Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-11
Congress has Conferred Despotic Power
not on the Government but on the
President.

In speaking Of the all but absolute power
conferred upon President LINCOLN by recent
acts Of Congress over the rights, property, lib
erty and lives OF American citizens, We notice
it frequently said that this power is conferred
upon the General Government, or that the
Central Government has been authorized to do
this or that specific thing, as for instance, to
organize national militia subject at any mo-
ment to the call OF the President. to control
the money market, the value of all property,
end all the bank currency Of the country, and
to suspend the writ Of hGbsas corpus at any time
and In any place.
The impression ia sought to be conveyed that
these powers are lodged In the National Gov
eminent, which every well informed American
sohoolboy knows consists of three departments,
the Executive president and Cabinet; the Ju-
dicisl ~. 8. Judges), and the Legislative (Con-
gress); the members of each Of these three
departments being solemnly swofn before en-
teripg upon their respective Offices, to support
the Constitution Of the United States, the su-
preme law of the land. The three departments
we have named constitute the Governments "a
long GO they obey the Constitution and do not
transcend the powers therein granted; but the
moment they or either of them ceaee to obey
that instrument which expresses the sover-
eign will Of the people, or to usurp powers not
granted therein-tLat moment and to that ex-
tent, they cease, or the department SO offending
ceases to execute the functions of Government,
and is 60 far in no sense the Government or
department of the Government
The idea 10 conveyed-in fact the proposition
Is distinctly stated in respectable eiouruala-thst
Congress has clothed the Government with ex-
traordinary powers on account Of the present
emergency. The statement to an intelligent
American is a simple absurdty. Congress, a
branch of the Government, can no more confer
additional powers upon that Government or
any department thereof than State Legisls-
ture can. The Constitution confers in truth no
powers upon the Government as q distinct enti-
ty or thing II does not, strictly speaking, re-
cognize the existence of any such great over
shadowing power-so much talked of in these
days of political gibberish and nonsense-as
the Government. Il simply vests in Congress,
In President, and in one Supreme and other
Inferior Courts, certain well defined and lin
tied powers. Some Of these powers the Con-
stitution permits to be dormant, or rather they
cannot be exercised until Congress shall by
constitutional acts call them into exercise.
Congress at its last session conferred no pow
or upon what is called the General or Central
Governmept-frst because the Constitution
recognizes no such subject of legislation and
secondly, because the Congress must be regard
ed as constitutional part Of that Government,
and to confer power upon the Government would
be to legislate power into its own hands, which
is msnifestly absurd.
lis, therefore, whether designedly or mot,
misIeading the public to say that Congress by
its recent legislation enlarged the powers of the
General Government. Il did no such thing. =
Il attempted to change to some extent the
course Of judicial proceedings but the dicts-
torisl and almost absolute imperial powers
granted, It gave or attempted to give to Q func'
honasy whom the Constitution styles not the
Government, but "the President of the United
States" In whom 1t vests the executive power
and specially charges under oath, to the best
Of his ability, "to preserve, protect and defend
the Constitution of the United States"