Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1862-12-08

Judge Curtis on Executive Power.
In looking impression of Judge
CURTIS pamphlet upon Executive Power, we OBJ
serve passage of great Importance, as it seems
to US, which not contained in the earlier edi-
tons We quote it, therefore, from pages q and
2S as follows:
These conclusions concerning the powers of the
President cannot be shaken by the assertion that
'rebels have no rights The assertion itself is
not true, in reference either to the seeding States
or their people.
1t is not true of those States, for the Govern
ment of the United States has never yet admitted,
and cannot admit, that as States, they are in re
bellion State is simply incapable of doing
any valid act, in conflict with the Constitution
laws of the United States and the Constitution is
/ as much the supreme law of the land i'm Tennes-
see to day, iJ before the void act of Sc
cession was attempted BY part of its people
Else the act was electual, and the State is indie
pendent of the Government OF the United States,
and the war is awar of conquest and subjugation
Nor is the assertion that "rebes have no
rights" applicable to the people of those Ststes
1t is strange that any one having even that
quaintance with public law. which Chathams in
dignant protest has made familiar TO Americans
could have failed TO feel il to be untrue When
many millions of people are involved in civil
war, humanity and that public law, which in
modern times is humane, forbid their treatment
as outlaws. And if public law and the constitu-
ton and laws Of the United States are now their
rules of duty towards US, on what ground shall
we deny that public law and the constitution, and
the laws made under it, are also our rules of duty
towards them? The only just idea of law is,
that it is rule Of action which governs all who
are within its scope. None are so degraded
even by crime. as to be too low for its protection
none so elevated by position or power. as to be
above its reach. And when we advance to that
highest conception of human law, known, prac-
tcally, in our own country only, and come TO
constitutional law. the embodied will of the PEG
pie, by which they govern the governors, what
governors are beyond its control, what citizens
are too low for its protection?
Penalties and forfeitures NAV be inflicted by the
legislative powers AS punishment for crime; but
not even treas0o the most deadly of all crimes
can set free the executive. or legislative power,
| from the restraints which the peoples law has
imposed on them, remove man, or any
number of men. from under its protection.
! But If it were conceded that "rebels have no
rights" there would still be matter demanding
the grAvest consideration. Fer the inquiry which
have invited is not what are their rights, but
what rights.
Whatever may be thought ofthe wisdom of the
proclamation of the President concerning the
emancipation of slaves, no one can doubt its
practical importance, IT il is to take effect. To
set free about four millions Of slaves at an early
| Fixed day. with absolutely no preparation for
their future, and with preparation for our
I future, in their relations with us and to do this
by force must be admitted 10 be matter
of vast concern. not only TO them and to
their masters, but TO the whole continent
on which they must live. There may be
great diversites of opinion concerning such an
act. But that its effects must be of stupendous
importance, extending not only into the border
loyal States but into all the States N orth well as
/ South, suppose no rational man can doubt
How has the President acquired the power to de-
eide the question whether this great act shall be
donel How have the people OF the United
States any part Of them conferred on Tim the
rightfu power to determine for them this ques
ton of such an emancipation, TO he made under
such circumstances2 Ii the people who in
rebellion have rights, the loyal people Of Ken
tncky, Of Indiana, Illinois, Ohio, MARYLAND and
Pennsylvania have rights 1t is among those
/ rights that the President shall not assume to de-
eide for them a question which they deem of vast
practical importance to themselves. and which
they have never consented he should decide. Ii
il among the rights OF all OF US, that the powers
OF each State to govern its own internal affairs
should not be trespassed ON by any department Of
the Federal power; and il is a right essential to
the maintenance of our system of government
Il is among the rights of all of us, that the Elk
ecutive power should be kept within its prescribed
constitutional limits and should not legislate, by
its DEGREES, upon subjects of tra1scendent import
ance to the whole people