The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-11-07

proclamation of September "a, 1862. fol-
lowed by the orders Of the war department
intended to carry it into practical effect
are manifest assumptions by the President
Of powers delegated to the Congress and to
judicial department of the government. It
is clear and undoubted prerogatiye of
Congress alone, to define all offences. and
to atfix to each some appropriate and not
cruel or unusual punishment. But this
proclamation and these orders create new
offences, not known to any law of the
United States. "Discouraging enlist
ments, and "any disloyal practice" are
not offences known to any law of the
United States. AT the same time, thew
may include, among many other things,
acts which are offences against the laws of
the United States, and, among others.
treason. Under the Constitution and laws
OF the United States, except in cases aris-
ing In the land and naval forces, every per-
son charged with an offence is expressly
required to be proceeded against, and tried
by the Judiciary of the United States and
| a!Jury OF his peers; and he is required by
the Constitution to be punished, in confor-
NIFTY with some act of Congress applica-
ole to the offence proved, enacted before
It's commission. But this proclamation
and these orders remove the accused from
the jurisdiction of the judiciary; they sub
stltute report, made by some deputy pro-
vost marshal, for the presentment of a
grand jury, they put a military commits
sion in place of a judicial court and iurv
required by the Constitution; and they
apply the discretion of the commission
and the President, fixing the decree and
kind of punishment, instead of the law. of
Congress fixing the penalty of the offence.
1t no longer remains to be suggested,
that if the ground of action announced by
the President be reasonable, he man, as
commander-in-chief of the army and navy.
use powers not delegated to the United
States by the Constitution; or man use
powers by the Constitution exclusively del
egated to the legislative and the judicial
departments OF the government. These
| things have been already done, so far as
the procamations and orders of the Pres
ident can effect them.
1t is obvious, that if no private citizen
sprotected in his liberty by the safeguards
thrown around him by the express provis-
ions OF the Constitution, but each and all
OF those safeguards may be disregarded,
to subject him to military arrest upon the
report OF some deputy provost marshal,
and imprisonment at the pleasure of the
President, and trial before military COM
mission, and punishment at its discretion.
! because the President is of opinion that
such proceedings ''may best subdue the
enemy" then all members of either house
of Congress and every judicial officer is
liable to be proceeded against as ''disloy-
al person" by the same means and in the
same way. So that. under this assump-
ton concerning the implied powers of the
President as cOmmander-in-chiet' in time
of war, if the President shall be of opin-
ion that the arrest and incarceration. and
| trial before a military commission of a
judge of the United States, for some i'll
dicial decision, or of one or more mem
bers OF either house of Congress for words
| spoken IN debate, is ga measure which
may best subdue the enemy, there is then
conferred on him by the constitution the
rightful power so to proceed against such
judicial or legislative officer
This power is certainly not found in any
express grant Of power made by the Con-
stitutiOn to the President. nor even in any
delegation OF power made by the Consti-
tuition OF the United States to any depart
ment OF the Government 1t is claimed
to be found solely in the fact that he is the
commander-in-chief of its army and navy,
charged with the duty Of subduing the en-
envy. And to this end. as he understands
it, he is charged with the duty OF using, not
only those great and ample powers which
the Constitution and laws and the selt-dc-
votion Of the people in executing them,
have placed in his hands, but charged with
the duty OF using powers which the peo-
pie have reserved to the States, orto them
selves; and is permitted to break down
those great constitutional safeguards of the
partition of governmental powers, and the
immunity Of the citizens from mere eyecu-
tive control, which are at once both the
end and the means of free government.
The necessary result of this nterpreta-
ton of the Constitution is, that, in time of
war. the President has any and all power.
which he may deem it necessary to exer-
else, to subdue the enemy; and that every
private and personal right of individual Sc
curity against mere executive control. and
every right reserved to the States or the
people, rests merely upon executive discre-
| ton.
But the military power of the President
is derived solely from the Constitutions and
it is sufficiently defined there as his purely
civil power These are its words: The
| President shall be the Commander-in-C Chief
OF the army and navy of the United States,
and of the militia of the several States,
when called into the actual service of the
United States.''
This is his military power He is the
general-in-ch chief; and as such, in prosecut-
| ing the war, may do what generals in the
field are allowed to do within the sphere of
their actual operations, in standardization 10
the lo,cs Of their country, from rhich
alone they de''ire their amhorty.*
When the Constitution says that the
| President shall be the commander-in-chief
of the army and navy of the United States,
and of the militia of the several States,
when called into the actual service of the
United States, does it mean that he shall