The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1862-10-23
The Proclamation AN Exercise
Oat2le war Power.

The Harrisburg Telegraph, adverting to
the Emancipation Proclamation Of the
President, says: There can be no ques-
ton as to what the proclamation must
rely upon for its chief Justification. The
issuing Of the proclamation was an act
performed III the clear exercise of the war
power. Hence we find Mr. Lincoln, In
the very outset OF the instrument, desert
bing himself as Commander-in-Chi of
the army and navy. He clearly under
stood the act as being performed bv him
in that capacity. 1t is upon this ground
that the strongest friends Of the Presidents
new policy vindicate the act. AS such we
fad such men as Joseph Holt, and many
OF the ablest constitutional lawyers Of the
country, ralying to its support.
For ourselves, we have no doubt that,
without any Legislation by Congress upon
the subject, the President had the unques-
tionable authority to go Just as far as he
has done Being at the head Of the army,
he had, without any kind OF question, the
| same power which General in the field,
within his imme4Iate jurisdiction, would
have to take, use or destroy an enemy's
property. Slaves are the property Of Il
public enemy. If we admit that slavery
is the cause of the rebellion, this PROPOSE
tion cannot be gaiusayed. Who pretends
that Gen. VI 'Clellan, Gen. Grant O.. zen.
Buell. receives any power from Congress
to confscate the effects of public enemies,
so far as needed for the use of their ar
mics, and as may be deemed necessary for
the service, additional to what was already
conferred upon them by international law?
Congress appears not to have assumed
to make law upon this subject 1t will be
observed that the language employed in
the acts of March l3, 1862, and July II.
treats the right of ,,onfscation and liberia
I ton of slaves as already established
Congress simply provides for the enforce
ment of this right, by prescribing penalties
for its non-obssrvance by our Generals
Take, for example, the act Of March l3,
entitled .An act to make an additional
article Of wa-." 1t is as follows
BE 1t enactcd By The Senate and House
of REPRESENTATIVES Of the United States IN
Compress assembled, That hereafter the fol
lowing shall be promulgated as an addi-
tional article of war for the government
of the army Of the United States, and
shall be obcyed and observed as SUCH
"Article l. All officers or persons in
the military or naval service of the United
States are prohibited from employing their
forces under their respective commands
FOR the purpose of returning fu2itives from
service or labor, who may have escaped
from any person to whom such service or
labor is claimed to be due, and any officer
who shall be found guilty by a court mar
tial of violating this article shall be dis
missed from the service"
Remember that this act is aDtecedent
to the confiscation bill, or any other Con
gressional legislation looking to the liber-
alton of any slaves, except in the District
of Columbia. Hence, it will be seen that
Congress went upon the idea that the
slaves of rebels were already free-inade
so by the retellious conduct of their mas
ters, and our generals, from the President,
the Commander in Chief, down, had a
perfect right to so treat them.
1t is useless, then, to talk of further
Congressional legislation to give force or
vitality to the Presidents proclamation.
Some of the men who look SO much to
this legislation, will next propose that
Congress should revise or dictate the or
der which it may become necessary for
every Major General hereafter to Issue.