The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1863-05-28

that if, by a just construction Of the
constitutional powers Of the Govern
ment, in tho solemn emergency now
existing, they are applicable to, and
must control, the question of the le
gality Of the arrest of the petitioner, it
cannot be sustained, for the obvious
reason that no warrant was issued "up-
on probable cause, supported by oath
or tfirm ition, as is required in ordi.
nary arrests for alleged crimes. But
are there not other considerations of a
controlling character applicable to the
question ? Is not the Court imperative
ly bound to regard the present state of
the country, and, in the light which it
throws upon the subject to decide up.
on the expedieney Of interfering with
the exercise of the military power as
invoked in the pending application ?
The Court cannot shut its eyes to the
grave fact that war exists, involving
tho most imminent public danger, and
threatening the subversion and destruc-
tion of the Constitution itself. In my
judgment, when'the life of the Repub.
lie is imperiled, he mistakes his duty
and obligation as a patriot, who is not
willing to concede to the Constitution
such capacity of adaptation to cir !.
cumstances as may be necessary to
mOGt great emergency, and save the
nation from hopeless ruin. Selfpres-
ervation is a paramount law, which a
nation, as we'll as an individual, may
End it necessary TO invoke. Nothing
is hazarded in saying, that the great
and far-sceing men who framed the
Constitution of the United States, sup.
posed they were laying the foundations
Of our National Government on an i'm
movable basis. They did not coutem.
plate the existence of the state of things
with which the nation is now uuhap-
PLY confronted the heavy pressure Of
which is folt by every true patriot
They did not recognize the right OF
Secession by one or more States, for
the obvious reason.that it would have
been an incorporation of an elementin
the Constitution for the destruction of
the Union. In their glowing visions
of futurity, there was no foreshadoWing g
.ofa period, when the people of a large
geographical section would be guilty of
the madness and the crime of arraying
themselves in rebellion against Gov.
ernment under whose mild and benig,
nant sway there was SO much of hope
and promise for the coming ages. We
need not be surprised, therefore, that,
in the organic law which they gave us,
they made no specific provision for such
a lamentable occurrence. They did,
however, distinctly contemplate the
possibility Of foreign war, and vested in
Congress the power to declare its exis.
tenco, and "to raise and support armies
and "provide and maintain navy"
They were aware thntthc grant of these
powers implied all other powers neces-
sary to give them full effect. They ais o
declared that the President Of the
United States ''shall be Commander in
Chief of the Army and Navy, and of the
Militia Of the several States when call ed
into actual SERVICE" and they placed
upon him the solemn obligation "to
take care that the laws be faithfuIty Gx-
ecuted. -, Undcr this last named pro
vision, andi in reference to local re.
bellion, in which the laws Of the Union
were obstructed, the act of the 29th oi
February, 1895, was passed, providing
in substance, that whenever in any
State the civil authorities of the Unien
were unable to enforce the laws, the
President shall be empowered to call
out such military force as might be
necessary for the emergency. Fortu
uately for theacbuntry, this law was in
force when several States of the Union
repudiated their allegiance to the Ma.
tioual Government, and placed them.
selves in armed rebellion against it -
ItWas sufficiently comprehensive in its
terms to meet such an occurrence, al,
though it was not case within the col
temptation Of Congress when the la "
was enacted. Itwas under this statute
that the President issued his Proclama
ton ofthe loth Of April, 1861, From
thattim the country has been in 1
ctate ofwar, the history and progress
Of which are familiar TO all. Nor,
than two years have elapsed, during
which the treasure of the nation hal
been lavisaly contributed aud blood hal
freely flowed, and this formidable re
Bellion isnOt etsubdued. The ener
gies of the loyal people Of the Uuior
are to be put TO further trislI, and II