Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1863-07-22


the American people that they had a pril
Ten Constitution not only expressly defair
, but slso limihag the powers of the Govern
ment, and providing effectual safeguard
for personal liberty, security and property
And TO make the matter more positiv
and explicit, 10 was provided by the amen
datory articles, nine and ten, that "th
enumeration in the Constitution of ccrta
ylghis shall not be construed 10 deny or aes
parage others retained by the people,
and that The powers not delegated &c
the United States by the Constitution
nor prohlted by il to the States, are re,
served TO the States respectively, or to The
people" With this care and precautior
on the par. OF our forefathers, who framed
our institutions, il was not to be expected
that, at so early a day rs .his, claim o
the President 10 arbitrary power, limited
only by his conception of the requirement,
OF the public safety, would have been as,
serted. In derogation Of the Constitutions
provisions making the President strictly
an executive officer. and vesting all :he
delegated legislative power in Congress,
your position. as we understand it, would
make your WiR the rue of action and your
declarations of the requirements OF the
puolc safety the law of the land. Our
inquiry was not, therefore, Simply a
question pho shall decide, or the afhrma.
ton that nobody shall decide, what the
public safety requires" Our Government
is government o! lac, and'it is the lar.
making polecr which ascertains what the
public safety requires, and prescrbes the
rule OF action; and TIE duty of the Presi.
dent is simply to execute the laws thus
enacted, and not TO make or annui iaes. If
any exigency snail arise, the President has
the power TO convene Congress at any
time, to provide for it, so that the plea of
necessity furnishes no reasonable pretext
for any assumption Of legislative power.
For moment contemplate the conse,
quences of such a claim to power. Not
only would the dominion Of the Presilen
be absolute over the rights of individuals,
but equally so over the other departments
of the Government. # he should claim
that the public safety required it, he
could arrest and imprison judge for the
tious discharge OF his duties, par,
slyze the julicial power, or supercede it,
by the substitution Of court>martial subs
ltIl 10 N|S O~N Ntitt ALil OuSipul lllb WuDIG
country. Ifany one OF the States, even
far removed from the rebellion, should
not sustain his plan for prosecuting the
wsr, he could, on the plea of public safety,
annul and set at defiance the State laws
and authorities, arrest and imprison the
Governor Of the State or the members Of
the Legislature, while in the faithful dis
charge Of their duties, or he could abso-
ltely controi the action either Of Congress
'r o: the Supreme Court, 10y imprisoning
Is members, and upon the same ground
ne could suspend the elective frauchise,
the elections, and declare the
of his high prerogative. And
neither the power of impeachment nor
he elections of the people could he made
against such concentration OF power.
Surely it is not necessary to subyert free
Government in this country IN order to
lut down the rebellion, and il cannot Be-
tcns under the preteHcc OF putting down the
'obellion. Indeed, it is plain that you,
Administration has been weakened and
:reatIy weakened 10y the assumption OF
power not delegated in the Constitution.
La your answer YOU say TO US you
,laim that men may, il they choose, EN-
Jarrass those whose duty it is to combat
/ giant rebellion and then he dealt with
n terms as if there were no rebellion. -
You will find yourself in fault if you will
earch our communication 10 you for any
uch idea The undersigned believe that
he Constitution and laws of the land,
properly administered, furnish ample
JDwer to put down an iusurrection with.
,ut the assumption of powers not granite ed. !
And II existing legislation be inadequate,
t is the duty OF Congress to consider what
'urther legislation is necessary, and to
make suitable provisions by law.
You claim that the military arrests
made by your Administration, are merely
)rtueEtits atmt3;i5 90 ns injnnclions to stay
injury, or proceedings 10 keep the peace,
,ud not for punishment" The ordinary pre-.
rent tive RENE dies alluded to are unautho
zed by established law, but the preventive
you institute have their au'
,horty merely in the will of the Eyecu,
i've or that of officers subordinate to his
authority. Aud in this proceeding dis,
,retion seems to be exercised as TO wheth.
,r the prisoner shall be allowed a trial, or
wen be permitted to know the nature of
he complaint alleged against him, or the
lamo of his accuser. If the proceedings
,e merely preventive, why not allow the
prisoner the benefit of bond TO keep !he
,eaco. But ifno offence has been con,
nilted, why was Mr.. Vallsndigham tried.
convicted and sentenced by a oourt mar !
ial? And why the actual punishmel
" imprisonment or banishment, without
he opportunity ofobtaining his liberty in
he mode usual in preventive remedies, |
md yet say ii is not for punishment,
You still place Mr.. Vallandigham's con
fiction and Punishment upon the ground |
hat he had damaged the military service
oy dlscouraging eniistments and enoour. !
'ging desertions &C., and yet YOU have
not even pretended to controvert our DO.
iition that he was not charged with, tried
,r convicted for any such offence before !
he court martial
In answer to our position that Mr.. Val. |
andigham was entitled to trial in the
,ivl tribunals, by virtue of the late acts of
congress. vou say II certainly do not kno,p
Aut NJ VaAandlgham has Specifcalll, and by
lrcct language, aduiSed against ealistmsats and
fyyor of 1eSsrt0us aud reSiSt1pce N draff,n, -