The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1862-11-12
TERMSy-.S1.5O

sons and property Of cilizens? answer that
over all petsuns enlisted in force he has mil.
| itary power and command, that over all PEI.
sons and properly ,oithin ths sphere Of his a6-
| tual operations in DE field, he may law fully
exercise such restraint and control as the
successful prosecution Of his particular MD
! itary enterprise may, in his Judgment, absd.
lutely require; and upon such persens Is haye
committed offences against any article OF war,
he may, through appropriate military tribu-
mails, ,intlict the punishment prescribed By
law. And there his iogful authority ends.
The military power over citizens and
their property is power to act, not power
to prescribe rules for future action. It springs
! from present pressing emergencies and ID
limited by them. It cannot assume the
functions of Statesman or legislator, and
make provision for future distant arrange,
mentS, by which persons or property may
be made subseryient to military uses. Il il
the physical iorce ola army in the field.
and may control whatever is near as to be
actually reached by that force, in order to
remove distractions to its sxcercise. .
But when the commander controls The
persons or property OF citizens who are boz,
yond the sphere of his actual operations in
the field, when he makes laws to govetn
thier conduct, he becomes legislator
Those may be made actually operative;
obedience to them may be enforced by milits.
ry power; their purpose and effect may be
solely to recruit or support hls armies, or to ,
weaken the power Of the enemy with whom
contending. BWhe IS a legislator still; aud
whether his edicts are clothed in the form of
ordinations or OF military orders, by what
ever name they may be called, they are laws
IL he has the legislative power con erred on
him by the people, it is well. II not he di
surps it. .r,. $50. s.,
lie has no more iawfil authority to hold
ali citizens ofthe entire country, outside OF
the sphere OF his actual operations in the /.
field, amenable to his military edicts, than
lie has to hold all the property Of the coun-
try subject to military acquisitions. Flo 10
not the military commander OF the s:tizens Of
the States, put OF its soldiers. ~
Apply these principles 10 the prociamatfons
and orders OF the PIesieent. they are los
designed to meet any existing efnergenc in
some particular military operations in the
held; they prescribe future rules OF action
touching the persons and property OF citi-
IONS. They are TO take effect, not merely 9,
within the scope Of military operations in
the field or in their neighborhood but
throughout the entire country or great por. 3,
tionS thereof. Their subject matter Is not
military ofenses, and domestic relations.
the relation Of master and servant; the or
lenses OF 'disloyalty or reasonable practice.'
Their purpose IS not to meet some exis-
ting and instant military emergency. but TO-
provide for dis ant events, which may OH
IN ~ No nd rh,a
they should incde with any military %.
erallons, indirect, remote, casdal and posai- ;
BILE merely.
1t is manifest that in pros1 4fhihg these
edcts the President is not acting under the :
authority of military law; first because mil.
itary law extends only over the persons ao-
tualy enlisted in The military service; and
second, because these persons are governed
by laws enacted by the Legislative power.
1t 10 equally manifest that he is not acting
under that implied authority which grove
out OF particular actual military operations
for these executive DEGREES do not spring
from the emergencies any particular mill
i'ary operations, and are not limited to any
field in which any such operations are carried
Tn. ,0 -,s ,-t,r,,s q, ,f
Whence, then, do these edicts spring? They
spring from the assumed power to sx'end
martial law over the whole territory OF the
United States; power for the exercise OF
which by the President there is no wsrrafit
whatever in the Consultation, q power
which no free people could confer upon an
executive officer, and remain a free people
For it would make him the absolute master
OF their lives, their Liberties and their prop d
erty, with power to delegate his thastership
to such OF his satraps as he might select, OF
as might be imposed on his credullty or his ,
fears. Amidst the great dangers which
encompass US, in our struggles to encoupteH
them, in our natural eagerhess to lay hold of
efficient means to accomplish our vast labors,
let US beware how we borrow weapon ) from
the armory OF arbitrary power. They canAot
be welded by the hands OF free peopia.--
Their blows will finally fall upon thsin-
selves. i...H H.. ,,....,. ......, r.. 4.......f.
DistrrSfed councils, divided strength, arc
the very earliest effects Of an attempt 10 use
them, What lies beyond no opatrRt is now Z
willing to attempt to look upon.