The Plymouth weekly Democrat. (Plymouth, Ind.) 1860-1869, 1862-10-02
Is the Constitution Suspended Du-
ring the Ware

, Is the Constitution suspended during ths
5 war? That is The question. If it is not.
then there exists no power in The Presi-
dent TO abrogate constitutional rights or
expunge State laws. Many who profess TO
be loyal men, aud to have closely studied
the constitution. gravely assert thai what
they term military necessity IN time Of war
IS superior to ali civel law The conduct
Of Gen. Jackson at New Orleans is cited
as precedent. the entire proceedings in
connection with his declaration Of martial
law, his arrest. trial. aod payment Of the
fine mposed,-prove coucIusively that in
his opinion his declaration Of martial law
was illegal and could only be justified by
The necessity of the Gil Gums ances attending
it, He never claimed to be acting under
The constitution or in accordance with law,
but frankly acknowledged the proceeding
to be in contravention Of both.
But even did the cosli,ution admit the
declaration Of martial law in particular 10
calities in times of fearful peril, will it be
claimed that il can be extended over a
whole country? What is martial law but
the substitution of military over civil au-
thority? If it can he extended over the
whole country. cannot Congress be forbid
den to meet and iegislate. and cannot eve-
ry department Of government. State and
National, be set aside by simple proca-
matien from the President, and continue
suspended at his will? Under This doc
lrine the Paesident--not the constitution
or the several departments OF government
organized under its authority-is supreme.
This military authority aud military neces-
sity of which we hear so much. is either
limiteness or it is restricted. Ii il be un-
limited in its power during war. then the
President as Commander ia Chief is En-
peror. His DEGREES are absolute. Ii it is
restricted, where shall we look for tie
bound of its authority? In the consiiru
ton? Is there any authority in this gov
eminent elsewhere? Ii is said the cus:i-
tuition does not provide for The mode in
which war shall'be conducted that our ar
mics appropriate private property 10 pub
lie use-lhai spies are hung, de>erters shot
suspected traitors arrested, and the iree-
dom of the press muzzled. by military Az
lhor,y justified by necessity, all Of which
would be anlaw(uI in rime OF peace. Con
gress has The power by the constitution ito
declare wa" aud ''tO make rates for the
gocernnsent and regulation ofMe lend and
naral forces" Uuder he provisions of The
constitution The eullre disposed OF our ar.
mics is under Congress. 1t must provide
for the increase or decrease and payment
of our al mics, and, ii ii chooses so 10 do.
can dlrect the plan and purpose ofa cam
paign, and the President as Commanders
in chief Of the army, is under It's dire
ton.
The power thus conferred. Congress has
as far AS conducting ctmpaiga is con
cerned. seen proper 10 exercise; out " Is
unquestionable that the war making power
is vested in Congress- aud the President
| is simply The executive OF is will Ii Con-
gress should direct The withdrawal If the
troops from a particular State or Terrific
~, or their advance therein, the President
would not be at liberty to disobey the
command. That the details Of cam
aign are left to the President and his
military subordinates is fer the simple
reason that there mus be concentration Of
authority as well as OF troops to success
fully condnct a war. Congress has power
to grant letters of marque and reprisal
and make rules concerning captures on
land and waIer." Its authority Is complete
iu whole and ip part. TO make. conduc
and close war. for the President cannot
conclude treaty of peace without the con
currence OF two thirds of the Senators
present
Where; then, is the military necessity
tpat can override the conStttutlOnI Where
does the Precedent set his authority 10
subvert The organic law. by simple proc
lamation? War is TO be conducted acor-
ding to the rules Of war, and Congress is
to provide by law the 'rule for the gov.
ernment and regulation of the land and
nava; forces" Under this provision, can
1t provide 10y law Tor the subversion OF the
constitution. because ore Safe or a dozen
States are in rebellion? Under the plea
of maintaining the government, can it
overthrow it? In war and in peace the
constitution Is supreme. 1t is as much SO
In a civil war as In a foreign one Nina
ry arrests and executions are in accor-
dance with army regulations, but when il
S claimed that the possession of com
mission and pair Of shoulder straps con
fers upon the owner the right TO arrest.
punish and execute citizens who are not in