Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1862-11-04
Nreen N.t. freeman
A Short and Convincing Argument.
MONTPELIER, VT.
Tac,day Morning, = ovember 4, 1902.

a Short and Convincing Argument
Judge Curtis, OF Massachusetts, with other
noted men Of the past generation, entertains the
opinion, that the institution is IN the way OF
nearly all energetic measures on the part Of the
Government to suppress rebellion 10 illas-
trate his faith in this particular, he has written
and Published pamphlet, in the cilortto make
it appear that tho emancipation proclamation,
Is 81 demonstrations. act This pamphlet,
Iheoplus Parsons, an eminent professor, in the
Cambridge Law School, thus convincingly deals
with, IN a short letter to the Boston A4rerl-
scr
There arc three questions concerning the
PRESIDENTS emancipation Proclamation. One
has he constitutional power to issue it as
civil, political or administrative act? The
second, was 1T exp,1lentl rne third, has he
constitutional power as COmmanderin-chief to
issue it, at 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 the mingling OF
questions which are distinct in themselves but
- near each other, that they confuse each
other.
Judge Curtis, mngles these questions 81 en-
tirey, tina no study Of his pamphlet enables
ane 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 power to
cmancIpi tie single slave, as civil, political
or administrative act.
k.a.. -,
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 rules Of proba-
bilty fail.
AS to the remaining question, | have not the
slightest doubt Of his constitutional power as
Com nander-n-C Chief to issue this proclamation
as . military act.
If Hleck, wlen before Corinth, might have
sent force a hundred miles to catch and bring
into his lines Il hundred negroes with the
wagons, horses anG provisions they were bring
ing to B3auregard, the President aud Comnan-
derin-Chief, sitting in the center, with wider
views, wider necessities and wider rights to
meet these necessities, may, II he can, prevent
she who Q mass of slaves from labOring to feed
the reb- lion. lie may, il he can, by the dan
ger of instruction, or Of starvation, or oil loss
OF property, dshearten the rebels and drive their
armies hom1.
10 say Otherwise would be to say that he
might strike at the rebellion. but must be care.
full no, to strike away It's corner stone.
Can he do it in fact This question touches
tle expsdiency Of the measure, and this leave
30 him But it does not touch bis military
right to hreOten it and do it If he can.
Judge Gurus speaks much and eioquenlly Of
the Presidents right tn irll;ct penalty and
E" punishment" AMI the rights OF the rcbes to
the protection OF the law
Rebellion has no lights If rebellion means
anything it means the remuneration and DIES
trnctlnu Of all law. And therefore it is ac-
cursed before God and man.
No rebel has any right, regarl to which
should weaken or obstruct any military measure
needed to subdue The rebellion
Judge Curtls's argument would give the Con.
stitutiOn and the law to the rebels, as their
sword to smlto with and their shield to save
them, and leave IL to us only as u letlcr.
Then he tells us the innocent must suffer
with the guilty. This is true, and it is sad
y It when the mingled fires and nail Of God I
vengeance run along he ground, they pursue
no devious path that they may leave the homes
OF the innocent unframed for when nationa
sins bring national calamltles, the innocent sut
fer with the guilty TINS may be one Of th'
mysteries Of Providence; it is, ut all events, i
tact, And what has been will be.
TnE1PuLUs PARSONS.
Cambridge