The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1863-05-28

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well known have been exercised on variou
occasions during the present rebellion. :
| A memorable instance of It's exercise i
seen in the Emancipation Proclamation
issued by the President as Comnlaader-in
| Chief, and which he jus,ilies as a military
necessity. 1t Is, perhaps, not easy tt
define what acts are properly within this
deai gnaijon, but they must, Undoub !lv
be limited IL suct. as are deemed essentia
to the protection and pieServation Of the
Government and CONSTITUTIONS, which, the
President has sworn 10 protect and defend
Aud i'll deeidiuS what he may ri;.httully
do under this power, where there is nu
express legislative declaration, the P.esi
dent is guided solely by his own Judgment
and discretion, and is only .mci,aile fo.
an abuse OF his authority by impcach-
ment. prosecuted according to the require
ments OF the Constitution The occasion
which calls for the exercise of this power
exists only from tle necessity OF the case
and when the necessity exists, there is a
clear justification nt tile act
IL this view of the over OF tie Pres
ldent Is correct, it undoubtedly Implies
the right TO arrest persons, who, by their
nischieyous acts of iiS.oyalty, impede or
endanger the military operations of the
Government And, if the necessity exists,
| see no reason wby.t power docs not
attach TO the officer or General In com
uiand Of military department.. The
only reasen why the appointment is made
is that the President cannot discharge the
duties in person. He, therefore, consti-
1utes an agent to represent him, clothed
with the necessary power Tor the efficient
supervision of the military interests of the
Government :hrouo hout the department.
And it is not necessary that martial law
should be proclaimed or exist to CRADLE
the General in command to perform the
duties assigned to him Martial law Is
Wei defined by ali able inrist 10 be 'thc
will of Il military commauder, operating
without amy restraint save his Judgment
upon the lives. upon the persons, 1ipap
the entire social and individual condition
OF all over whom this law extends 1t
cau,ot be claimed hat this law was in
operation In General Buirs,lc's s depart
nicnt when lr. Faiiandigiian was arrc~-
ted. Nor is it necessary that it should
have been In force TO justify the arrest"
the Court then referred 10 Gen Burn
side as Il man elpinently fitted for his
position as direct representative of the
lower Of the President. and 10 the cause
which led To the issue OF Order No 38
!" -Four of the States have a river border.
and are in perpetual danger OF invasion
In Ohio, Endiana and Illinois. class of
nsisciiieyoIs politicians had succeeded in
poisoning the minds Of portion OF the
community with the rankcst feelings of
disloyalty Arliul politicians. Disgusting.
their latent treason under hollow preten-
sions oi devotion to the Union, were ,iri-
wing to disseminate their ne,tiicnt heresieS
among the masses OF the people Gen
Burnside had himself stated fully his
reasons for the issue Of the order, In a
communication to the Court. Whether
he acted discrectly or wisely was not u
subject of Juaicia; review
at is worthyo o: remark here. that this
arrest was nor made by General Burnside
under any claim Or ptetension that he had
authority to dispose of or punish tie par
iy arrested, according TO his own viii,
without tria! and proof Q. the facts
alleged as the ground for the arrest, but
with n view 10 an investigation by Il
court or commissions Such an
invest; ;gat:op has not been made known to
this Couit Whether the Military Com
mission for the trial OF the charges against
Mr. Sallandi. ham was legally constituted
aud had jurisdiction Of the casc is hot 4
question before this Court. There is
clearly no authority in this Court, on In,
pending mttion. to revise or reverse the
of the Military commissions,
if they were before the Court. The sole
question is whether the arrest was legal
aud as before remarked, It's legality de-
pends Oh the necessity which existed Tor
making il and of that necessity. for the
reason stated, this Court cannot julicially
determine. General ide i ungues
amenable to the Executive Dc
par' ment for his conduct i he has
acted arbitrarily AMI upon insufficient
reasons, 1t is within the power, aud would
be the duty, Of tic President not only TO
annul his acts, but to visit him with deci-
sivc marks OF his disapprobation To the
President, in his capacity of Commander
in Chief Of the army, he must answer for
official conduct But. under eur. Consti
tuition. which studiousiy seeks tokcep the
executive. Legislative and judicial depart
ments- Of the Government from all inter
ference and conflict with each other, it
would be an unwarrantable exercise Of
the judicial power to decide that CO.