The Big blue union. [volume] (Marysville, Kan.) 1862-1866, 1862-07-12

sV1~A 80 OAAUu - y was SuV tu0 A"oAA
tenance of the Constitution as it is," issued
by Fernando Wood and others, j. says
- Negatively, their cali carefully avoids all
declaration or implication Of support to the
federal administration. Positively, It in-
wolves a commit.al to that which cannot be
pledged wi,hou. crippling the power ofthe
federal government over treason; and it is
directly calculated to produce division of
sentiment and action at the North, which,
once consumated, would insure the triumph
of the rebellion. The attempt, therefore,
is prompted BY disafection, and deserves
the anathema Of every loyal man.
Hitherto j, has been a matter of general
congra.ulation. that in its present trials, the
country has had head so worthy of trust.
All classes have recognized in President
Lincoln acalnness of temper, soupdness
of discretion, a 6rmness of purpose, a
moral principle and patriotism, which,
in their combination, pre-eminen,ly quail.
fy him for the duties of his present posi-.
ton. That conviction. has been one main
source Of the collected energy and grand
confidence which have thus far borne the
country on to its salvation. There could
be no surer mode Of chilling the public
spirit, and breeding encouragement and
dissension, than by discredi.ing President
Lincoln and his Administrations. It is pre-
cisely that which the present schemers are
aiming to accomplish. The time has no,
yet come for them to take open ground
against the administration. A declared
movement of that sort just now would
tumble them heels over head, and they
know it. The people are in no humor to
stand anv such mischief-making.
=, 4
The call appeals to those opposed to the
further agitation of the negro question,
and in favor of the Union. as it was and
the Constitution as 1t is. The mischief.
lies in its being SO egregriously mistimed.
This war against rebellion could not be
maintained an hour on the principles OF
that call. The aoar po,oer would drop on
the instant. We don't mean the duty of
the President to enforce the laws, for that,
under the Constitution, he has sworn to DO;
but we mean the super. constitutional mill
tary powers which the exigencies of the
times have imposed, and which every con-
stitutional government under heaven has
been, on exrene occasions, Obliged to re.
sor to, in order 10 save itself from de.
struction. The war power is in its very
nature illimita ble-a, least has no re-.
straints but the laws of civilized warfare.
No civil barriers, whether constitutional or
other. can stand in its way. In virtue of
this power President Lincoln has suspend
ed ne newspapers or excluded them from the
mails, has kept civilians for months in
close custody, has superseded municipal
ard state authorities and put his own ap-
pointees in their place. has established new
tribunals, has in every sphere, when nec-
essary, used the power Of an autocra,.-
Granting that martial law may be found in
the Constitution. which is disputed, itA
not by martial law that these things b
been done; for they have constantly u
place where martial law has not been
claimed or ,hought Of. New York d.
has been The theater of many of the
acts. Chief Justice Tanney, the anointeN
guardian of the Constitution, declared in
his judgment in the case Of The bridge
burner Merrirnan that there is no constitu.
tional authority to hold any prisoner other.
wise than by the leave Of the courts un-
der jndical process or judicial Evidence
Therefore. if the written law is 10 be abb
ded by, Pierre Soule OF, any other civil
prisoner in Fort Lafayette, or Commo-
dore Barron or any other military prison
or on Governors Island. may to-day. on
constitutional principles, demand his re.
lease as having been deprived of liberty
without due process Of law" We advise
them to Try it. The getters-up of this
Cooper Institute meeting for ''lhe mainte.
nance of the Constitution as it il" will tut
be too happy to serve as their counsel
These gentry must have, too, the Union
as 1t ,oas. The Union as 1t scas designed
to be By its founders, would not content
them. They yearn for that restored order
Of things, whereis slavery shall again
control our judicial tribunals -shall again
lord it over our national councils-shall
again make the executive q mere lackey