The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1862-11-12
THE MILITARY POWER OF
TRE PRESIDENT.
Able opinion of NIr. Curtis.

We make the following liberal extract
from recent pamphlet written by the Hon
BENJAMIN Il. Curtis, OF Boston, late justice
OF the United States Supreme Court, and
the distinguished author OF the mastery
dissenting opinion in the Dred Scott case;
The Proclamation OF emancipation, if ia
ken to mean what in terms it asserts, is ar
executive decree that on the first day o
January next all persens held as slaves, with
in such States or parts OF States, as shal
then be designated, shall cease to be lawfully
held to service, and may, by their own efforts
and with the aid of the military power o.
the United States, vindicate their Lawful
rights to their personal freedom.
| The persons who are the subjects of this
proclamation are held to service by the laws
Of the respective States in which they reside
enacted by State authority as clear and nu'
questionable, under our system of govern.
nent, as any law passed by any State on any
subject.
This proclamation then, by an exc
cutive decree, proposes to repeal and annul
valid State laws which regulate the domestic
relations Of their pevple. Such is the mode
of operation of the decree.
The next observable Characteristic is that
this executive decree holds out this propos.
ed repeal of state laws as threatened pen
atty for the continuance Of governing ma
jority OF the people Of each state, or part ei
o State, in rebellion against the United
States. So that the President hereby as
sunes to himself the power to denounce it
as punishment against the entire people Of
State, that the valid laws OF that State,
which regulate the domestic condition Of its
inhabitants, shall become null and void, at a
certain future date, by reason Of the criminal
conduct OF governing majority OF its peo,
pie. .
This penalty However it should be observ,
ed, is not to Le inflicted on those persons
who have been guilty OF treason. The free
dom OF their slaves was already provided for
by the act of Congress recited in a subse>
quent part OF the proclamation. 1t is not,
therefore as punishment OF guilty persons
that the commander in chief DEGREES the
freedom OF slaves Of loyal persons, or of
those who, from their tender years or other
disability, cannot be either disloyal or other
wise, that the proclamation is TO operate, il
at all; and it is is to operate to set them free,
in spite of the valid laws Of their States,
because majority Of the legal voters do not
send representatives to Congress.
Now it is easy to understand how persons
held to service under the laws of these
States, and how the army and navy, under
the orders Of the President, may overturn
these valid laws Of the States, just as it IS
easy that any law may be vi0lated By physt-
cal farce. But do not understand it to be
,ho IF th IA art
OF the inhabitants OF the United States to
rise in insurrection against valid laws, go
that by virtue Of some power which he
possesses he proposes to annul those laws
so that they are no louger to have any oper.
alton. .........
The second proclamation and the orders
of the Secretary Of War which follow it,
place every citizen of the United States un
der the direct military command and control
Of the President. They declare and define
new otlenses, not known to any law OF the
United States. They subject all citizens to
be imprisoned under military order at the
pleasure Of the President, when, where, and
go long as he, or whoever is acting for him
may choose. They hold the citizens to
trial befbre q commission appointed by the
4
acts or omissions as the President may think
proper to decree to be offensive; and they
subject him to such punishment as such
military commission may be pleased to in
flct. They create new Off ces in such NUN
ber, and whose occupants are to receive such
compensations as the President may direct;
and the holders OF these offices scat
tered through the States, but with one chief
inqusitor at Washington, are to inspect and
report upon the loyalty Of the citizens, with
view to the above described proceedings
against them, when deemed suitable by the
central authority. ..... ....
Such is the plain and accurate statement Of
the nature and extent of the powers asserted
in these executive proclamations.
What is the source Of these vast powers?
Have they any limit? Are they divided
from, or are they utterly inconsistent with
the Constitution of the United Safes?
The only supposed source or measure Of
these vast powers appears to have been des.
ignated by the President, in his reply to the
address OF the Chicago clergyman, in the
following words: Understand l raise no
objection to it on legal or unconstitutional
grounds; Tor, as commander-in in chig Of the
army and navy, in time Of aoar suppose l
haze right to take any measure s0hich may
best subdue the enemy" This is a clear and
frank declaration OF President respecting the
origin and extent of the power he supposes
himself to possess; and so far as | know no
source of these po,oers other han the authority
Of Commander, in-chief in time Of soar has
been suggested.
There has been much discussion concern.
ing the question whether the power to sus-
pend the privilege OF the writ Of hGJeas
corpus is confirmed by the Constitution on
Congress or on the President. The only
judicial decisions which have been made up
on this question have been adverse to the
power OF the President. Still. very able
lawyers have endeavered to maintain--per-
hsps to the satisfaction Of olhers-have main
tanned, that the power to deprive particular
person OF the privilege Of the writ is an
executive power. For while it has been
generally, and so far as know, universally
admitted, that Congress alone can suspend a
law or render it imperative, and conseque mt
| ly that Congress alone can prohibit the courts
from issuing the writ. yet that the execu
tive might, in particular cases, suspend or
uvuy ptNiCSO WuISh thV wiz "eS w
signed to secure. am not aware that any
one has attempted to show that under this
grant of power to suspend "the privilege oi
the writ of habeas corpus" the President
may annul the laws OF States, create new
otfenses unknown to the laws Of the United
States, erect military commissions to try
and punish them, and then, by a sweeping
drcree, suspend the writ Of habeas corpus as
to all persons who shall be ARRESTED by any
military authority" think he would make
more bold than wise experiment on the
credulity Of the people who should attempt
to convince them that this power is to be
found In the ha5eas corpus clause Of the Con.
stitution. No such attempt has been, and
think none such will be made. And there's
fore, repeat, that no other source OF this
power has euer been suggested, save that des.
cribed by the President himself as belonging
4