M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-10-29

color Of substance in it. It must
have some speciousness, some seem
ing ofplausibility, and must not be
palpably devoid OF any ground OIL
doubt. Can it then bs a question,
presenting any, appearance Of sub.
stance or color Of doubt, whether the
Constitution of the United States oI
America has invested it's chief execu
tive with power to arrest or imprison
or to authorize another to arrest OF
inprison, aHy pesson not subject to
military law, at any time or under
any exigency, without some order OF
precept, or process Of sOme civil
Courl Of competent jarisdictionl
1t can not, OF course, pc pretended
| by the most srdent advocate -of this
high Presidential 'prefogative thai
the Constitution cCnfers il in sci
terms. There is assuredly nothing
in that instrument which can be tor.
tured into the codfsrriDg Of sucl
power on the President in his civil
capacity; and this, it appears to me,
1 PLAINLY disposes Of the question, fol
Il would be asserting the grossest
contradiction and strangest anomaly
to cay that absolute and unlimited
power, equalto any exercised by Czal
or Sultan, can be implied from a
Constitution which avowedly gives
no power to any department. of the
IGovernment that is not specifically
set forth, except simply the conse
quent right to employ all legal means
necessary to !ee execution Of the pow
or. ~ s..-- - n
The Jadgsthen prOcSededzto re.
view, at considerable length, the ar,
guments Of counsel, and continued;
It is, however, maintained, If the
President does, rot pcssAs this power
lin his civil OfPacity, thaShe does pos.
sess it in hNSmilitsry capacity as
1Commandep4in Chief 9Hthe- Army
and Navy offliSU SUnitgd States, A
commandgofan an arnYfhas, ofcourse,
within thes sphera of Bis: military op.
erations against az enepy, all power
necessary e Insure their success
General Roseerans had. q right, !
have no doubt, the otherday, to de,
stroy all property which caused any
obstacles to his operations against
Bragg, and if he discovered any plots
to mar those operations, or give in,
!, telligence to the enemy, or to afford
them any kind Of aid Or comfort, he
would be right to try the offenders
whether civilians or soldiers, by &
court martial. But his power does
not extend beyond his lines.
| Judge Clerke concludes a very
able and elaborate opinion by stating;
The President, therefore, whether in
his civil capacity or as Commander
in chief Of the Army and Navy OF the
United States, has unquestionably nt
power to authorize the act OF which
the plaintiff complains. The ground
upon which this application IL made
has no color of right. 1t can lot, in
my opinion, be entered aS a question
in any State or United States Court
The only question in this action wor.
thy Of consideration, ard which can
be entertained, do not arise under the
Constitution of The United States,
out are ftly within the jurisdiction oI
this Court. The motion is denied
without costs.
R.cognition-Ca England Shift her
Nentrnl Course.
| From the London Times, October g..
| A recovery Of two or three per cen
in the quotations OF the Confederate
loan, and revival of the rumors re
specting the recognition of the Soutl
by France, are the natural consequen
ces of the last news from America
A defeat in Tennessee. a check il
Texas, pause, TO say the least, il
the siege Of Charleston, and The sus
pension Of the haboas corpus act il
1 the North, are more than enough t
disturb the money market on boil
lsides OF the Atlantic. Such huctua
tions do not always represent The
sober calculations OF far.sighted men
but the efforts Ct spectators to make
a profit by the hopes aud feara- o
more nervous capitalists. Tho nexI
mail may probably bring intelligence
of a Federal victory, and then The
movement" will be reversed. Iu
1.-THE mean time, however there is one
circumstance favorabls to the Con.
1federate cause which does not depend
for its importance on these oscillations
in the fortunes Of war. The position
Of France in Mexico, and the condi
|tional acceptance of the crown by the
Archduke Maximilian,- amount tt
something more than a diversion il
favor Of the South, inasmpcll. as tLey
4 are a forcibls snd practical pfotes
against the idea Pofone dominant Re
d