The mountain Democrat., 1863-01-24

Constitution on some department of the
Government other than the executive o.
Indeed, the proclamation Of September 4,
1862, followed by the orders Of the War
/ Department, intended to carry it into
practical effect, are manifest assumptions
! by the President of powers delegated to
Congress and to the judicin! department
Of the Government. 1t is clPar and un-
: doubted 1SSrugatiVe Of Congress aAO0e, 4,
define all oiFenSes, and to affix to each
some appropriate and not cruel or unu-
sual punishment. But this proclamation
! and these orders create new offenSeSS not
Nd"w n to ant Gs"s GT tno Gcnte,1 .s,E.S.s-S
Discouraging enlistmentS," and "any
disfG,af practice, are not offenses known
to any law Of tho United States. At the
same time, they may incrde, among many
other things acts which are olfenses
against the uws OF the United States, and.
among Others, treagon. Under the Don
stitu;ion and laws of the United 9tates,
except in cases arising in the land and
naval forces, every person charged with
an Oiienle is expressly required to be
proceeded against, and tried by the judi.
ciary of the United States, and jury of
his peers, and lie is required by the Con-
stitution "a bc punished in conformity
with some act Of Congress applicable to
the offence proved, enacted before its
commission. But this proclamation and
these orders remove the accused from the
jurisdiction of the judiciary they substi-
tute report, made by some Deputy Pro.
vost Marshal, for the presentment Of 2
grand jury they put military commiss-
ion in place of a judicial court and jury
required by the Constitution; and the ap.
| ply the discretion of the commission and
the President, fixing the decree and the
kind Of punishment, instead Of the law Of
Congress fixing the penalty Of the offence.
! 1t no longer remains to be suggested
that, If the ground Of action announced
by the President be tenable, he NAV, rs
COmmandcrin-C Chief Of the army and ma.
vy,use powers not delegated to the United
States by the Constitution; or NAV use
powers by the Constitution exclusively
delegated to the Legislative and the Judi
cial departments of the government. -
These things lave been already done, so
far as the proclamation and orders Of the
Pre- sident can effect them.
1t is obvious, that if no private citizen
is protected in his liberty by the safe
guards thrown around HIM by the express
provisions Of the Constitution, but each
and all of these safeguards may be disre-
gardcd, to subject him to military arrest
upon the report Of some Deputy Provost
Marshal, and imprisoned Mt the pleasure
of the president, and tri jail before a militia
ry commission, and punishment at its
discretion, because the president is Of the
opinion that such proceedings "may best
subdue the enemy" then al members of
either house of Congress and every Judi
cial officer is liable to be proceeded
against as "diSloyal person." by the
same means and in the same way. So
that, nn,lcr this assumption concerning
tie implied powers Of the President as
Commander,inC Chief in time of war, if
the President shall be Of opinion that the
arrest and incarceration, and trial before
a military commission Of Judge of the
United States, for some judicial decision,
or of one or more members of either
house OF Congress for words spoken in
debate, sis a measure which may best
Subdue the enemy" there is then con-
fcrrcd uPQn him by the Constitution the
rightfid power so ag TO proceed against
such judicial or Legislative officer
e, This power is certainly not found in
any express grant Of power made bV the
Constitution to the President, nor even
in any delegation Of power made by the
Constitution Of the States to any depart
ment of the Government. 1t is claimed
to he found solely in the fact that he is
the Commandcrin Chief Of its army and
navy, charged with the duty of subduing
the enemy. Ard to this end, as he un-
derStands it, Ne is charged with the duty
Of using, not only those great and ample
powers which the Constitution and laws
and tie self devotion Of the people in ex-
ecnting them, have placed in his hands,
but charged with the duty of using
powers which the people have reserved
to the States, or 10 themselves; and it is
permitted to break down those great con-
StitUtiuEal safeguards of the partition of
governmental Eowcrs and the immunity
Of the c'u%en from mere executive con-
troll, which gre at once both the end and
the me..n.' Of free sovern:3ent
The necessary result Of this intcrpreta-
ton of the Constitution is, that, in time
Of war, ;he President has any and all
power wh'2h he may deem it necessary to
exercise, to >uhdue the enemy and that
every private and personal right of ind-
viduaI security against mere executive
control; and eyery right reserved to the
States or the people, rests merely upon
executive discretion.
But the m.lt4ry power Of the Presi-
dent is derived solely from the Constitu-
ton; and 1t is a. Sufficiently defined
there AS his purely civil power. These
are It's words: The President shall be
the Commander-int hief Of the army and
navy of the United States, and of the
militia of the several States, when called
into the actual service of tho United
Estates. IL -
This is his military power. He is the
general-in-chief; and as such, in prose- cut
ing war, may do what generals in the
field are allowed to do within the sphere
OF their actual operations, in subordina-
ton to the laws Of their country, from
which alone they derive their authority. =
When the Constitution says that g the
President shall be the Com alander-in-
Chief of the army and navy Of the United
States, and of the militia of the several
, States, when called into the actual service
OF the United States" does it mean that
he shall possess military power and com
, mand over all citizens of the United
5 States that, by military edicts, he may
: control all citiyens as If enlisted in the
. army or navy, or into the militia called
into the actual service Of the United
f Statesg Does it mean that he may make
: himself legislator, and enact Eenal laws