The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1862-11-12
Judge Curtis Pamphlet.

Benz. g. Curtis, of Boston, Mass, late
Judge Of the Supreme Court of the Uni
ted States, has written pamphlet entitled
g Executive power in which he discusses
the right and power of the President to
issue his late proclamation freeing the
Slaves and suspending the writ of habeas
corpus Judge Curtis was formerly a
member of the Supreme Court of the
United States, and is now member of
the Republican party. While a member
of the Supreme Court he delivered the
dissenting opinion in the celebrated 'Dred
Scot" ease, which opinion was extolled
by the members of the Republican party
as most learned as well as correct de
cision. Judge Curtis, as jurist of ac-
knowledged ability and as an ex-member
of the Supreme Court, and as friend of
the President, has declared the late proc
lamations of the President to be uncon-
stitutional and an usurpation of power
dangerous to the liberties of the people
of this Government. ~ aes ~
The people at the ballot box in the late
Elections have likewise condemned the
course of the President in the matter of
the proclamations. Judge Curtis in speak
ing of the time when the emancipation
proclamation is to 60 into effect makes the
following remarks as to the effect it will
have upon the people, and their right to
discuss it and the Presidential DEGREES:
ssOur public affairs are in condition
to render unaaimity, not only in the pub
lie councils of the nation, but among the
people themselves, of the first Importance.
But the President must have been aware
when he issued these proclamations, that
nothing approaching towards unanimity
upon these subjects could be attained
among the people, save through their pub
lie discussion. And as his desire to act
in accordance with the wisest and best
settled and most energetic popular senti-
ment cannot be doubted, We may Justly
believe that executive action has been
postponed, among other reasons, for the
very purpose of allowing time fer such
discussion ....ss ss,.., .t.sS.-.y
And, In reference to the last proclama-
tien, and orders of the Secretary of Var,
intended to carry it into practical effect,
though their operation is immediate, SO
far as their express declarations can make
them SO, they have not yet been practi-
callys applied to such an extent, or in
such way, is not to allow it to be sup
posed that the grounds upon which they
rest are open for examination.
However this may be, these are subjects
in which the people have vast concern. 1t
is their right, it is their duty to them
selves and to their posterity, to examine
and to consider and to decide upon them;
and no citizen is faithful to his great trust
if he fail to do SO, according to the best
lights he has, or can obtain. And if
finally, such examination and considera-
ton shall end in diversity of opinion, it
must be accepted is justly attributed to
the question themselves, or to the men
who have made them.
1t has been attempted by some partisan
journals to raise the cry of disioyaly "
against any one who should question these
executive acts.
But the people Of the United States
know that loyalty is not subserviency to
A MAN or to A PARTY, or to the opinions
of nenspapers; but that it is an honest and
wise devotion to the safety and welfare of
our country, and to the great principles
which our constitutional government en-
bodies, by which alone that safety and
M al f,ra oo,, ba eoon,ad And uhop fhaeo
principles are put in jeopardy, every true
loyal man must interpose, according to his
ability, or be. an unfaithful citizen.
This is NOT government of men. It
is government of LAWS. And the laws
are required by the people to be in con-
formity to their will; declared by the Con.
stitution. Our loyalty is due to that will.
Our obedience is due to those laws and
he who would induce submission to other
laws, springing from sources of power not
in the people, but in casual
events, and in the mere will of the oceu-
pants of places of power, does not ex-
hort us to loyalty, but to desertion of
our trust
That they whose principles he ques-
tions have the conduct of public affairs;
that the times are most critical; that pub
lie unanimity is highly necessary; while
these facts afford sufficient reason to re-
strain all opposition upon any personal or
party grounds, they can afford no good
reason-hardly plausible apology-for
fiilure to oppose usurpation Of power,
which, if acquiesced in and established;
must be fatal to a free government.