NAV he
or Judge Curtis may be- on this subject
the President must be wiser, or all rifles
of probability fail.
As to the remaining question. 7 have J
not the slightest doubt of his constitn- :
tonal power as COMMANDMENTS Chief to II.
issue this proclamation as a military act !,
1t Halleck, when before Corinth. might
nave sent force hundred miles TO =
catch and bring into his lines hundred
negroes, with the wagons, horses. and b
provisions they were bringing TO Beam v
egard, the President and Commander v
n Chief, sitting in the center with wider o
iews, wider necessities, and wider "
lghts 10 meet those necessities, may, if n
le can, prevent the whole mass of slaves N
rom laboring to feed the rebellion. He 10
nay, ii he can, by the danger of insur- 1t
ectlon, or of starvation, or of loss of pro- al
erty, dishearten the rebels and drive m
heir armies home. We
10 say otherwise would be to saw that u
e might strike at rebellion, but must he til
areful not to strike away its corner W
one. .. m
Can he do it in fact? This question pc
uches the expediency of the measure. Il
I'd this leave to him. But it does not bl
UGH his military right to threaten it, and tn
} it if he can. = to
Judge Curtis speaks much and elo- al
lentiy OF the Presidents right to inilict op
'enalty and punishment" and the
gifts of the Rebels to the protection of pr
e law. is
Rebellion has no right. If rebellion i'm
cans anything it means the renuncia- do
IN ana destruction of all law. And VIC
eretore it is accursed before God and ella
m inl
No rebel has any right, a regard TO ter
llch should weaken or obstruct anV so
lltary measure needed TO subdue the
oellion.
Judge Curtis's argument would give -.
D constitution and the law TO the rebels. a Mh,
their sword TO smite with and their ' 'n'
eld to save them, and leave it to az 81,
ly as q father. inc
Then he tells us the innocent must snf- pa.
with the guilty. This is true and il s an'
sad But when the mingled fire and s sia
Il 81 Gods vengeance run along the a..
'und, they pursue no devious path that I'i'
" may leave the homes of the innocent ,'''
harmed; for when national sins bring ''"l
ioual calamites, the innocent safer a., an.
Ia the guilty This may be one of the '1o
steries Of Providence; it is at ali s" r''
nts fact And what has been will rot
-----.p.---- par
l SOLDIER in one Of the hospitals, who crir
Loo hRI