, 1862-12-06
IhD Grih1ltrex
SATURDAY, DECEMBER 6. 1862
THE mILETARF POWER m ,wrxp
presidents.

SATURDAY, DECEMBER 6, 1869,
THE HhfTAnx s:, EoWER OF ran
The President is, by lie Constitution.
the executive head Of the United States,
and his powers and duties, SIS such, are
carefully guarded and prescribed. But l1e
is also, hy virtue Of the same instrument
the Commanderin-Clicf Of the armies Of
the United States, and is, when exception
al circumstances require him to act
in that capacity, invested with all the
authority OF military commander.
II this were not plain dictate Of com
mon sense, it would inevitably follow, from
the fact that the Constitution having made
him Commander-in-C Cbief, fails to define
his military authority. And with Whist
propricty could it attempt to do SC? The
only limit to tue power of military COM
mandcr within the sphere Of military
operations, must, in the nature
of things, be, military necessity.
War is the "ultina ratio" the last rea-
son, and, with civilized nations, the Inst re-
sort. lmpenling everything and destroy
ing everything in the districts where
it is Taged, its very existence in
plies an object vital to the national
welfare; and so difficult of accom-
plishment that only the most extraordi-
nary means can be relied On to effect it.
In other words, war supppses its purpose
to be paramount to everything else, and it
follows that every thing else must yield to
its necessities. This position applies just
as clearly to whatin ordinary aud peaceful
times are indisputable personal rights, as
to anything else whatever. The very
means Of war are personal hazards. The
authority which directs at what time, to
what extent, and to what end, these haz-
ards shall be encountered aad applied is in
the military commander.
For the accom- mplishment Of military pur-
poses, the life cf every mau under his com
mand. is at his disposal. But this is not
aU. He is also to see that there shall be
no waste OF the costly means thus entrusted
to him. These means are integral parts Of
the nation itself, endangered for the COM
mon coed, ard he is responsible that they
arc exposed to no risk but what is subo1di-
rate 10, and promotive of the great national
end, i;,r which, if necessary, they and The
nation have agreed that they shall DC sacri-
feed.
Il is not then an exaggerated view t.
consider the military commander within
his sphere Of operations, and for the pur-
poses Ct his commaed, as holding in his
hands the national life, and required to pro-
tect it against dangers sudden, extraordi-
na1y, unforeseen, aad constantly assuming
new varieties If form and character, aud
which it is necessary to repel by measures
and exredicnts equally prompt and diver
sificd. Against authority so derived,
clothed with such responsibility, and exer-
ciscd under such circumstances, to such
ENDS, an Invasion Of what would otherwise
be justly considered as sacred personal
rights, cannot be urged as ground Of com
plant.
It ean be vulnerable to no accusation,
eScep. q manifest aud clear disposition t.
wanton abuse Of its tremendous power.
Tic discretion that must be manifested in
nlult;tudiuous decisions Of Iighining-1ike
quickness, will necessarily make numerous
mistakes. Under its exercise, on occasions
demanding extraordinary precautions, III
Docent persons, uncannectcd witt, military
operations, will undoubtedly suffer in lib
erty and property; but they must console
themselves with beng part Of that social
and political organization, whose safety
Was Intended in their personal privaions.
They cannot make parade OF their pet
t., private griefs when the Nation is
sweating blood. They cannot, at such 8
time, tc heard to utter angry accusations
against the authority which, in their per
sonal inconvenience, meaut only lhe public
good
Leaving the consideration Of the nature
Of the authority Of a military commander
in lime of war, aud within the sphere Of
military operations. aud which, unucr the
irnita1iors stated, the Constitution confer:
on the President, as Commandtr-in-C G. CEi.l
Of the armies Of The United States, let Us
inquire 7slsas may be pr>i>er1F regarded us
"the sphere Of military operations whose
limits corst1:ute The geographical bou. ala
ries cf miiitlry power. Is 1t confined t.:
the BATTLEFIELD; TO III: line Of an army'
Eaarch; to the precincts Of the camp; q,
can yon establish ct any fixed dis:ance
from either o: these points OF lines Of de
parture the "no further Of military au
thGrily?
Can it be held by natural or ariifcla
boundaries, cut Oft b. mountains OF rivers
or contained within town, county or Stat
imits2 Does it expand with the growtl
Of the Generals army, with the enlarge
mcnt Of his plans or with the number an
complication Of the dangers with which h
is threatened? Is it, or is it not, affected b
such circumstances as the SIZE Of the terri
tory in which he is acting. its physical an,
geographical character, the points in it q
which he a1ms, the speed aud facility Q
communication which it affords, and til
character Of the population which occu
pylt?
Does not the same military necessi*,
which makes the military power absolut
in point Of quality, give it expansion t.
the utmost limit required by military pul
poses, at least within the territory occupie,
By the political organization for who's
safety it is welded.
Shall 1t be exercised in one countr
where hostile armies are actuslly contend
ing, and not extend to an adjoining ont
from which are supplied the food whic
sus.ains the soldier, and the ammuaitio
which wings the bu]let7 Shall it appl
to aIsenals and have no reference to new
depots; be awakened by dealers in contr'
band goods and sleep over dealers in co,
traband intelligence? be destruction ,
smugg1crs but iunocuous to spies? Is
all powerful againstthe spy, who, pursuir
his per1lcus occupation within the lines
the army, uses his feet to convey and b