Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1862-11-20
Emancipali,n-its Constitutionality

Judge Curtis, a Boston lawyer Of the
Cotton order, has written very thin book,
o pamphlet, in opposition to the conStitu-
tionality Of the Presidents Proclamation of
Emancipation. This is the only attempt
yet made by any legal authority of respecta.
blity to maintain the uucons,itutionality Of
the Proclamation. We are glad to find
that this opinion Of Judge Curtis has been
promptly met and utterly oyerthrown by an
argument, now published, from Chief Jus.
tice Parsons, Dane Professor in the Cam.
bridge Law School.
The argument Of Professor Parsons sus.
tanning the constitutionality of the Proca.
nation is bricf, cogent AMI unanswcrable
Both OF these men are Of the calm, con
seryative school o. Boston scholars. Pro.
lessor Parsons in his judicial capacity, and
as writer on element ry and constitution
law, hasa national reputation. An opin
ion calmly and CONSIDERABLY rendered by
such man onsuch point must at this
time be of general interest anda public
benefit We give below Judge Parsons
logical method Of treating this great que.. /.
tion, as published in the Advertiser.
To the Editors oi tie Boston Dolly Advertiser
There are three questions concerning the
Presidents Emancipation Proclamation.
One, has he constitutional power to en-.
force it, as "a civil, poitiual or administra.
tive act? The second, was it expedient?-
The third, has he constitutional power, as
Commundcr in-Chef to issue it, ut this
time, as military act?
These questions are perfectly distinct. -
One Of the most common and most fruitful
causes Of error upon all subjects is tho ming.
Ing OF questions which are distinct in them.
selves, but so near each other that they
confuse each other.
Judge Curtis mingles these questions so
entirely, that no study of his pamphlet en-
ab!es me to see clearly; as to much of his
argument, upon which Of these questions it
is intended TO bear.
Let us separate these questions.
am sure that the President has no pow
er to emancpatc single slave, as u civil,
political or administrative act.
Was it expedident2 leave this question
to the President. For he is honest, he is
capable, he has considered the question
long, carefully and painfully, and in all the
relations in which it can present ITSELF
However wise may be, or Judge Curtis
may be, on this subject, the President must
be wiser, or all ru les of probability fail.
AS TO the remaining question, have not
the slightest doubt of his constitutional
power, rs Commander in Chief to issue
this Proclamation as a military not.
Ii Ilalleck, when before Corinth, might
have sent force a hundred miles to catch
aud bring into his lines hundred negroes,
with the wagons, horses and provision they
we've bringing to Beauregard the President
aud Commandor.in- Chief sitting in the
centre, with wider views, wider necessities,
aud wider rights to meet those necessities,
may, 1t he can, prevent the whole mass of
slaves from aboring to feed the rebellion.
He may, If he can, by the danger IF insur.
rcctlon, or OF starvation, or of loss of prop
erty, dlshearten the rebels and drive their
armies home
TO say otherwise, would be say that he
might strlks at rebellion, but must be care.
ful not to strike away its cornerstone.
Can he do it in fact2 The question touch
es the expediency of the measure, and this
| leave TO him. But it does not touch his
military right to threaten it, and to do il il
he can,
Judge Curtis speaks much and eoauent.
ly OF the Presidents right to iuilict penalty
and punishment, aud the rights Of the
rebels TO the protection Of law.
Rebellion has no rights. II rebellion
means anything, it means the remuneration
and destruction ofall law And therefore,
1t u accursed before God and man.
No rebel has any right regard forwhichl
should weaken or obstruct any military
measure needed to subdue the rebellion.
Judge Curtis's argument would give the
Constitution and the law to the rebels, as
their sword to smite with, and their shield
to save them, aud leave il to us only as u
letter.
Then he tellsus tho innocent must suffer
with the guilty This il true and it is sad
But when the mingled fire and hail Of Gods
vengeance run along the ground, they pursue
no devious path that they may leave tho
homes OF the innocent unharmed for when
national slns bring national calamties, the
innocent suiler with the guilty. This may
be one Of the mysteries of Providence: il is,
at all events, fact. Aud what has been
will DO.
THEoPHILUs PARSONS.
Cambridge
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