Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-01-24
Judge Curtis Review of the lEoresident's


We pub'ished, some time ago, Judge Curtis legal
view Of the powers of the Executive which attract
ed SO much attention throughout the country The fol-
lowing verv portant passage has been added by ihe
author, and appears in new pamphlet edition:
.sThese conclusions concerning the powers of the
President be shaken by the assertion that rebels
have rights The assertion Itself : not rue IN re-
erance either to the seeding States or their people,
It IS Of those States for the governments OF
the United States has admitted, and cannot ad
nit that Stafes they in rebellion state IS
siuplv ineapable of doing any valid act in conflict with
the Constitution laws Of the United Sates and the
Consite is as much the supreme law of the land in
Tennessee to day it before the void act IF seces
sion was attempted by part of its people Else the
act was eectua and the State is independent Of the
Government of the United States and the war IS one
of conquestand subiugation.
Nor the assertion that rebels have no rights ap
plcable he people Of those States 1t strange that
any one having that acquaintance with public law
which Chathams indignant protest has made familiar to
Americans could have failed to feel It to be untrue
VIXEN many millions Of people are involved in civil
war humanity and that pub ic law which IN modern
times humane, forbid their treatment as outlaws And
if public law and the Constitution and laws Of the
United States are now their rules Of duty toward us
what ground shall deny that public law and the Con
ttuton and the laws made under it, also rules
of duty toward tnemf Ihe only gust idea of law ls
that il Is rule Of action which governs sl who are
I within lis scope
None are 50 degraded even by crime, to be too low
for its protection; eevsted by position OF
power as to be above its reach And when advance
IL hat highest conception Of human law, known, prac
ticay in our own country. and to constitutional
law the embodied will Of the people, by which they
govern the governors, what governors are beyond its
control WHAT eitiz too low for its projection
P nslties aud fOrfeitures msy be inflicted by the legs
laive power as punishment for crime but NOT even
treason the most deadly Of all crimes can set free the
legislative or executive power, from herestraints which
the peoples law hes imposed them, or remove one
man or any number of from under its protection
But if were conceded that "rebes have no rights
there would sti be matter demanding the graves con-
sideration For the inquiry which have iayited not
| what are their rights, but what are rights
Whatever may be thought Of the wisdom Of the prsc
laaon of the President concerning the emancipation
of slaves, doubt Us practical importaHce
it is 10 take effect To set nee about four millions OF
slaves at al early fixed day with absolutely pre-
paration for their future and with preparation for
our future in their relations with and 20 do this By
forcs be admitted 10 be matter OF vest concern
not only them and to their masters, but to the whole
continent on which they must liv.
There may be great diverstes Of opinion concerning
the effects Of such act But that its effect must be OF
stupen1Ous Importance, extending not only into the
border loyal States but into all the States Aortn IS vel
( ss south suppose no rational doubt. How
has the Preseat acquired the power to decide the que
tion whether this great act shall be done How have
the people Of the United States, any part of them
conferred him the rghtful power to determine fol
tbern this question of such emancipation be made
under such circumstances If tn people VINO are il
reb eiion have rights the loyal people Of Kentucky
Iidana Illinois, Ohio, Maryland and Psnnsylysni hsv'
rights. -
assume to decide for them question which they deea
of vast practical Importance to themselves and whlel
thew have never consented he should decide. IL Il
among the rights of all Of that the powers OF eaei
State to govern its internal affairs should not be
trespassed by any department Of the Federal power
and is right essential the maintenance Of our sys
/ fem of government. It is among the rights Of al
Of rs that executive power should be Kept within
its sc bed constitutional limits and should not legs
ate by i,s DEGREES upon subjects Of transcendent i'm
norta.fea 70 the whole people.