Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-12-04

Judge Curtis ON Executive Power.
In looki ng a new impression Of Judge
CuRrIs pamphlet upon Executive Power, we oh
serve passage Of great Importance. as IL seems
TO us. which was not contained in the earlier edi-
tons We quote it. therefore. from pages % and
%. as follows:
These conclusions concerning the powers of the
President cannot be shaken by the assertion that
"rebels have no rights" The assertion Itself is
tue. in reference either to the seeding States
or their people.
IL il not true Of those States. for the Govern
ment of the United States has never vet admitted,
and cannot admit that rs States. they are in
bellion State is simply incapable of doing
any valid act in conflict with the Constitution OF
laws of the United States: and the Constitution is
n much the supreme law OF the land in Tennes
see to day. M il was before the void act OF Sc
cession was attempted by part of its people.
Else the act was eiertua. and the State is indie
pendent of the Government OF the United States.
and the var il war of conques, aud subjugation.
No. is the assertion that rebels have no
rights" applicable to the people of those Sites.
IL IL strange that any one having even that ac-
quaintance with public law. which Chatham's in
dgnant protest has made familiar tn Americans,
eonld have failed TO feel il To he untrue. When
many millions OF people are involved IN civil
war. humanity. and that public law. which in
modern times ~ humane. forbid their treatment
as outlaws Aud IL public law and the constitu-
ton and laws of the United States are now their
rules Of duty towards IA. what ground shall
se deuv that public law aud the constitution. aud
the laws made under IT, sre also our rules of duty
towards them : The only just idea of law is.
that VI ia a rule ef action which governs all who
are within its scope. None degraded.
A.
none 10 elevated by position or power. a. to be
above its reach. And when advance to that
highest conception OF human law. known, prac-
tically. in country only. and come To
constitutional law the embodied will of the PEG.
pie. by which they govern the governors. what
governors are beyond it, control, what citizen,
are too low for it, rtotectiony
Penalties andforfetures nav be inflicted by the
legislative powers punishment for crime: hot
not even treason the most deadly of Nil crimes.
can set free the executive or legislative power.
from the restraints which the peoples Law has
imposed on them, remove one man. a.y
number OF men. from under it, protection.
But IL il were conceded that rebels have no
rights there would still he matter demanding
the grasest consideration. For the Irqulry which
have invited il not what are their rights. but
what are our rights
Whatever nav he thought ofthe wisdom of the
emancipation of slaves. no one can doubt is
practical Importance. IL il Is to take effect To
set free about four millions of slaves at early
liked dsy. with absolutely no preparation for
their future. and With no preparation for our
future IN their relations with NJ. aud to do this
by force. must be admitted IA he a matter
OF vast concern. not only TO them aud q
their masters but 90 the whole continent
on which they AUST live There my be
great diversities ct opinion concerning such N
act. Ret that 'ts effects must be OF stspendoa'
Importance. extending not only into the hordel
loyal States but into the States. North we'll
South, suppose rational man doubt
How has the President acquired the power 10 de
eide the question whether this great act shall be
doney How have the people OF the Cnitet
States or any part Of them conferred ON him th'
rightfal power to determine for them this que>
ton Of such emancipation. To be made undel
such circumstaneesl II the people sho il
rebellion have no rights. the loyal people OF Ken
lucky. of Indiana. Illinois. Ohio. Maryland ans
Pennsyisania have rights Ii IS among tho-,
rights that the President shall Ia de
eide for them question which they deem 81 vas
practical importance 10 themselves and which
they have never consented he should decide /
II among the rights OF all OF Us. that the power
OF each State "a govern IL own internal all air
should not be trespss-ed on by any department @
the Feiesai power, and it Is right essential {,
the maintenance OF our system of government
II !. among the rights OF all OF u. that the Ex
ecusive power should be ket within IT, prescribe'
const utional VIZ. AMI should not le-is!aie. b.
Is DEGREES. upon subjects OF tra2scendeft import
snee 70 the ~boie people