The Lansing state Republican., 1862-11-12
PEDRO DzLAs CAsAs, T. o
y. A. TUKYiS. f. o.
p A IrRPiN, L Q.
PEDRO DK LAsCAsAs, ifs.
Parsons W.. Curtis.

the Ory opinion in opposition to the Presi
dents Proclamation Of Emancipation, emanatins
from any respectable legal authority, may b
found in pamphlet from the pen of Judge Cur
tis, of Boston. This labored effort to rove the
worse the better cause, has met with . cogsns,
pithy reply, which comes from Professor Par
sons, Of the Cambridge Law School
The pro-slavery and secession presses through
out the whole country seized upon Judge Cur
tis opinion with great avidity, it being the only
argument emanating from . respectable source
on their side of the question, long, heavy and
involved as it is. Judge Parsons, the author Of
the following tcrse aud lucid review Of il, il the
Law Professor in Harvard University:
ITO the Editors ofths Boston Daily Adssy-
'iser: There are three questions concerning the
Presidents Emancipation Proclamation. One
is, has he q constitutional power to issue it q
civil, political or Administrative act? The sec.
ond, was it expedient! The third, has he the
constitutional power, as Chief, to
issue it at this time, a. q military act!
These questions are perfectly distinct. One
Of the most common and most truthful causes Of
error upon all subjects is the mingling Of ques-
near each other that they confuse each other.
Judge Curtis mingles these questions % en-.
tirely, that no study Of his pamphlet enables me
to see clearly, as to much Of his argument, up-
on which OF these questions it is to bear.
Let Us separate these questions.
am sure that the President has no power to
emancipate . single slave, a. Q civil, political
or administrative act.
Was it expedient! leave this question to
the President. For he is honest, he is capable
be has considered the question long, carefully
and painfully, and in all the relations in which
it can present itself. However wise NAV b.,
or Judge Curtis may be, on this subject, the
President must be WISER or all the rules of Drob.
ability fail.
As to the remaining question, have not the
slightest doubt of his constitutional power, a
Commander-in-Chief, to issue this proclamation
as a military act.
;f Halleck, when before Corinth, might have
sent force hundred miles to catch and bring
into his lines hundred negroes with their was-
ons, horses and provisions they we're bringing
to Beauregard, the President and Commcnder.
in Chief, sitting in the CENTRE With wider views,
slider necessities, and wider rights to meet those
necessities. may, if he can, prevent the whole
mass of slaves from laboring to feed the rebel
lion. He NAV, if he can, by the danger Of iasur-
rectiOn, or Of starvation, or of loss Of property,
dshearten the rebels and drive their armies
home.
To say otherwise, would be to say that he
might strike at the rebellion, but must be careful
not to strike away its corner stone.
Can he do it in fact! This question touches
the expediency of the measure, and this leave
to him. But it does not touch his military right
TO threaten it, and to do it if he can.
Judge Curtie speaks much and eloquently Of
the Presidents right to inlict penalty aad pun
ishment, and the rights Of the rebels to the pre-.
lection Of the Law.
Rebellion has no rights. If rebellion mean
any thing, it means the remuneration and destruc.
ton Of Law. And, therefore, it is accursed be-
fore God and man.
No rebel has any right to q regard which
should weaken or ebstrucs any military meaaure
needed to subdue the rebellion.
Judge Curtis argument would give the con.
sttution and Law to the rebels, as their sword to
smite With, and their shield to save them and
leave it only to us a. q fetter.
Then he tells US the innocent must suffer With
the guilty. This is true and it issad. But when
the mingled Gre and hail Of Gods vengeance run
| along the ground, they pursue no devious path
that they may leave the homes Of the innocent
unharmed for when national sins bring nation
al calamities, the innocent suffer With the guilty.
This may be one of the mysteries Of Providenee:
it 10, at al events, fact. And what has been
will be. THKoPHILus PARsoxs."
Cambridge.