The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-01-21

virtue Of authority smana,ug from any civil ma s,o,o
Neither oan they be justified because of any ao,s
ins from 4 military eoTpnder i'r ne pc <a-.as4a a.,
-srs not IN he military service and a. es af,essa
sct 10 hat termed military law, an ~, !, = 80 80.
c;nle th.t what Is called martial fVs - "a s,,
extend beyond the led Of active pps a,sps a. H. COM
uAHsAs ooRrus
Hut Illegal arrests would rot haze d.. - o,,ro 90 -
the PRIV ilcge o. the wrr Of hah<as . Nh e,,sir "a
inyolate for in such case the mpr /, Tent n unlavfu
wouiu psa s gu rsesuspension Of that
the III u me person who con rpaded me arrest There
susnepded in eases - REM q haeeas corpus may be
safety require II. But Of vital rnpor,ancc 10 tho
I, ac ha ny ~n aver tho priv iiese oil this great
are he'd The power 20 suspend The writ ol habss cor
pus sA s'h ~ 'he islaVe and not IN the executive
OF judicial opinion both in Nm gland ard smsrica IN onr
national const eticn The provision in nee 10 the
S,aI ~ IRE writ is enumerated among the powers
s 60, congress. Tho representatives, coming from
oss,y sae and district imineiatey rcresent
~ n nS fe, are 10 decide when public safety requires
IHf An INTENDED 10 BE ysorgcnoa EXECUTIVE
:. POWER.
II. had been intended that great power over tho
u Jecty Of millions should DO deposited in tho breast Of
'ne individual, It would have been stated in the
statutiUa express terms. Tho IA origin was
intended TO relieve from the abuse OF executive power
and 1t would be plpabe absgrdity to vest The
of its operation that department OF government
the action OF which IL designed TO review aud re-
strain II rs as much departure from the constitution
aest as dangerous in it's tendency for one DO ar
ment of government to infringe upon the province and
the powers tolerated TO another department as
IL Is TO usurp powers that have never passed from the
people.
rilE POWER nor SUSPEND r,r CONSTITUTION.
In the aosence Of other authority 70 Justify these
rests, IMPROVEMENTS and denia ~ The habeas
corpus, no~ power has been invoacd IamiliIy called
the aar power OF military necessity " II 10 ained
that this power oyefrrts all others, aud vets tho
executive of government in time OF war. the right
military commanaor 10 90, any part oi the oounry,
any thing winch he may think VIII best suodre The
my. This power, as CLAIMED virtually snspcnds tho
constitution IN time OF IL ignores al branches OF
the government except The executive BY Congress
Can DC dissolved at peasdre and the courts can be sus
pended. BY it every member OF Congress every
Judge in The land can be imprisoned II II he ih3nilt tho
pest Meaus 70 aGbdie inc enemy ~ i the wants OK
! tue banks be entered, and tn tte3sufe tixgn
| therefrom without pledge Of paylucnt eetgsn,
] u money a tne tl'ne be considered 'tmilt-
i;ar necessity AS this ALLEGED power s liniLad only
by tie viii and discretion Of him WHO exercises ID
Is no conceivable form of outrage 1dvidul .eh.s
or pubic Interests that cannot be ere "a pnder Il.
All !esitTrate power IS SUD rdu,te 70 tho cons.
ton. any 0.hec Gcctrue would gya man, III time
o. var, power cooxeasiye with his wIil--or ii other
words. despotic power.
The motives viii which this power may .bo used are
various sappose ths motive good in executive d
thero any security that the motive ~ another Wit
| pureY AGAIN the mo- iyo nay be pare and vet there
may be radical q adgment. hut now
DISCUSSING motives. II IS against tho pfiuciae NE oest
! N the name Of the re,ps az 4 siysr IN stare rr,oe
dents arc being established and all history warns Us
| against entertainments OF poser.
But Whatever may be tho iuotve With which 1t s ex
ecised unauthorized power does not Tend slbdue the
enemy u may be taken cstabi, he'd principle that
10 violation Of law o. assumption d power, however
4
| parent temporary advantage will be oyerc me BY the
weakness which General consciousness, o. inscc,y
rights necessarily eDgendeis That government only Is
muiy slFohg Wncn Aeets @Hhh ~ constitutional limits
The true friends Of the government y tho united states
who desire It's perpguity aDj the PERI oty OF tho Unlon
naye 'hersloe regarded NE exercise OF THIS assumed
! power With great apprehension.
