Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1862-11-05
COUNCIL BLUFFS IONA sgDkEsDAf, AoyEsBe,g 8, 1869


n. - ! :
eas " - sannsy a .ysxss ts 4
Saasaa, faF@sElg 9Rs o& ~ Jastieas ii
saas Sppxsme Goess pf abs Naisea ssases
Rsxhage 30 one las eyer aeeApfes d sas
- sAs bsaeb sf shas coass has wsa In =
seFss . tsas, = egsasbls . rspstsssos
- he, = :
| He .ass jass pablishsJ 40 eplaion %
The proclamation Qf khs Psesl9sas amaa
slpssiDg tbs slssss aud saspesassiag saa
ssss 96 Asesss 1ssPMs. Ms ssgaEaaat i
slaborste, sempegaks, geaEnea aaa eaaJ
aasire. IL sSFssa tLe stple Gkanad. i
Hs denies - pssss ~ sss President
% gcasssaasr, -ahiss 10 change shs
status Vt slAEss By groala4naloa Or -
bring al s1s psepls ef che United ssasas
under martial law aamlnissArad at bis
can aasasssssas IL sAs PFasaasas saR -
shAg he san arrest and paalsh JaAsm 9ox
sa3azsl desisisss, 80 j saassss 80 -
faann16ksas k0g w0kzs spsksa ID a
Ihe Executive pewss gives TO tbs Pgaai-
aasss 30 s3oh susAosisy as In sAsss pgsss
laaatsozas be las assumed 20 agepesses
Meshall palalsA d fall aistsass Of thia
opaaiou, II not shs opinian nc Iengsh.-
Judge castis could not have mAds mess
Falaabls contributions to the country. 30
clear and satisfactory "A exposition OF
las powers Of she Presidans 20 his sensss
and daty, II cannot fail to excite he pop.
ular 4leEm a. to the safety Of pahie lib |
ezty.
We mass eontenk ourselves this Eaorns |
ing wfsh q brief extract from that part
q she opinion which treats Of the power
Of the President to declare martial Iaw
ever the whole country -:s%
"S bat, then, is his fthe Pregfdent'al
authority oFeg the persons and property
aF eitizen's? | answer, that over ali
Psssons enlisted IN his forces be has mil
tary power and command that over all
persons and property trithin the sphere
d ht8 actual operations In the fggd, be
nay ia"fuily exercise such restraint and
control as the successful prosecution of
lis particular military enterprise may.
n his honest iudgn enl, absosntely re-
Iuire; and upon sueh persons rs have
ommitted ofenses against any article of
var, he may, through appropriate militia
y tribunals, infict the punishment re- d
aired BY law. A"d hs's his Iaa0G4!
itathority ends. :
The military power over citizens and &
hslr property 10 8 power 70 act, not A :
.oweF % prescribe rules for f4tnrs ac- !
ion. II springs from present pressing t
meFgencies, and is limited by them. ie 3
annot assume the functions OF states c
aan Or legislator, and make provisions
Or future or distant arraHgeme ents bv
.hieb persons or property may be made a
3ossTT.sBt to military uses. IL is The il
qysicai force OF an army in the field, G.
lat may control whatever is so near ms a
De actually reached by that force, in c,
-der TO remove distractions to it's ex- :,
-eise. 81
~Bat when the military commander v
'ntrols the persons or property of eiti- a
ins, who are beyond tie sphere of his ol
''nai operations in the ield, when b. a
a&ss laws to govern their conduct, b. le
'eoHaes legislator. Those laws NAV "
: actually operative, Obedience 10 them &C
ay be enforced by military pswor: 81
eg pnEpose or effect may be saEIy to n,
oruit or support his~AEmies, or to wea- r
4 the power Of ths enemy with whom i,
Is contending. Btst he - legislator Of
u j; and whether his ediets are clothed sh
the form Of proclamations, or Of mil pr
~ orders, by whatever name they NAV 90
called, they are laws. Ii he mas the A.
yisishge power eonfsrred on him By tie A.
ople, IL is veil. Ii not, he usurps 1t. th
- He has no mere lawful authority 10 if,
Id all the citizens Of the entire country,
tside Of the sphere Of has actual ope-
liens IN the field, ameniable &c bis mil u
ry edicts, than be has tc hold all the -
!perty Of the country subject to his re-
lltary acquisitions. He is not the mil st'
~ commander Of the citizens Of the a.
ited States, but of it's soldiers" Q.