The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1862-10-11
The Proclamation.


We have said elsewhere, that thus far
We heve not opened democratic paper,
nor seen extracts copied from one, which
justifies or supports the Presidents Procla-
nation of Emancipation. While, however,
the democratic party may thus be said to
be unanimous on thst subject, they are at
the same time unwilling that the fact shall
be misconstrued. We condemn the proc
clamation on high, constitutional grounds i;
not to make it an excuse for being cold or
backward in support of the war tosuppress
the rebellion, for the democracy OF the
north with equal unanimity say the rebel
lion must be crushed, come what may /;
nor do we condemn the proclamation be-
cause its object Is, and effect may be, to
free the negroes. We don't care straw
whether Abe Lincoln succeeds in freeing
all the negroes or not; least Of all do we
care what becomes of the negroes so far as
the rebels are concerned. But as freemen,
selections, while suppressing the rebellion,
to save also the constitution, and those
great fundamental principles of civil law
and right which the wisdom Of ages has
devised and established for the protection
of human liberty, We do claim the right to
challenge the righteousness and expedi.
ency of measure which we are compelled
to belieye sets the constitution and those
principles at defiance.
In the first place, then, there is, in all
the books, no such thing known as the
"war power" under which it is claimed
the President has a right to issue this
proclamation. The only power known to
the Books, under which a military COM
mand can be set aside or suspend the con.
stitution or laws Of the U. S. or auy state,
is the power of revolution, which is in
herent In all peoples, and which in this
country Is only claimed to be exercised by
Jefferson Davis and his government.
No sane man pretends that either con-
gress or the President or both together,
have the right to abolish slavery in any o:
the states. 1T is preposterous," says
Walker on Am. Law, THAT the President
as military commander can do that alone
which neither, he nor the legislature unit
ed can do The military, or " war power"
of the President can never be exercised
except in subordination to the civil power.
If the military power undertakes TO disre-
gard or suspend a law, says the same
authority Up 2OS) it is usurpation. That
sort of military power, which in the days
OF Edwards and Henrys in England was
claimed in time of war or civil commotion
to supersede or so beyond the civil power,
Lord Loughborough (H. 81. 6s) says has
been for century totally exploded"
The case is then in a nutshell. The,Presi.
dent can, as military commander, exercies
no power, that is inconsistent with the
constitution. The constitution gives him
no power to abolish slavery in the states.
His exercise Of that power, therefore is
usurpation.
Why look at it. Suppose, under this
pretended " war power" the precedent Is
raised above the constitution and laws,
where is the limit to his power? If he
has such 4 power, the time ard extent of
its exercise are dependent solely on his
own judgment, and that dsinent nobody
has right to question. He may, clothed
with such power, dissolve all the courts
in this state through wholly unrestricted
in their functions; he may suspend the
operation of all our state laws and even
the constitution nay he may, Cromwell
like dissolve congress istelf, imprison all
its members dismiss his cabinet, set aside
the constitution itself and declare himself
dictator!
But certainly, says the stickler for ex-
traordinary military powers, there is such
thing as war power" by which the
President, or the militery commanders
under him, are authorised to seize or
destroy private rroparty, Of friend or enc
my, if necessary 20 accomplish an object Of
paramount importance. For instance, to
destroy bridges to prevent pursuit; ia lay
waste plantations for erecting Notifications;
to lombard houses, or cities, DC. Very
true. But all these powers are clearly and
closely defined by, and must be exeeised
rigidly in pursuance of laws, rules, and
regulations laid down by the civil power
in the articles of War, Laws of nations, &c.
By the constitution congress can pass
law authorizing the confscation of the
property of rebels, on due conviction, &c.
Under the same authority, congress au-
thorizes by the articles of war, the seizure
of property under defined and limited
circumstances. 4 military commander
may seze all the horses and mules in q
neighborhood, if the cxigency is SO imme-
diate and pressing that he cannot take
time to buy them. So he may impress
the negroes offriend or enemy to construct
Notifications the owner in such case hav.
ing his claims on the government for
damages. All these are powers fully
recognized defined in the constitution and
laws of the land, But does any sane man
pretend that there is in the constitution or
laws of this or any other land governed by
a written constitution, military power"
recognized for day or a moment to sus-
pend or go step beyond their written
provisions
1.-The price of liberty is eternal Sigi-
lance" The great objects to which all
the energies of this nation now are bent,
are the suppression of the rebellion and
the restoration of peace. Allimportant as
these are, even they may be purchased at
too great a price. Our constitution, and
those great principles of civil liberty which
cost rivers of blod from the days of the
Norman Conqueror down, to asert and es-