Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1862-01-22

Z SOHSi WneIncr uaLlV6 OF 0aLurallZeu, WlSnl
the territorial limits of the United State
o And for the purposes of repelling an il
= vaslon, or If suppressing an insurreetior
: the general government has, under th
: Constitution, as absolute and unqualife
f authority to control and use this militar
strength for self-protection, as it woul
: have, if there were no domestic relations
| or peculiar institutions established, o
: recognized by the laws of the States respect
lively.
The general government is, under tn
Constitution, invested also with like pie
nary powers to support armies. 1t is ex
pressly provided that Congress shall hay
power to levy and collect taxes, duties, i'm
J posts and excises, to pay the debts and t
: provide for the common defense and gene
raj welfare of the United States; and Con
gress is also empowered to make ali law
, which shall be necessary and proper fol
carrying into execution the powers vested
, by the Constitution in the Government o
the United States, or any department Oh
officer thereof The wealth of the people
as well as their persons, is, therefore, By
the Constitution, subject to the control O.
the Government for the purposes of self
defense, in the exigeney of an invasion ol
insurrectioD.
i There is still another express power S.::s7.
en- to the Government for its self protection
against such a formidable insurrection.-
The levying war against the United States,
or adhering to their enemies, or giving them
aid and comfort, is made treason; and it is
thereby expressly provided that Congress
shall have power to declare the punishment
for that Ofense. The punishment is, both
in kind and degree, left to the discretion
of Congress, with only the restriction that
no attainder of treason shall work eorrup-
tion of blood, except during the life of the
person attainted.
In addition to the large legislative pow
ers, the executive powers of the Govern
ment in such an emergency are very ample.
The President is made commander-in-chiet
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. His official oath requires
him to faithfully execute the office of Presi-
dent of the United States, and it is ex-
pressly provided by the Constitution that
he shall take care that the laws be faith
fully executed. The powers and duties Of
the President, therefore, in repelling an in
vasion and suppressing an insurreetiOD, as
commander-in-chief of the military and
naval forces, and as the executive, are not
limited by even the laws of Congress, and
the manner thereby prescribed, as is the
else in times of peace.
These powers of the Executive in cases
of invasion or insurrection, to be exercised
by him and his subordinates, without be-
ing prescribed Or directed by Congress, may
b. denominated the war power, or martial
law. [ do not mean by martial law OF
military code, or laws for the government
and regulation of the army; but those
summary and discretionary orders made by
the Executive, and which he may regard
as required by the existing exigency for the
safety or success of the army, or the self
/ defense of the government. Such are
summary orders for taking or destroying
private property, seizing papers, suppress
ing intelligence, arresting and imprisOning
suspected persons, etc. etc. This power
may be exercised in war by the President
as eOmmander-in-chief, or by any of his
subordinates in command, in every partic-
ular exigeney, where the necessity of the
case requires its exercise. This power has
its origin and limit in the necessity of the
case. 1t is the law of necessity, which is,
in such case, very properly said to know
no law.
These, then, are the powers with which
the general government is clothed, under
the constitution, for its selfproteetion, in
cases of invasion or insurrection. 1t is
difficult to perceive wherein they could have
ben made more ample under the constitu-
tiou, for the selfprotection Of the govern
meDt gaainst insurrection OF invasion.
1t IS doubtless with reference to these
transcendent "war powars," invested in
the g, neral government for self protection,
that Mr.. Adams, (JOhn Quincy expressed
an opinion so startling at the time to South
ern statesmen. In his remarks in Con-
gress, on the 25th day of May, 1886, on
the powers of the general government in
such an exigency in the holding
States, Mr.. Adams said to his southern
friends; From the instant that your slave
holding States become the threaten of war
civil, servile, or foreign, from that instant,
the war powers of Congress extend to IN
reference with the institution of slavery
in every way in which it can be intertered
with. from claim of indemnity for slaves
taken, Or destroyed. to the cession OF the
Seate burdened with slavery TO a fUrelgu
pow9r." And on the 7th of March 1911,
he maintained that the same power might
be exercised in like emergency by the
General Government, in universal emanci-
patton. Again, os the l4th of April, 1912,
in his remarks upon the same subject Mr..
Adams said-"I lay this down as the law
of Nations. L say that the military takes
for the time, the place of all municipal in
stitutions, slavery among the rest. Under
that state of things, so far from its being
true that the States, where slavery exists,
have the exclusive management of the sub
ject, not only the President of the United
States, but the commander of the army
has power to order the universal emancipa-
ton of the slaves"
"If civil war come, if instruction come, is
this beleagered government to see millions
of its subjects in arms, and have no right
to break the fetters which they are forging
into swords? No. The war power of the
government can sweep the institution into
the Gulf"
Indeed, there can be no doubt of the
constitutional powers of the general gov
ernment to use any and all means for the
suppression of the insurrectiOn. which Eng
land. or any other independent government
might rightfully use to suppress evil IN
surreetion, and ensure self-prOtection' under