The mountain Democrat., 1863-01-31
Additional bx. .Juags Carts.


The following Tvrve itnPdrtaut passage
has been 8 AddeSl By JHdga rtiAutis to his
pamphlet OR- Executive Power as that
publication appears 10 a new edition
These conciuSiions concerning Che pow.
Srs'6f TIE PtesideDt cannot be siaken by
the assertion that rebels have no rights"
The assertion itsalf is not true, in refer
eAcc either to the seeding States or their
people. ........,,., ..,..,
It is not true Of those States, for the
government Of the United States has
never admitted, and cannot admit that,
as Ststes, they are in Rebellion. \ State
is simply incapable Of doing Jaay-, ,ySli1
act, in SNsSSf,-,> niYn ne EOnSittalon or
laws Of the United States; and the Con
Stitution is as much the supreme Jaw Of
the land'in Tennessee to-day, as it was
before the void act Of secession was at.
- FSA by 4 pant oStAg pCETAe, Elss t"G
act was c4ectdal, aud tie State * indie.
pendent Of the United States, and the war
is war of conquest and subiugatiOn.
Nor is the assertion. that "rebels have
no rights" applicable to the people Of
those States. 1t is strange that any ono
having even that acquaintance with pub
lie law, which Chatham's indignant pro.
test has made familiar to Americans, could
have failed to feel it to be untrue. When
many millions of people are involved in
civil war, humanity, and that public law.
which in modern times is humane, forbid
their treatment as outlaws. And if the
United States are now their rules of duty
towards us, OH what ground shall VIC
deny, that public law and the Constitu.
ton, and the laws made under it, are also
our rules Of duty towards them? The
only just idea OF law is, that it is q rule
Of, action which governs all who are
within it scope. None are SO degraded,
even by crime, as TO be too low for its
protection; none so Elevated by position
or power, a. to be above its reach. And
when we advance that highest conception
Of human law, known, practically, in our
own country only, and come to constitu-
tional law, the embodied will of the peo.
pie, by which they govern the governors,
what governors are beyond its control /;
what citizens are too low for its protec-
ton? Penalties and forieitures may be
inflicted by the Legislative power rs pun
ishment for crime, but not even treason,
the most deadly Of all crimes, can set free
the legislative or executive power, from
the restraints which the peoples law has
imposed on them, or remove one man. or
any number of men, from under its pro-
lection,
But IL it were conceded that "rebcls
have no rights" there would still be
matter demanding the greatest considcra.
ton. For the inquiry which | have in
vited is not what arc their rights, but
what are our rights.
Whatever may bc thought Of the wis
dom Of the proclamation Of the President,
concerning the emancipation of slaves, no
one can doubt its practical Importance, if
it is TO take effect TO set free about
four millions Of slaves, at an early fixed
day, with absolutely Y no preparation for
their future. and with no preparation for
our future, in their relations With uR, and
to do this by force, must be admitted to
be matter of vast concern, not only TO
them and to their masters, but to the
whole continent on which they must live.
There may be great diversities Of opinion
concerning the effects Of such an act.
But that its effect must be Of stupen.
duous importance, extending not only
into the Border loyal States, but into all
the States, North as well as South, sup.
pose no rational man can doubt. How
has the President acquired the power to
decided the question whether this great
net shall be done? How have the peo-
pie Of the United States, or any part Of
ti1ein, conferred on him the rightfal DOW.
er 10 determine for them this question of
such an emancipation, to be made under
such circumstances? If the people who
are in rebellion have no rights, the loyal
people Of Kentucky, Of Indiana, Illinois,
Ohm, Maryland, and Pennsylvania, have
rights. tits among those rights that the
President shall not assume to decide for
them question which they have never
consented he should decide II is among
the rights Of all Of us, that the powers Of
each State to govern its own internal af.
fairs, should not be trespassed on by any
department of the federal power; and it
is a right essential to the maintenance of
our system of government. 1t is among
the rights Of all Of US, that the executive
power shonld be kept within its prcscrib-
ed constitutional limits, and should not
legislatc, by its DEGREES, upon subjects of
traWscendent Importance to the whole
people.
4 RI-cISrSc I,7Srpp S;.. an, r,>or