The mountain Democrat., 1863-01-17
Radical AbOlitIOnISm Triumphant
Fhe COnstItutiOn RePudlated.

admit, ont, say tnet, tue TTeoiueuh 10 eoO'S '''S
Constitution. They would have US believe that
| the President can do no wrong that he can,
at his caprice or pleasure, make or unmaIe
laws; that his oath to support the Constitution
! - .,-N HsvN--- Ns-~ cr>,vD au alto
glance TO Il: that his edict alone is the "su-
premc law of the land" This is dePlorable
a dangerous error, and if accepted a. correct
must destroy our Government
Mr.. Lincoln is as much bound to observe the
| Constitution as the bumblest citizen in our
land, and il he can violate It with impunity
others have the same privilege. There are no
"privileged classes in on. country; our fathers
wisely fDrbid them, b eeving them to be incon
sistent With the spirit of Republican institu.
tions; no T,an is above and beyond the reach
OF the CNnsiaGS~s--- - - Ia
| dirty and should be the pride Of all TO preserve
/ the Que inyiolate and obey the other. We are
not willing, the patriotic people Of the Union
are not willing 10 sanction the higher law
doctrine" much as the Abolition traitors in the
Ca{a<,,..., 81, l;' - - @,- rIStEegisla-
ture may desire it. The people will hold Mr..
Lincoln responsible for every infraction Of the
Constitution, and when the day Of trial comes,
as come it must, his appeal to the higher law
doctrine in Justification Of his conduct, will be
laughed to scorn.
In the debate in the Assembly on the resOlu-
ton indorsing Mr. Lincoln emancipation proc
iamation, Mr.. Sanderson, lawyer Of respecta'
BILE attainmcnts gave utterance TO the following
extraordinary and reasonable language:
| The President was Chief Magistrate Of the
| country, and also COMMANDMENT Chief of the
Army and Navy. AS civil magistrate he had
| no constitutional authority to issue the procla'
nation, but as COMMANDMENT Chit of the Army
| and Navy he possessed such authority. Acting
| in that capacity, there could be no question OF
the constituti0naiy Of his proclamation. Who
| ever heard of war prosecuted under tic forms
| of Constitution! War had no Constitution,
| no law, except its own bloody code, and 1t was
| in this view that he upheld and maintained the
| action of the President.
Remarkable language for lawyer and still
more remarkable for a profrsscdly loyal ci'i-
zen! Pray, Mr.. SanderSon, what makes Mr..
Lincoln Commander-in- Chief Of the Army
and Navy? Clearly the Constitution. Then,
this being q time of war, and We having no
| Constitution, by parity of reasoning Mr.. Lin
| coin is not, cannot be "Commap der-in- Chief Of
| the Army and Navy" The instrument that
confers this Office upon him, you declare, is not
in existence War has destroyed both it and
the laws, and along with them necessarily the
Office of President and Commander in Chief of
the Army and Navy. Is not this logical de-
duction?
Mr.. Lincoln derives his position and authori'
ty from the Constitution, and if we have no
Constitution, as Mr. Sonderson recklessly as.
serts, Mr.. Lincoln is without position or author
ity, and a usurper if he holds the one and exer-
cises the other. 1t is absurd and reasonable
to assert that q simple edict of man without
position or authority-for we insist if we have
no Constitution we have no President nor Com
mshderin Chief Of the Army and Navy-su-
percedes the Constitution and the laws. five
have neither Constitution nor laws we have no
Government, and every man is at liberty to say
and do as he plcases. According TO the arGu-
ment of the Abolition traitors in the LcgisIa-
ture Mr.. Lincoln is an autocrat; has night to
override the Constitution and issue an Imperial
ukase; be is not the servant but the master Of
the people his uncontrolled will is law, and
must be obeyed at all hazards. To oppose it is
an evidence of dsloyalty.
The Legislature has shown what small politi
clans think Of Mr.. Lincoln's proclamntion.-
Now let us see how statesmen, eminent for
their virtues, patriotism, humanity and sagacity
regarded similar propositions. On this point
the Louisville Journal publishes a number Of
extracts, from which we quote: The policy Of
the proclamation, alike in its immediate end
and in its mediate consequence, violates the
laws of civilized warfare. The immediate end
Of the policy is the emancipation Of the slaves
Of the enemy; the mediate consequence is the
incItement Of servile insurrection. Both are
condemned by the laws Of civilized warfare
And to the fact and justuess Of such condemua-
tion our own country is especially committed
The principle is said John Quincy Adams, in
his instructions Us Secretary Of State under
President Monroe to our Minister at London,
touching the slaves captured and carried away
by the British in the war of 1912, that the
emancipation of an enemy's slaves is not among
lue acts vi IcBltlulute NAT--hS TeluleS 10 lIe
owners it is u destruction of private property
nowhere warranted by the usages of war. In
the statement Of the British ground of argI-
ment upon the claim Of submission, they have
broadly asserted the right of emancipating
slaves-private property-aS q legitimate right
of war. This is utterly incomprehcnsiLle on
the part of a nation whose subjects hold slaves
by millions, andvwho, in this very treaty, re-
cognize them as private property. No such
right Is acknowledged as L law Of war by wri-
tcrs who admit any limitation. The right Of
putting to death all prisoners in cold blood and
without special cause, might as we'll be pre-
tended to be 4 law of war, or the right to use
poisoned weapons, or to assaSsinate.' Such is
the language of Mr.. Adams, used deliberately
after complete survey of all the authorities
extant on the point, and under the sense of his
solemn accountability as the official organ Of
the nation. 1t leaves absolutely nothing to be
said on the question by an American citizen
citner in confirmation or confutation. With
respect to servie Instruction our country is
committed not less explicitly and even more
impressively. Our fathers solemnly denounced
rs illegitmate the rule of warfare embraced in
the encouragement of servile insurrcction.-
He has excited domestic instructions among
VI, proclaimed tho Declaration of -Iutepep.
dence, in the course Of the long catalogue of
crimes for which they arraigned the King of
Great Britain ut the bar Of nations, 'and has
endeavored to bring on the inhabitants Of our
frontiers the merciless Indian savages, whose
known rule of warfare is an undstingushed
destruction of oil ages, sexes, and conditions
We need not say the known rule of warfare Of
black savages is at all events net more humane
or more discriminating than that of red ones.
H. & |. IL