EMANCIPATION UNCONSTITUTIONAL
The chief fruit Of this war power tho efuarora
ton procamson which, If il be const lticna al
yields 70 the Executive not merely legislative powers,
but legislative powers beyond those which Congress
lawfully exercise IL yields 70 the Executive alope what
ny the constitution, Congress ard tho Executive
bined cannot legally do 1t assumes that edcL of
an executive officer change the domestic relations OF
communities and repeal laws guaranteeing the rights OF
property whoc States and districts, whether that
property belong TO the loyal to the doyaL Not only
Is the constotonalty o. this measure proper subject
tionai, IS theme which cannot be avoided This aues-
tion should be examined not only in reference TO our
interests but aso in recere CO 10 the intercs of Inc
Gndn scrvtlde Va should look at H. not only
with the eye Of reason. but with ire eye Of humanity
1IE MrAarRg cRu.L 10
Has any satisfactorily tho question
now the sudden liberation OF three millions beings
without property without homes, without education, Ia
dusry enterprise sufficient 10 prov
beings IN their present condition, self-sastanng
TO benefit either the white the black Where
they to go? 10 col nize such mnltude IL place
could DO procured and they would be willing TO ongrate
would Involve the nation IN reirrvable bankruptcy
which probability States already provided
they would be under the worst form q slavery ana
the burhens of taxation and debt upon IA would be-
SO increased seriously 10 enbarrass cserity
LABOR
room for labor aud that If they should here the
white aborers can exchange places with them Are We
condition improved What then u become Of them
Does any sane believe that two distinct races OF
brought into social couaiycan long exist ID the same
locality IN almost equal numbers, without
coming subject 10 the other!
DANGERS sEpvILr
Are we to violae the rules civilized warfare by H.
vitng and encouraging servic Instruction. which
IL mas borne It's bitter fruits OF mdscrimnate s glitter,
must inevitably end IN the determination Of the
racer Is 1t humane TO subject these beings
70 this consequence II the abolition % slavery be
cessary consequence Of the war; both will
endure the evils which in their prcsen. condi-
| ton 1t would bring them; but matte e,nan-
cipaon the object OF the would b. 60 use
the treasure and blood of the country u carry
out the polca! views which great cxtcnt
produced the war would be in bad faith TO the nation
and especially to those who reely given their
wealth and voluntarily their lives 10 ihe govern
ment, after that had pu, on
record that the not to be for pur
pose Of overhrow,ng the established installations of the
States" Our energies be devoted 10 RESTORATION
OF the Unon and the problem OF emancipation one 20
be solved hereafter people abe States where t
people IN servitude should not by fire and sword
thus be broken up without producing ncacuab msepv
emancipation should como, will come 80 as u be
OF the greatest benefit TO both races 1t viii
did IN New Jersey by tho voluntary action of people
OF the States whore the institution peacefully and
gradually, and without the dctstion interference the
general government or the government Of States
and without calling on the other States incur an i'm
mense debt equivalent to mortgage every 81
| The Project or EMANCIPATION TfK WAR
The project OF emancipation, fear viii prolons the
war. Whether intended or not like the
creation OF new States, II viii have the eject of
placing obstacle In the way restoration 81 inc
unon the great object for which should contend We
are tod that The belief that slavery tho the
war and that the war can never and the tho
nation DO preserved until slavery be abolished has led
departure from the original purpose OF tho This
- tnc radical error of the emancpatonisfs Slavery
the OF the than gold Ia the cause or
robbery or murder With the propriety II might
| DO said that commerce the OF last war
with Great Britain, and that commerce should be aoi
shed because the inrrcssment VI seameu led
To the collision. IN all these the passions Of
men taking the form or Illegal action. thp antece.
dent cause. II non viii reform themselves. kecp within
| the law ann observe constitutional requirements
there Is no reason why should live together as
harmonousy ss ancestors did In the carrier days o
the republic. Abolition and the authors OF