Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1863-05-28


u,oort NJ All broper means fSv the res,ora.
;nr ~ the Uniod' and the feturn Of an hon. 4
rahis ne.cc Those pl.ccd bx the peouje
d the Head of the Goyerumsnt. Are earnest.
. nd s;ncerelv devoted 10 Il, preserys,iop
nd nernetaits The President NAV not be
he man NJ onr choice. and the measures Of i
,is Xdnnistration :lay not be such as ali
AN t,'lv annrove Rut tbese arc minor
rom ,he naramonnt obl;cstiod of lending
his aid for the salvation Of his country. All
.houI Zee, that no ev;i ,hev can be called
,nUo's snSare ,be ho rs..
sble with the subvsrs;on of onr chosen Goy.
ernment and the borrors which must fol. |
low from sucb A catsstrophe.
I have referred thus lr;eav N the nresen, !,
c,;.;s of Tho conn,rv os b.v;n, some besr;no
on M ,bs a. onaS,;oo | hssc,s ~ ,hs ros,, 4, l. cls.p'
To- No, = ,;me vhen INV o,c ccn,es,ed v;th
H. J,d;.;.i n ,s..,nao. - ,hs Goyernr,.nt
shou,d .iic~ b;nseif ercsn, fros. tss mos,
= r;a.eaa oir;rs,;ons az d.sv' m emb.,rsS.
or thvart the Erccnt;ve IN h;s efforts 10 do.
liver The country from The dangers which
nress so beavilv unon Il Nov the oue,.
lion which I am called unon IN decide ia.
wbetbe, Cen Burnside as an AGENT of the
Erecut;ve Denartment Of the Goyernment.
has trsnsgressed his authority in ordering
The arrest NJ Mr. Vajlandigbam If the
theory of his counsci ;s susta;nable. that
tnere oan he no legal arrest ercent bv war.
rant based nm an affidavit of nrobsbIe cause.
Tho conclu.;on would he clear that the ar.
rest Was illegal But I do not think I am
hound n te1ard the inon;rv as occunviny
th;s narrow base. 0un' burnside. by the
order of tho President. has been designated
and annotated m take the military n,neryi
s;on of The Denartment Of the Ohio. com.
nosed of the States of Kentucky. Ohio.
Indiana illinois. and Michigan. The precise
oytonts ~ h;s anrhor;tv in tLis resnonsible
nos;t;on arc nol known IN the Court Il
nav however he nr,nerlv as.umed as n
fair nrosnmntion that the presideot has
cIo,hed him With ali the mowers necessary
20 ,he .fI;c;ant d;sch.rys n hi. du,;es in the
station 10 vh;ch Le has heen called. He il
tho renresentatiye and agent of the Presi.
dent. within tho limits Of his Department.
In time of war. the President il not above
the Constitntion hut derives his power ex.
nresSlv from tho nrovi,ion of that in,,ru.
,nent declaring that he shall be Command.
erin Chief of the Army and Navy. The
Const;,u,;on does not snec;fv the mowers he
ma r;ohtfnlly exerc;se in This character.
| '''''y 10"
nor are they defined by legislation. NO one
denies, however, that the president, In tnls
character, Is invested with very high powers,
which it Is well known have been exercised
on various occasions during the present re-
6ellion. A memoraolc instance 0, It's exer
c!se Is seen ~ the E'nancipation froc'ama
tion issued oy the PRESIDENT as Commanuer
ln.Chief, and which lie Just,hes as mIiltar!
, necessity. 1t is' perhaps not easy 70 denn'
/ what acts are properly within TINS deslYna
ton, but they must undoubtedly be iimlte'
to such as are deemed essential to the pro
, lection and preservation or the ioyernmen
, and the Constitution, which the ffsslhen
has sworn to support and defend. An Il
, deciding what he may rightfully do qnde
, this power, where there Is no express leg''
, latiye declaration, the President Is guide
solely by his own judgment ana olscreSi3n 7
AMI is only amendab!e Tor an abuse OF III
, authority by impeachmcnt' prosecuted ae
t cording to the requirement OF the Const'tu
, tion. The occasion which calls Tor the ex
. ercise OF this power exists on'y from the ne
, cessity OF the case; and when the necesslt
exists, there is clear justification OF tn
@ act.
Q IL this view OF the power OF the Pres
4 dent is correct, it undoubtedly implies tn
r right to arrest persons, who, by their mi
II l:.,l.,u.lk,, .n,noJ, or n,