Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-10-31
m. m,IIteyv Power OF IN . president


the miIItaYy Power OF tine Pre'Adens
An able and lucid exposition Of this subject
has been lately presented 70 the public In 0
pamphlets written by Hon. BEEsAnIN R,CuAris,
Of Boston. late judge Of the U. s. Supreme
Court, and the author of the celebrated dissent
Ing oplncnin the Dred Scott case.
Judge CURTIS demonstrates clearly that there
must bo limitation somewhere 10 the power
Of the President as CommandeF-in Chief OF the
army and navy Of tho United States, else the
Federal Constitution and laws aswell as the
State Governments, are virtually ahrogAted, and
We have passed under the absolute control Of a
Military Dictator or Despot.
1t il cl aimed Tor the President that he may,
as Military Commander, resort to any measure
he may deem necessary or expedient to put
down tho rebellion. But this Is giving into the
hsndsof one man absolute power over the lives
and property of the citizens. He may Judge
Unnecessary and expedlent FOR the suocesslul
aud vigorous prosecution of the war, to abolish
In several or all the States the civil relations
of master and apprentice, Of guardian and ward.
and even Of parent and child. He may levy
contributions from private citizens in every
State, make conScriptons, and suspend or abol-
ish tho judicial tribunals. The suppositiOn
that the President possesses such power In
timo of war any more than 10 time Of peace, is
manifestly absurd There is, then, some other
limit to his military authority as Commander
In Chief than his mere judgment or discre-
tioo.
Judge CURris shows coucasisely where this
limit is. II 10 In the Constitution itseli, which
the President Is sworn to "preserye, protect and
Defend" and by which he is as much bound in
time Of war as in time Of peace. Il is true he
can constitutionally do thiBgs in war that be
cannot do in peace; but he can only perform
these things by virtue of the power conferred
on him by the Constitution, which makes him
"Commander Chief of the army and navy OF
the United States and of the militia of the
several States, when called into the actual ser
vice Of the United States." But the power
here conferred is not that Of an absolute Mill
tary Dictator over the whole country, but Of a
mere General-in Chief Of the army. Il might
have been conferred on some other officer In
the army or navy as we'll as on the President.
Had 1t been so conferred that General HALLEcK
had been, instead of President LINCOLN, Com
msnder-in- Chief, would it be pretended that he
had power above and beyond the Federal Con-
stitulion and laws, that he could set aside
State Constitutions and laws, abolish state In.
stitutions, and suspend the privilege of the
writ Of habsas corpus throughout the entire
length aud breadth Of the land2
Judge CURTIS establishes beyond controversy
that ihe President cannot, as Commsndsr-lD.
Chief, do single act which mere General at
the head Of the army could not have done, had
the Constitution conferred the chief command
of the military and naval forces on the latter.
The President in his capacity of Commander
in.Chief is mere military and naval officer,
and nothing more. Beyond that he has no
power. He cannot make, repeal, or "modify"
single clause in the military Law. He cannot
even make a new article of war The power
of the President az Commander in Chief. like
his power as civil officer, is alike in peace Or
war, merely executive. He Is in his military
capacity commander of the soldiers, and not Of
the citizens Of the United States, and over the
.loldiefs he has no power, except what is con-
ferred by the articles OF war enacted by Con-
greas.
} The Preaident, so far firm being placed
above the Constitution and the laws, Is az
much subject to them ss the poorest private
citizen. AZ Judge CURTIS demonstrates, the
President has no right to assume in smsncips-
tion and martial law proclamations. that he is
superior to the Constitution and the laws; that
he can set them aside whenever, In his individ-
usl judgment, the success Of our arms would,
In any degree, be promoted thereby; that he,
who cannot even make q new article of war for
the government of the army within the militia
~ lines, has power to make rules having the
force of laws, extending over whole States and
entire sections Of country not the scene of mil
isary operations; rules whose subject matter is
not military operations, but civil relations;
rules providing for distant events and parsak-
ing Of the character Of legislative ensetments
suoh an assumption Of power (however honesty
would be plain usurpation.
We annex the closing remarks Of Judge
CURTIS in the pamphlet alluded TO:
What then is to be donei Are We to cease
our utmost efforts to save our country because
its Chief Magistrate seems to have fallen fot
the time being into what we believe would be
fatal errors If persisted in by him and acquescsd
in by oursel7es2 Certainly not. Let the people
but be right aud no President can long be wrong,
nor can he effect any fatal mischief II he should
be.
The sober second thought of the people has
yet controlling power. Let this gigantic
shadow, which has been evoked out of the pow
ers of the Commander-in.C Chief, once be placed
before the people, 60 that they can zee clearly
its proportions and its mien, and It will dissolve
and disappear like the morning cloud before the
rising sun.
The people yot Can and will take care, BY
legitimate means, without disturbing any prin
ciple of the Constitution, or violating any law,
or relaxing any of their utmost efforts for their
eountry's salvation, that their will, embodied
in the Constitution, shall be ebeyed. II ID needs
amendment they will amend It themselves -
They will suffer nothing to be added to It or
taken from il by any other power than their
own. If they should, neither the Government
itself, nor any right under 1t, will any longer
be theirs.