, 1863-06-22

what Will tend 10 INSURE the protection
with which the army is charged, belongs
c'one- to the commanding General, no
judge, is either fit, or has the right, to in
t,rtere with such discretion or action.
ne right Of government to protect its
LIE, whether it be sought by foreign foe
or BY disintegration by domestic rebellion,
Ind to use all means for that purpose, is as
clear, as that Of an individual when his
life is assai1cd BY the assassin. Courts and
constitutional guarantees are little consid-
cred by him while the dagger. is at his
throat anything that will release the
deadly grasp Of his foe is resorted to-
writs, marshals, judges and juries are only
appealed to when his enemy is subdued,
and the danger ispassed. The Executive
is charged with the preservation of
the constitution, and all the co-or-
d,nate branches OF government, and
in war all its powers arc placed in bis
hands for that purpose, and no coordinate
branch Of government can control or re-
strict them. It is said to be fearful and
dangerous power; admitted, but is only to
be used to avert greater danger, and pre-
serve the country, which is above all
price.
Again, the Courts have no executive
Powers. They can pronounce Judgment,
but are utterly powerless to execute ito
execute their judgm and orders belongs
to the Executive. In the United States
Court the Marshal is tie executive officer,
holding his appointment from the Presi-
dent, and in his name inforcing the pro-
cess Of the Court. The President, as Com
mander-in-C Chief or one Of his Generals
acting in his name, issues an order to
shoot man IS spy, or suppress news
paper for some military offense, and the
Court forbids its execution. Which order
is he to obey, his own or that Of the Court?
HIS army is ordered to do the act, his mar
shal to prevent it. 4 collision is inevita-
be Here would be self-destruction. "a
kingdom divided against itself cannot
tands.'
These are some Of the reasons urged in
support Of the right Of q military COM
mander to nd his department Of every foe,
and all weapons used to defeat and destroy |
his army, whether they be men armed with |
muskets or words spoken or printed tend |
ing to discourage and demoralize lis SOL
die1f, promote descrtion, and ensure defeat
us certainly as armed enemies in the field. |
If commander knowing such effects are
being produced, does not stop the cause,
and defeat and loss Of life are the conse-
quence, he is guilty Of tue blood and ca
himities which ensue. Can Judge at
long distance from the army, as well deter
mine, US the commander on the spot, what |
Is, or what is not an enemy, very danger
GUS to the existence Of the army and the
success Of the great trusts contided to him |
No. The commander alone can know the |
dangers, and to him the responsibility is |
contided Of meeting them.
If the choice were even reduced to u
question Of constitution or country, who
would not prefer country without con-
to a constitution without coun-
t1y7 Constitutions are easily made, but
country and government have ever been
the offspring Of suffering and blood Which
is the richer heritage to leave to our chill
dren, the Union and government estab-
lishcd by the tolls and blood Of our fathers,
with its priceless blessings, or constitu-
ton, with no country OF government over
which to apply it?
But the order under discussion, is no IN
fraction Of the Constitution. Its as clear
II within the power Of the military com
mander, as to tear down q machine for
manufacturing nauseous gases, to sicken
and destroy his soldiers, and that, whether
situate within the lines of his camp, or ten
miles distant