The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1862-10-14
The War Power.

The War Power.
EE- The Vallandigham Democracy
OF the State Of Wisconsin have organized,
and issued an address. This address is
most ably removed by MAT H. CARpEy-
TER, one of the ablest Democrats Of the
State, man too loyal to have any affilia-
ton with the Vallandigham traitors. In
combating the position taken in the ad.
dress, that the Constitution provides
for all the cxigencies of foreign war and
and domestic Instruction" Mr.. CAR
PENTER thus ably treats OF the war power ::
The constitution provides, for instance, that
no man shall be deprived of life without due
process of law Does this provision apply to
the conduct OF the war, and can no rebel be
Killed until he is first tried by Jury? Then
every rebel slain on the battle field is murder
ed. 30 we may take up the provisions of the
constitution one by one, and show that no one
of them applies or pretcnds to apply to the
conduct OF the war. War is entirely outside
the constitution the constitution makes pre-
paration for 1t, but is silent as to its manage.
ment. 1t furnishes the instrumentalities. but
does not direct their use. This is rs true of
domestic as of foreign war. The constitution
commands the president to take care that the
laws are faithfully executed, and gives him the
army and navy for that purpose. And the
president and the military and naval officers
under HIM must of necessity, judge in the first
Instance, of the ext gencies Of the war and pros
ecute it in all places till the principal object be
accomplished. The power to arrest is as un
doubted as the power to kill, and is as necessa-
ry an exercise of the war power. The power
to destroy property, if necessary to the success.
full prosecution Of the war, is OF the same I'M
doubted nature. It's worthy of notice, that
in the constitution the protection of life, liberty
and property are united in the same provision,
as follows; No person shall " be deprived of
life, liberty or property without due process of
law ); and all stand upon the same footing so
lar as this discussion IS concerned: An exer-
else OF war power may sweep them all away
and the constitution no more pretends to pro
tect one than the other, as against the war DOW
er. Would it be pretended that if a spy came
within the military lines, under such circun-
stances as are forbidden by the usages of war.
that the president, or his servants could not
arrest him without warrant And could it
| make any difference that the spy, whose char
acter was clearly ascertained, should be found
IN one OF the loyal States ? Suppose the gov
eminent should be collecting at Cincinnati
large force for particular purpose and
soldier from the rebel army should be sent in
disguise within our camps to spy out the mum
Der, condition and destination of the troops
would there be the slightest doubt of the right
and duty of tue president or his military su6or.
dinates summarlly to arrest such person and
sutjsct him to military trial and punishment
as spy!
Yet the address says, in the most charming
generality of expression, /" We deny the power
OF the executive to make arrests iii the loyal
States. There are federal courts in all the
States with full power and Jurisdiction to pun
ish al crimes against the United States
Again, suppose the success of particular
campaign should be found to depend upon
entire sscresy yet some newspapers in New
York should presist in publishing day after
day full particulars of all preparations and
plans Of the campaign, thus acquainting the
rebels with the information necessary 10 render
1t a failure. Would any man doubt that this
was, ii done knowingly and wickedy, giving
aid to the rebellion Would it not under such
circumstances be the duty OF the president or
his military agents or officers to arrest such
editor, and suppress such newspaper with ar.
tiliery, II 1t could not otherwise be suppressed.
\ ct this address says, without any qualifica-
ton whatever, we deny the power Of the ex
ecutlve to trammel the freedom OF the press by
the suppression OF newspapers" &c.
The error Of the address is that it is not d.
rccted against an improper exercise Of the pow
or, but denies the power, in even a proper and
absolutely necessary case, TO arrest spy in a
free State, or prevent newspaper from giving
information TO the enemy that will render 4
campaign abortiye. This GORGEOUS error is
the more to be rcprehended, that it was penned
and endorsed by an eminent lawyer, who well
knew the broad distinction between the exist.
an IF nd ti,a
o given instance.
Manifcstly the character of the offensa must
determine whether it be amenable to military
punishment, and not the place or State where
1t was committed. If a soldier from the rebel
army is really soy it can make no difference
with the mode and extent of his arrest and
punishment, whether the field Of labor assign
ed him by his commander be on the north or
south side of the Ohio, at New Orleans or New
York. II the act complained Of be in its char
acter military offense then it merits and
must receive the speedy award Of military law
The arresIlng of spies by warrants from the
courts would be good joke indeed. Some
where in Burke's works, he rid;cules the chief
justice Of India, by representing that he tried
to suppress rebellion with affidayits Mr.
Ryan must have risen from recent reading of
Burkcs works when he penncd this part OF his
address. 1t IS unnecessary to speak Of particu-
arrest and to suppress newspapers, or to ex
press any otnnion as to the propriety or mpro-
priety of is exercise in particular cas- s. because
this is not discussed in the address The sub
ject Of discussion is the power itself; and not
whether it has been improperly exercised. No
power was ever lodged with any human being
that might not be mistakenly exercised but
this is no argument against the existence Of the
power.
And every lawyer knows that wherever
power is lodged, there rests also with it the
right TO- Judge whether the proper case is pre-
sentcd for lis exercise this is absolutely nee
essary 10 the utility Of the power The presi-
dent and his military suborinates must there
fore judge, answerable to public opinion, their
conseiences aud to their God whether the prop
or case exists to make n military arrest, to la.
ter down fort, or blow up a newspaper. The
president must judge Of the conduct Of men,
and o: the character of the publications, and
say whetherihey are OF n class to BE- proceeded
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