The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1862-10-08


j. W. PHELPS
=. T. PECK,
wM. H. PlNCKNEY,
d. C. WILEY,
Union County Committee.
y che Proclamasis" Unee~ssiauaao"aIs
1t is asserted in some quarters that the late
Proclamation of the President, declaring that
contingency, all persons held as slaves in Ger
tain portions OF the United States, shall be
thenceiOrwasd and forever free; is an as
sumption OF power, not given him by the Con
stituliOu, aud is therefore an unconstitutional
oct.
We take quite the opposite view Of it, and
maintain that it is entirely within the powers
granted to the President, by the Constitution
itself, and is therefore entirely constitutional
We maintain that the Constitution is not a
mere rope of sand" but that it does contain
within itself the power Of self preservation.
True, it does not expressly declare that Con-
.gress or the President may in a certain event,
abolAh slavery in sny of the territory of the
States, neither does it provide that citizen
may, when attacked by an assassin, disarm him,
or take his life in self protection. Yet he may
lawfully do either. But it does provide that
"the President ahall be COmmander-in- Chief of
the army and navy of the United States, and
Of the militia of the several States, when called
into actual service of the United States,' and
it does provide, that Congress shall have power
ITO provide for the common defence and gen.
eral welfare of the United States, to declare
war, to raise and support armies, to provide
for calling out the militia to execute the laws
Of the Union, suppress instructions, and repel
ipvasions," and " to make all laws which shall
be necessary and proper for carrying into exc
cutiOn the foregoing powers, and all other pow
ers vested BY this Constitution in the Govern
ment Of the United States or in any depart
ment or officer thereof" To US it seems clear,
that these are ample powers in both Congress
and the President. to pass any law or do any
act, which they may deem necessary, to sup
press insurrection, and preserve the Constitu-
ton and the Government from destruction.
But underlying all this, and in the very ma
ture of things, there is law which will author
iss the resort to any measure which may be
thought practicable, short Of the overthrow Of
the Constitution itself, for the suppression of
the rebellion. II is the first law Of nature-the
great law Of selfpreservation. Under this law
We are justified in attacking and destroying,
any right of those who are seeking the over
throw Of the Government, Notwithstanding
that right may be guaranteed by the Constitu-
ton itself Let us illustrate: The Constitution
provides that no person shall be deprived OF
life, liberty, Or property, without due process
of law" Nobody contends that the Govern
ment may not in time Of war, take the lires
Of persons engaged in instruction against the
UhitA States, without resorting to the forms
of law. No ssickler for the letter of the Con-
stitution will be insane, Is to insist that the
rebellion Can only iarfsliy be put down, BY
arrest, indictment, trial, conviction and exccu-
ton Of the rebels, according to the forms laid
down in the books, and according to the
statutes in such cases made and provided y
No one Is 50 foolish as to say that the Govern
ment violates the Constitution, when in time
Of war it causes the arrest and imprisonment.
without complaint, presentmeRt, or process, Of
those attempting its subversion; and no one is
% stupid Is to avow that it is decentralization al
70 appropriate to the use Of the Government,
or destroy the property Of rebels, when the
power of the Government can be strengthened.
or that Of the rebellion weakened, BY 90 doine.
Notwithstanding the provision of the Coustitu.
ton, that "private property shall not be taken
for pubic use without just compensation"
These, - nearly all the other provisions Of
the Constitution, were made for the govern.
nent Of the people in times Of peace, and nd
provisions, except those quoted in the com.
nencenent Of this article, were made BY the
ffamers Of the Constitution. to govern the
country in times Of war. Wars are not eov
erned by Constitutions. When the country i.
engaged In VA, and especially when it is en-
gAged in war, the asue Of which is TO decid.
IT. fate, and upon the result of which depeud,
tss very existence, the Government is limitei
ealy BY the laws and usages Of civilized n.
<oas. when engaged in war. The pr,ctic. =
hqiag and inprisoning eneniea end coos...
ting. spproDriating or destroying sov and N
property which may aid those enemies in -,
fying on the war, is accepted by all men !. M,
Agidmate exercise Of the war power. "a ~,
eeea adopteaSy all the nations Of IL -,
~ he world beon.