The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1863-05-29


April, 1851. From that the country
las been in state of war, the history
hprogress of which are familiar to
kpre than two years have elaps-
kg which the Treasure of the
been lavishly contributed
as freely flowed, aud this
rebellion is not yet sub
due' Hrgics of the loyal peo-
pie q IN are to be put to fur
thcr trfNfsssiid in all probability the
enemy is yet TO be encountered on
many bloody field. ,...
1t is not to be disguised that our
country is in imminent peril, and that
the crisis demands ofeyery American
citizen, q hearty support of all proper
means for the restoration ofthe Union,
and the return Of all honorable peace.
Those placed by the people at the
hend of the Government, are earnest
ly and sincerely devoted to its pres
crvotion and perpetuity. The Presi-
dent may not be man of our choice,
and the measures of his Administra-
ton may not lie such as all can fully
approve. But these are minor con-
siderations, and can absolve no man
from the paramount obligation of
lending his aid for the salvation of
his country. All should feel that no
evil they can be called on to endure
as the result of war, is comparable
with the subversion of our chosen
| Government, and the horrors which
must follow from such a catastrophe.
l have referred thus briefly to the
present crisis of the country as hav-
ing some hearing on the question be
fore the Court 1t is clearly not q
time when any one connected with
the Judicial Department of the Gov
,ernment, should allow himself. ex-
copt from the most stringent obliga-
tins of duty, to embarrass or thwart
the Executive in his efforts to deliver
the country from the dangers which
press so heavily upon it. Now, the
Question which / am called upon to
decide is, whether Gen. Burnside, as
an agent OF the Executive Department
OF the Government, has transgresscd
his authority in ordering the arrest OF
Mr. Vallandigham If tho theory of
his counsel is sustainable, that there
can be no legal arrest except by war
rant based on an AFFIDAVIT of probable
cause, the conclusion would be clear,
that the arrest was illegal. But l do
not think l am bound to regard the
inquiry as occupying this narrow base
General Burnside, by the order of the
President, has been designated and
appointed to take the military super
vision of the Department of the Ohio,
composed of the States Of Kentucky,
q, 10, Indiana, Illinois, and Michigan
TLo ;. "ecise eXtents of his authority
In ,his ra -ponsible position are not
known to the Court 1t may, how
ever, be properly "ssu'4eu as a ialr
presumption, that the ieeioen' nts
clothed him with all the ''"e. neci =
essarc to the efficient discha 'Se oi
his duties, in the station to which he
has been called He is the represen-
tatiyc and agent Of the Pesidcnt, with
in the limits of his Department. In
time of war, the President is not
above the Constitution, but derives
his power expressly from the provis-
ion OF that instrument, declaring that
he shall be COMMANDMENT. Chief OF
the Army and Navy. The Constitu-
ton does not specify the powers he
may l'ightfuIly exercise in this charac-
ter, norare they defined 10y legislation.
No one denies, however, that the Pres
ident, in this character, is invested
with very high powers, which 1t is
well known have been exercised on
various occasions during the present
rebellion. A memorable instance of
its exercise is seen IN the Emancipa-
tion Proclamation issued by the Presi-
dent rs. Commander-in-C Chief, and
which he .iustifics rs military neces-
sity. 1t is, perhaps, not easy to de-
fine what acts are properly within this
designation, bat they must undoubt- |
cdly he limited TO such as are deemed
essential to the protection and pre-
servation of the Government and the
Constitution, which the President has
sworn to support and defend. And
in deciding what he may ri9htfully do,
under this power, where there is no
express legislative declaration, the
President is guided solely by his own
Judgment and discretion. and is only
amenable for an abuse Of his author
ity by impeachment, prosecuted ac-
cording to the requirement Of the
Constitution. The occasion which
calls for the exercise of this power ex,
lists only from the necessity Of the
case; and when the necessity exists,
there is a clear justification of the
act.
Irthis view the power of the Pres
ident is correct, it undoubtedly i'm
plies the right to arrest persons, who,
by their mi5chievious acts OF disloy'
atty, impede or endanger the military
operations OF the Government. And,
If the necessity exists, ! see no eason
why the power does not attach to the
officer or Gene.al in command OF II
military department. The only rea-
son why the appointment is made, is
that the President cannot discharge
the duties in person. He, therefore,
constitutes an agent to represent him,
clothed with the necessary power for
the efficient supervision Of the mil
litary interests OF the Government
throughout the department. Andit
is not necessary that martial law
should be proclaimed or exist, to en-