Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1862-11-05

the preservation of any attachments to a
polltlcal party, caused me to withdraw
from all such connections, many years AGO,
and they have never been resumed.
have no occasion to listen to exhorta-
tatlons, now 80 frequent, to divest myself
OF party ties, and disregard party objects.
and act for my country. l have nothing
but my country for which to act. in any
pubic affairs and solely because / have
that vet remaining, and know not that it
may be possible, from my studies and re-
hfctIons, TO say something to my country
men which may aid them to form rieht
conclusions in these dark and dangerous
l'mes, l now reluctantly address them
Judge Curtis then proceeds to define,
with that accuracy and precision of state
ment which all persons who have ever
stood III any professional relations to him
are well aware are peculiar characters
ties of his mind, the enormous powers
which are asserted and claimed by the
Executive in the two procIamations in
question, and we think that every man
whose moral and political instincts are not
wholly Paralyzed by flnatical strychnine
will stand perfectly aghast at their por-
tentious magnitude and extent Here
Is summary of what was asserted by
force of the second proclamation (the only
one which directly concerns the people of
the loyal States) and the orders of the
Secretary of Wvr:
1.-The second proclamation, and the
orders of the Secretary of War, which
follow 1t, place every citizen of the United
States under the direct military command
and control of the President They de-
clare and define new offences, mot known
To any law of the United States They
subject all citizens TO be imprisoned upon
a military order, at the pleasure of the
President when, where, and so long as he,
or whoever Is acting for him, may choose
They hold the citizen TO trial before Il mill
tary commission appointed bv the Presi-
dent, or his representative, for such acts
or omission as the President NAV think
proper TO decree to be offences: and thev
subject him to such punishment as such
military commission may be pleased TO in
fiict.
They create new offices, in such num-
her, and whose occupants are to receive
such compensation as the President may
direct and the holders of these offices.
scattered through the States, but with one
chief inquisitor at Washington, are TO in
SPect and report upon the loyalty of the
with view TO the above desert
bed proceedings against them, when deem
ed suitable by the central authority"
Il Is not pretended that the source of
these paramount and colossal powers is to
be tounds in any reasonable Interpretation of
any clause OF clauses of the Constitution
of the United States No other source
has ever been suggested than the President
;rs Commander-in Chief in time of war
This was frankly stated by the President
himself, in lis reply to the address of the
Chicago clergymcn, when he said, ''As
Commander-in-Ch Chief of the Army and
Navy, in time of war, | suppose have
I'm ~ NS''A' any i4SSiN'hS WHICH may DeSI
subdue the enemy" upon which Judge
Curtis pertinently remarks:
''It must be obvious to the meanest
that if the President of the
United States has an implied constitutional
right, as Commander-in-C Chief of the
Army and Navy in time of war. to disre-
rard any one positive prohibition of the
constitution. or TO exercise any one power
not delegated to the United States by the
Constitution, because, in. his Judgment, he
may thereby best subdue the enemv.' he !
has the same right, for the same reason. |
to disregard each and every provision of
The Constitution, and TO exercise ali power, |
1eedJu, n, ms oljiH,on, to enable him best /!
TO subdue the enemy
The necessary result of his intcrpreta- /
ton of the Constitution is that in time of !
war the President has any and all power, /
which he may deem it necessary to exer- !
rise to subduc the enemy: and that every
private and personal right of individual !
security against mere executive control, |
and every right reserved TO the States or
the people, rests merely upon the Exccu-
tive discretion.
Judge Curtis then goes on to show that
the President, in his military capacity of
Gcncral-in-C Chief must act in subordina-
tion TO the laws of his country, including
the Constitution of the United States. It's
para mount Law. and that anythin" beyond
this i the u>urpation of military dsspot-