Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-09-29
From the Chicago Times.
Is the Constitution Suspended BUR-
ing the War!

Is the Constitution suspended during the WARP
That is the question. Ii il is not, then there ex
lists no power in the President to ablogate con
s;itutonal rights or expunge State laws. MANY
who profess 10 be loyal men, and TO have closely
studied the Constitution, gravely assert that What
they term military necessity in time OF war Is
superior to all civil law. Tie conduct OF Gen.
Jackson at New Orleans is cited as a precedent.
The entire proceedings III connection with his
declaration oil martial iaw--his arrest, trial. and
payment of the fine imposed-proye conclusively
that in his opinion his declaration Ot martial law
was illegal and could only be justified by the
necessity of the circumstances attending il. lie
never claimed to be acting under the Constiiu-
ton in accordance with law. but frankly ac
kuowledged the proceeding to ZEN c0ntrasention
OF both
But even did the Constitution admit the declar
alton of martial law in particular localities in
times of fearful peril, will it be claimed that IT
eau be extended over q whole country What Is
martial law but the substitution of military over
civil authority! II it can be extended over the
whole country, cannot Congress be forbidden TO
meet and legislate, and cannot every department
of Government, State aud national. be set aside
by a simple proclamation from the President, and
continue suspended at his wiiG Under this doc
trne the PreSident-nOt the Constitution or the
several departments of Government organized
authority and military necessity, OF which We
hear so much. j. either mtless it is restricted
1t it be unlimited in It's power during war; then
the President a Commander in Chief Is Empe
ror His DEGREES are absolute. Ii il l. restricted
where shall We look Tor the bound OF It's author
ityg Ia the Constitution! l. there any author
itv in this Government elsew here. Ii Is sand the
Constitution does hot provide for the mode in
which war shall be conducted-that our armies
appropriate private property TO public use--that
spies are hung. de>erters shot, suspected traitors
arrested. and the freedom OF the press muzzied,
bv military authority, justified bv necessity all
of which would be unlawful in time OF peace.
Congress has tue power 10y the Constitution ito
declare war" aud Ito make rules for the govern
ment and regulation OF the land AMI naval
forces" Under the provisions OF the COnsiiiu-
ton the entire disposal of armies J. un0er
Congress IL must provide for the Increase or
decrease and payment of our arm.eS, and. II 1t
chooses 10 do 20, can direct the plan aud purpose
of a campaign, and the President, as Command
erin Chief OF the arms. Is under ~ direction.
The power thus conferred. Congress has not,
so far as conducting campaign i concerned.
seen proper 70 exercise; but il Is unquestiOnaole
thar the war making power is vested in Congress.
and the President Is simply the executive OF its
will III Congress should direct the withdrawal
of the troops from particular State or Territory,
or their advance therein, the President would not
be at ibertsto disobey the command. That tie
details OF a campaign lett 10 the President
aud his military sub0ruinates i Tor tie simple
reason that there must De concentration OF Au-
thorits a. well a OF troops 70 successfully con-
duct war Congress has power to grant letters
of marque and reprisal and make rules concegn-
ing captures on land and water It's authority
is complete, in whole and in part 10 make. con
duct and close war. for the President can not
conclude treaty of peace without the concur
renee Of two-thirsss OF the Senators present.
Where then. i the military necessity that can
override the Constitution. Where does she Pgesi-
dent get his authority 20 subvert the organic law
bv a simple proclamatiOnl War i 10 be con
dncfei According - the rules Of war. and Con