The dollar weekly bulletin. [volume] (Maysville, Ky.) 1862-1864, 1863-01-03
nGAYsv1ELE, KY, THURSDAY JANUARY 9, 1865 80

udNe VlOlateQ the ConStltutlOn IN euaCIlns
the confscation bills on your statute. book
but on that point, there is contrariety o
opinion.
Then, in the next place, the President. BY
a proclamation issued on the 22d of Sep
tember, undertakes to emancipate the slaves
of the country, or declares that he will do !;
at certain time. If he carries out tha
proclamation. his act will be in plain auc
palpable violation Of the Coustit tutiou of th.
United States; and I,need but refer to the
Presidents inaugural address, and to the
clause of the Chicago; platform which he
quotes in that Inaugural address. to prove
the fact; because the, President there an
nounced, as clearly and distinctly as it i:
possible to state any proposition, that the in.
stitution of slavery is matter of dom este
concernment, and is left to the people of the
States alone to regulate and control it, to es.
tablish or abolish it, and that the General
Government has nothing to do with it,
That is the doctrine OF the inaugural address
aud the very converse of it is the doctrine
| of the Presidents proclamation. -
Then, sir. the President issued a emark-
able proclamation two days after that, on the
Oath of Septemb ber. I regard the first as 6
proposition to free slave negroes, and the last
as proposition to snsls We white men, be-
throughout the whole country. / will read
part of the proclamation. because I do no:
wish to m isrepresent the Executive, of whom
desire to speak with respect; but while dc
that, wish in plain aud unmistakable lapgu
age, no innuendo or hint about l., to point
out to the Senate the provisions of the Con-
situation which 1 think have been violated
by lin. The proclamation of the Oath oil
September undertakes to order:
81. That during the existing insurrection
and as a necessary measure for suppressing
the same, all rebels and insurgents. their
aders and abettors, within the United States
and all persons discourasing volunteer en-
listme nts. resisting militia drafts, or guilty
of any disloyal practice, afordjng aid and
comfort to the rebels against the aut hority oi
the U nited States. shall be subject to mar
tial law, aud liable to trial and punishment
by court m artial or military comm ission.
"2. That the writ of habeas corpus is sus-
pended iR-respect to all person arrested, or
who are now, or hereafter during the rebel
lion shall be. imprisoned in any fort, camp.
arsenal, military prison. or other place OF
confinement by any military. authority, or by
the sentence of any CO urt- martial or military
commission" -f ..t .-...-t
I wonld ask the Senator from Maine
yea, sir, would ask the friends Of the Ad :
miustration-to tell me if that is not plain
violation of the Constitution of your COT untry
The President tells you all these person
sh all be tried by military commission. Now
what does the Constitution say? l will
read it: ..
"No person shall be held to answer for a
capital or otherwise infamous crime, unless
on prssoDtme indictm ent of grand
jury, except in cases arising in the land or
naval forces, or in the militia, when in actual
service in time of war or public danger; nor
shall any person be subject for the same of
fense to bs twice put in jeopardy of life OF
limb; nor shall be compelled in any Grim ina1
case to be witness against himself; nor be
deprived of life, liberty, or property, with
out due process of law; nor shall private pro-
perty be taken for public use without jus
compensation" ...
That is the fifth article of the amend
ments to the Constitution. 1t tells you how
every man shall be tried, except one who il
in the land or nava! service; and vet the
President of the United States. in plain vio
lation of that provision of the Constitution
has issued proclamation declaring that he
will try civilians, persons in no way connect.
ed with the Army by military com mission
Is not that plainly violative of this clause o
the Constitution? There can be no doub
about it. The Constitution is the same ir
peace and in war; the constitutional rights
of the citizen. the guarantees of the Consti
tuition that protect him in his life. liberty
and property are not enlarged, limited, o.
suspended in time of war, they remain il
full force and effect.
The Senator from Maine says all this i
done under the war power, and that the wa
10 hot iT,5i al hot
He resorts again to that old plea Of tyrants
necessity. Mr. President. have heretofor
discussed this point at some length, but
have an authority before me which I will
trouble the Senate by reading. 1 st ated il
the previous debate on this resolution tha
the military was subordinate to the civi
power, and that our Articles of War wer
for the government of the Army, and pres
cribed what should be done in regard t.
courts-m artial and courts of inquiry. / salt
that by the Articles of War men in the mil
itary service were bound, but that they dit
not apply to civilians The Senator seem
to think that this position of mine was un
sound. say, further, that wherever th
Articles of War do not apply our armie
must be governed by the rules of warfar
which prevail with civilized and Christia
nations. l hold in my hand very elaborat
and able article, written by Hon. Benjamin
r. Curtis, of Massachusetts,. lately judge Q
the Supreme Court Of the United States,
man eminent for his ability. man who,
have heard the distinguished Senator fror
New Hampshire Mr.. Halel say on this FOO
upon more occasions than one, was the onl
lawyer on the bench of the Supreme Coul
of the United States, and who retired in di:
gust from his associates because he was tn
, only man learned in the law upon the bench
|, That was the idea of the Senator from Ne
: Hampshire, though, of course he expresse
it in more graceful aud elegant language
He is the judge who delivered the dissent
Il ing opinion in the Dred Scott case. In tn
9 opinion. / confess I Ithought Ind ga Curt