The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1862-11-12
McGREG0R, IOWA. WEDNESDAY,, NOV. l2, 1852

Let us, then, analyzc these prOclama
tons and orders Of the President; let II
comprehend the nature and extent Of tn
powers they assume. Above all, let II
examine that portcntous cloud Of the mill
tary power Of the President, which is sup
posed to have overcome us and the civi
liberties Of the country, pursuant to tn
will Of the people, ordained in the Consti
tuition because ,ee are in a state Of .car
And first, let Us understand the mature
and operation OF the proclamation of eman
cipation, as it is termed; then let us Sc,
the character and scope Of the other proc
la'nation, and the orders Of the Sccretar r,
Of War, designed to give it practical effect
and having done so. let us examine tn,
asserted source Of these powers.
The proclamation Of emancipation, i
taken to mean what in terms it asserts, i.
m executive decree, that on the FIRST day
of January next. all persons held as slaves
within such States or parts Of States rs
shall then be designated, shall cease to b;
lawfully held to service, and may by thei,
own efforts, and with the aid of the military
power Of the United States, v;ndicate thci,
lawful right to their personal freedom:
The persons who are the subjects Of thi.
proclamation arc held to service by the
laws Of the respective States in which they
reside, enacted by State authority, as clea,
and unquestionable, under our system Of
government, as any law passed by any
State on any subject.
This proclamation, then, by an cxecu
tive decree, proposes to repeal and annu
valid State laws which regulate the dome
tic relations Of their people. Such is tho
mode Of operation of the decree.
The next observable characteristic is,
that this executive decree holds out this
proposed repeal of State laws as a threat.
ened penalty for the continuance Of a gov.
erning majority Of the eoplc of each state
or part of state. in rebellion against the
U. ). So that the President hereby as
sumes to himself the power to dcnounce il
as punishment against the entire people
OF state, that the valid laws Of that state
which regulate the domestic condition o
it's inhabitants, shall become null and void
at certain future date, by reason of the
criminal conduct Of a governing majority
Of its people.
THIS penalty, however, it should he Oh
served, is not to be inflicted on those per.
sons who have been guilty Of treason. The
freedom of their slaves was already provi
ded for by the act Of Congress, rccited il,
a subsequent part of the proclamation. I,
IS NOT, therefore, as a punishment to guilty
persons, that the commander.in chief de
crees the freedom Of the slaves. It's upor
the slaves of loyal persons, or upon thos.
who. from their tender years or other dis
ability, cannot be either disloyal or other
wise, that the proclamation is to operate
to st them free, in spite Of the valid law:
Of their States, because majority Of ths
legal voters do not send representatives tt
Congress.
W it is easy to unlcrsand how persons
held to service under the laws Of the U
s., and how the army and navy under the
orders Of the President, may ovcrturr
valid laws Of the states, ju I as it is easy
to imagine that any law may be riolatea By
physical force. But do not understand i,
to be the purpose Of the President to incit.
part Of the L. S. to rise in insurrectior
against valid laws; but that by virtue O
some power which he possesses, he pro
poses to annnl those laws, so that they ART
no longer to have any operation.
The second proclamation, and the orders
Of the Secretary Of War, which follow it,
place every citizen of the U. S. under the
direct military command and control of the
President. They declare and define new
offences, no known to any law of the U. S
They subject all citizens to be imprisoned
upon military order, at the pleasure oI
the President, when, where, and so long as
he, or whoever is acting ,or him, may
choose. They hold the citizen to trial be
fore a military commission appointed by
the President, or his representative, for
such acts or omissions as the Presi ent
may think proper to decree to be offences
and they subject him to such punishment
as such military commission may be pleas
ell to in6ict. They create new offices, in
such number, and whose occupants are to
receive such compensation, as the President
may direct; and the holders Of the offices,
scattered through the states, but with one
chief inqUiSitor at Washington, are to in
spect and report upon the loyalty of the
citizens, with view to the above described
proceedings against them, when deemed
suitable by the central authority.
Such is plain and accurate statement
Of the nature and extent of the powers as.
serted in these executive proclamations.
What is the source Of these vast powers9
Have they any limit? Are they derived
from. or are they utterly inconsistent with,
the Constitution of the U. S.
The only supposed source or measure OF
these vast powers, appears to have been
designated by the President, in his reply to
the address Of the Chicago clergymen, in
the followi words: Understand, raise
no objection against it on legal or constitu-
.ional grounds; for, as commander.in CHIEF
Of the army and Macy, IN time Of ,car, l
suppose Ihare a right to take any measure
rhich may best subtlus the enemy." This
is clear and frank declaration of the
President respecting the origin and extent
Of the power he supposes himself to pos
Scss j; and, so far as | know, no source Of
those porers, ether than tile authority Of
the e"mmander-in chief in time Of ,car, has
scer been suggested.
There has been much discussion con-
cerning the question whether the power to
suspend the privilege of the writ of habeas
corpus is conferred by the Constitution
VII SOuSIeSS, VI Oi tuc ITcSlueIlt. 1uc
only judicial decisions which have been
made upon this question have been adverse
to the power Of the President. Still, very
able lawyers have endcavored to maintain,
perhaps to the satisfaction Of others
have maintained, that the power to deprive
a particular person Of "the privilege Of the
WRIT" is an executive power For while it
has been generally, and, 50 far as know,
admitted, that Congress alone
can suspend law, or render it imperative,
and consequently that Congress alone can
prohibit the courts from issuing the writ,
yet that the executive might, in particular
eases, suspend or deny the privilege which
the writ was designed to secure. am not
aware that any one has attempted to show,
that under this grant Of power to suspend
1.-The privilege Of the writ Of hab"as COZ
pus," tn President may annul the laws Of
states, create new offences, unknown to the
laws Of the L. S., erect military commits