Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-04-01

r In that case, for the establishment of an
opinion entirely contradictory to the opin-
ion expressed by him In the Merry
! maH case, to which have already referred i,
} and 10 which the question Of Executive author
; ity under the Constitution of the United
} States was directly before the court.
: These are the only precedents and authorities
that have been urged In behalf of this supposed
. doctrine Of martial law, and o casual review of
} them evinces how far they fall short of its es-
tablishment. Under this examination, too, the
vague and terrible outlines Of this mysterious
"War power" grow distinct, SIR, and Its huge
proportions sensibly diminish What, then,
are the powers of the President 90 Commander
in-Chief In time of wsri | answer: Over ell
persona contested with the army, the navy and
the militia In actual service, he has military
power and command, He may Issue orders for
their government and regulation. They may
be arrested by military eaaasrs, tried by militia
~ courts aud punished with military peaal.ies
for all breaches of discipline, aud good order
10 the army. But oil this must be done 10
subordinatiou to, and 10 the manner prescribed
by the Constitution, and the military laws and
| articles of war enacted by Congress. This
military authority pertains exclusiTeiy to SOL
diers.
tanswer further, that, over all persons and
property within the limits Of actual warlike
operations In the field, and at the time of such
warllke operations, be may exercise such au.
thorlty as is necessary to accomplish the purpose
of hi5 command. And when In foreign coun.
try or elsewhere the courts Of jnstice are not
accessible, he may institute military commits
sons for the trial of offansesagainst civil laws,
whe her committed by soldiers or others within
she lines OF immediate neighborhood Of his ar
my, and may inaictthe punishment, prescribed
by such laws. tr -r9 -
VI war power" beyond this there is none.
sir, vesting either in the President Of the
United States or in any Inferior commander.
Dos ~ is most manifest that the proclamation
OF the President, and tie proceedings undel it,
In the form OF she military arrest and arbitrary
detention of our citizens, can find no justiica-
ton In these principles, and entirely overstep
these boundaries and limitations. On whas,
then, are these proceedings based7 l will an
sEet that question in the words Of late Judge
OF the Supreme Court Of the United States,
man eminent for his legal learning, and who
never belonged to that party which is here go
freely charged with being disposed to find fault
with legitimate exercise of poRer.T
They spring. says Mr.. Justice Curtis,
'from the assumed power to extend martial
law over the whole territory.of the United
States; power for the exercise of which by
the President, there is no warrant, whatever,
| In the Constitution; power which 20 free peo.
pie eonld confer upon an executive officer, and
remain free people. For Il would make him
the absolute master Of their lives, their liber-
ties, and their property, with power to delegate
his masterahip to such satrsps as be might SO.
lect, or as might be imposed on his credulty or
his fears"
Mr.. Speaker, have thus discussed at much
greater length than Intended the nature of the
power claimed by the President and the grounds
he assigns for it's exercise. Ihave attempted 10
| show tast no such power M conferred upon
him by the Constitution or can be exercised
without its violation; and tina. no such power
"a implied in his position az Commander.in-
Chief of the army and navy and Of the militia
in actual service. ] have not done this, sir,
with fault-fnding disposition nor in cap
| tious spirit toward the Administration. Such
spirit or such disposition does not become the
grave and fearful exigencies of the times. To
the Administration in Its hour of peril am
willing to accord hearty support 10 the full
exercise of all its constitutional powers. Those
constitutional powers believe to be sufficient
for the maintenance Of the Government and
for the accomplishment of every legitimate pur-
pose. Iprotest sgsins. Executive usurpation
because believe il Is calculated to hinder
rather than hasten the end dear alike to us all
of the restoration Of our old and honored
Union. protest against Executive usurpa.ion,
because if have read history to any purpose,
such usurpation is the customary weapon
by which free governments are Destroy
ed. l have long listened, sir, With pain
and with fearful forebcdugs, to the openly ex-
pressed disregard for our Federal Constitution,
its provisions and limitations, on the part of
those high in authority in this land. With pain
aud with fearful forebodings have heard those
expressions reiterated in the course of this
debate. Sir, what words of folly are these.
that are beginning to pass almost as maxim
In the mouths not only ef tho people, but of
those who should be their teachers Fs-thst "the
Constitution was made for the country and not
the country for the constitutional The Con-
stituton was indeed made for the country, and for
the country 1t must be prsssrusd; else all that 10
valuein that word country Is ost to us forever.
Sir, what words, will not say of folly, but of
madness are these, which have found their way
into the mouths even Of lawyers and states
meu-.hat "the safety Of the people 10 the su-
preme laws" q translation of the old despotic
maxim, salus popnli, ,suprems lex! The Con.
stitution, eir, is the only "supreme law" of this
land, and its provisions and restrictions the on.
ly Safety" Destroy that, aud there is neither
safety nor law, except as il to be found in the
uncontrolled will and judgment OF one man.
Destroy that, and our portion Is either DEsfsr.
ISM OF ANARCHY. can not believe, cir, that
safety lies In the way of despotlsm, or that the
people of this land are prepared 70 accept It.
| The alternative, do not hesitate to say, is
even worse. Sir, learned, long ago, in Aris,
totle, that "the rule of o mob ia the worst Of
tyrannies." FL s.s
1 have learned the same lesson In the caprices
Of the Athenisn Democracy; have learned
Ii in the prescriptions Of the French revolution.
Heaven forbid, that should learn 1t again in
the spirit of lawlessnesa that Ia beginning to
prevail among the people Of this Republic.
From this dread dilemma know of but one
way OF escape. Il Ia found In strict adher
encs to the letter and spirit Of our Federal
Constitution. know, sir, that In giving utter
ance to this sentiment, l lay myself open to the
largest extent TO the charges 90 abundautly
brought In this House and elsewhere, arainat
those who clamor Tor constitutional liberty. II
il be crime to plead for that (which has hither
to been the cfoWning glory Of this nation, and
which our fathers have handed down 60 us an
our best bifthrighs aud nobiests inheritance.
then, sir. am guilty II Il be crime to love
the Constitution under which was born, &,
! which l owe the abundant priviexes Of
my youth and manhood, and around
which cluster ell my hopes for the tu.
ture, then, sir, again am guilty. To thai
Constitution, sir, We owe ell our national great.
mesa T; to that Constitution We owe all our M
tioaal privileges. Il 10 the palladium OF our
lt,h..fsaa tha gn.uxatta.. r