Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-10-31
THE MILITARY POWER OF TIN
PRESIDENT,
Able OpinIsn Of Judge CURTIS,

We make the following liberal extraction
recent pamphlet written by the Hon. Benjamin
R. Curtis, Of Boston, late justice Of the United
States Supreme Court, and the distinguishes
author of the dissenting opinion in the Dret
Scott case;
The proclamstion OF emancipation, if taker
10 mean what in terms il asserts, Is an execu
tive decree that on the first day of January
next all persons held as slaves, within such
States OF part of States as shall then be des
ignated, shall cesse to be lawfully held tc
service, and may, by their own efforts and with
the aid Of the military power Of the United
States, vindicate their lawful right to their per
| sonal freedom. .
The persons Who are The subjscls of this pro
clamation are held to service BY the laws Of tht
respective States In which they reside, enacted
by State authority, as clear and unquestionable,
under our system OF government, as any law
passed by any State on any subject.
This proclamation, then, BY an executive de-
cree, proposes to repeal and annul valid State
laws which regulate the domestic relations Of
their people. Such is the mode Of operation
Of the decree.
The next observable characteristic Ia, that
this executive decree bolds out this proposed re-
peal Of State laws as q threatened penalty for
the continuance of governing majority OF she
people of each S.ate,oP part Of State, In re-
bellion against the United States. So that the
President hereby assumes to himself the power
10 denouncs it as punishment against the On.
tire people of Q State, that the valid laws of
that State which regulate the domestic condi.
ton Of its inhabitants, shall become null and
f.-k. AL hw - al a
criminal conduct OF governing majority OF
Its people.
This penalts, however, Il should be observed,
ia not to be inflicted on those persons who hsvs
been guilty of treason. The freedom Of their
slaves was already provided for by the act Of
Congress recited in O subsequent part OF the
proclamation. Il Ia not, therefore, as punish
ment of guilty persons that the Commander.in.
Chief decreea she freedom Of alaves. Il is upon
the slaves of loyal persons, or Of those who,
from their tender years or other disability, can.
not be either dIsloyal or otherwise, that the
proclamation is to operate, II ct allj and Il is
to operate to set them Free In spite Of the valid
laws Of their States, because majority of the
legal voters do not send representatives to Con-
gress.
Now Il is easy to understand how persons
held to service under the laws OF those States,
and how tho army and navy under the orders
Of the President may overtuIn these valid laws
Of the States, Just as 1t is easy to imagine that
any law may be violated by physical force Bot
lido not understand it to be the purpose Of the
President to incite part Of the inhabitants of
the United States to rise in iDsurrection against
valid laws, but that, by virtue Of some power
which be possesses, he proposes to snnul those
laws, go that they are no longer to have any
operation.
The second proclamation and the orders Of
the Secretary of War which follow It, place
every cisizen of the United States under the
direct military command and control of the
President They declare and define new Of
fenses not known 10 any law Of the United
States. They subject oil citizens to be impriB-
oned under . military order. at the pleasure Of
the President, when, where, and 30 long as he,
or whoever is acting for him, may choose. -
They hold the citizen to trial before military
commission appointed by the President, or his
representative, for such acts or omissions as the
President may think proper to decree TO the Of
fenses; and they subject him to such punish
ment 40 such military commission may be
pleased to infict. They create new Offices, in
such number, and whose occupants are 80 re-
ceive such compensation as the President msy
0Heets 0uu tuo uUiuofb VI buoso uuACool bChttoE'
ed through the States, but with one chief in
quisi.or at Washington, are to inspect and re-
port upon the loyalty of the citizens, with a
view to the above described proceedings against
them, when deemed suitable BY the central au-
thority.
Such is plain and accurate statement oi
the nature and extent Of the powers asserted in
these executive proclamstions.
What is the source of these vast powers1
Have they any limit Are they derived from,
or are they utterly inconsistent with, the Con
stitutIon Of the United States2
The only supposed source or measure Of these
vast powers appears TO have been designsted BY
the President, In reply to the address of the
Chicago clergymen, 10 the following words
Understand, / raise no objection against It on
legal or constitutional grounds; for, az Com
mandey-in Chief Of the Army and Mary, in time o.
,cay suppose hGus right 10 take any meas.
uye schieh may best subdas tie enemy" This is q
clear and frank declaration Of the Presiden,
respecting the origin and extent Of the power
he supposes himself 10 possess; and, 20 fer ae
Fknow, no sosycs Of these poDsSs other than tht
authority Of Commander in. Chief in time Of iosy,
hss spsy been suggested.
There has heen much discussion concerning
the question whether the power 70 suspend enc
"prIYilsgsot the wit Of hsbsas ocrpus' u cons
r3r 4-ef-rrn g9irf4 otEl GA trf VIZ