Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-11-06

The Constitutionhiity of Emancipation.
The right and province of the President
to issue the emancipation proclamation Is
very clearly set forth by Chief Justice
Parsons, Dane Professor In the Cambridge
Law School, in reply to the pamphlet Of
Judge Curtis, in which he attempted to
prove it unconstitutional. His opinion we
give below;
d" To The Editor oft Bo5tsH Daily Ad-
UeTtissT There are three questions con-
cerning the Presidents Emancipation Pro-
clamation. One, has he q constitutional pow
or TO issue it, as civil, political or admin
istratiye act? The second, was it expedi-
ent2 The third, has he constitutional
power, as Commsnder-in-Chief, to Issue It,
~ this time, as a military act?
"These questions are perfectly distinct
One Of the most common and most fruit
full causes of error upon all subjects is
the mingling of questions which are dis
tinct in themselves, but so near each other
that they confuse each other.
GJudge Curtis mingles these question sc
entirely, that no study of his pamphlet en-
ables me to see clearly, as to much Of his
argument, upon which Of these questions
it is intended 10 bear.
"Let US separate these questions.
al am sure that the President has nc
power TO emancipste q single slave, as a
civil, political or administrative act.
"Was it expedient2 leave this ques-
ton 10 the President. For he is honest
he is capable; he has considered the ques-
zion long, carefully and painfully, and in
all the relations in which 1t can present
itself. However wise may be, or Judge
Curtis may be, on this subject, the Presi.
dent must be wiser, or all rules Of prObs-
bIlity fail
AS to the remaining question, I haVt
| not the sEghtsSt do1s5t Of his eo7shtEtS0"aI
poveT, az Commander tn Chisf, 10 iSsus th!'
proclamation as IN litayy act.
II Halleck, when before Corinth, nigh
/ have sent force hundred miles TO catet
md bring into his lines hundred negroes
with the wagons, horses and provision
ihev were bringing 10 Beauregsrd, the
/ President and Commander-in Chiet, sitting
in the center, with wider views, wider no.
| ressities, and wider rights 10 meet those
necessities, may, If he can, prevent tbs
whole mass Of slaves from labOriEg 10 feed
the rebellion. He may, If he can, BY the
danger Of insurrection, or Of starvation, OF
Of less Of properly, dishearten the rebels
and drive their armies home.
UTo say otherwise, would be to say that
he might strike at rebellion, but must be
careful not 10 strike away its cornerstone
HCan he do 1t in faot2 The question
touches theexpediency Of the measure, and
his leave 10 him. But il does not touch
mis- military right 10 threaten il, and do Il
if he can.
Judge Curtis speaks much and elo
uuently of the Presidents right 10 indlct
penalty and punishment and the right:
of the rebels to the protection Of the Law
"Rebelliou has no rights If rebellion
means anything, it means the Remuneration
| and destruction Of all law. And, therefore
It is accursed before God and man.
"No rebel has any right regard tC
which should weaken or obstTuct any mil
itary measure needed 20 subduo the REBEL
lon.
"Judge Curdss argument would give
the constitution aud the law TO the rebels
as their sword TO smite with, and theil
shield 10 cave them and leave 1t to US on
/ ly as fetter.
{" Then he tells US the innocent mus
suffer with the gully. This Is true and I
Is sad. But wheu the mingled fire and hal
of Gods vengeance run along the ground
they pursue no devious path that they may
/ leave the homes Of the innocent unframed
for when national sins bring national ca
lamitIes, the innocent suffer with the guilty
THIS may be one Of the mysteries Of ProTi
dencei 1t is, at sll events, fact. AnC
what has been, viii be.
"THEOPHILUs PARSOGS.7