The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1863-05-21

also declared that the President OF the
United States /" shall b. Comma nder .iu-
Chief OF the Army and Navy, and of the
Militia Of the several States when called
into actual service, /" aud they placed upon
him the solemn obligation /" to take care
that the laws are faithfully executed -
Under this last named provision, and 10
re'ercnce to local rebellion, In which
the laws of the Union were obstructcd,
the act OF the 28ih of February, 1895.
was passed, providing, in'subsiance, iha,
whenever IN any State the civil authori-
ties o the Union were HHahie 10 enforce
the laws, the President shall be empow-
cred to call out suci military force as
might he necessary for the emergency -
Fortunately for the country, this law was
in force when several States of the u Dion
rrpudisted their allegiance to the Nation
al Government. and placed themselves in
armed rebellion sgsinst it. IL was su6i :
cientiy cor p.ehensve in its terms 10 meet
sach an occ, rrsnes. although II was not .
| ea-s within thc contsm plsfi0r Of Cougress
when the law was enscted 1t was under
this statute that the President is.ued his
proclamation Of the 18th Of April. 1861.
From ihat time the country has been in
-tsse Of war, the history and progress Of
which are familiar 10 eli. More then two
years have elapsed, during which the
treasure of the nstion has been hsishiy
contributed and blood hsa freely Aow cd,
and this formidable rebellion 10 net vel
subdued The energies Of the lo,sl peo.
pie Of the Uuien are 70 b put to further
trials. and IN oil probability the enemy Ia
yet 10 be encountered on many bloody
battle field
II j. 80, to be disguised that our coun-
try is in imminent peril, and that the
crisis demands Of every American citizen,
u hearty support of all proper means for
| the restoration Of the Union, and the re.
turn Of an honorable peace Those plac.
cd at the head Of the Government are
earnestly and sincerely devoted 10 its
preservation and perpetuity. The Presi.
dent may not be the man of our choice,
and the measures Of his Admins istration
may no. be such as all can fully approve.
But these are minor eonsidei atoms. and
can absoive no man from the paramount
obigition Of lending his aid for the sal.
vati'm Of his country. All should feel
that no evil they can be called on TO en-
dure AZ the result Of the war, is compar-
able with the subversicn of onr chosen
Government, aud the horrors which must
follow from such catastrophc.
! | have referred thus briefly 10 the
present crisis Of the country as having
some bearing on the question before the
Court. II is clearly not time when any
one connected wah the Jpdicisl Depart-
ment of the Government, should allow
bir" except from the most stringent
Obligations OF duty, to enbarrass or thwart
the Executive in his efforts to deliver the
country from the dangers which press so
heavily upon it, Now the question which
am called upon to decide Is. where G en-.
burnside, as 40 agent Of the Executive
/ Department of the 6wcrnmsut, kes
sranscresee his authority in ordering ie
arrest Of Mr.. Vallaudigham. If the the.
ory OF his kpunsel is sus,ainable, tba,
there can be no legal arrest except by
warrant based on nn sffi avit OF probable
cause, the conclusion would be clear, that
the arrest was illegal. But do not think
| am bound TO regard the inquiry AS &c
cupying this narrow base Gen BAN
side, by ~ Ter vi the Presidett. has been
designated and app inted 10 take the mil
ifary supervision Of the Department of
the Ohio. composed of The States Of Ken
lucky, Ohio. Indiana. Illinois, and Miea-
'gan. The precise extent Of his authority
in this responsible position Is Dol known
TO the Oour. i may, however, be prop
erly assumed IS q fair presump,iaa tlst
the President has ehtk+d him with al
the powers necessary 70 the ef6cient dis.
charge IT his duties la the ssati IN 10
which he has been called. lie is the
representative and agent of the President,
within the li,nits or his Department. Ia
tine of war, the PRECEDENT is not above
the Constitution. Eut derives his power
expressly from the provriQn Of that in.
strupent. de, laring that he shall b. Com.
n ,nder-in- chief Of the Army ard Navy.
The Constitution does not specify the
powers Le may rightfulIy exercise in this
character. nor are they defined BY legi.la-
ton No one denies. however, that the
President, In this character. u Invested
Nth very hGb powers, Which i. is well
| known have been exercised on various
occasions during the present rebellion -
A memorable instance of its exercise is
seen 10 the Emancipation Proclamation
issued By The President as Commander.
in Chief, and which he justices a a miii-
fary necessity. tits, perhaps, not easyto
define what scts are properly within this
designation, but they must undoubtedly
be limited to such rs are deemed essen
lial to the protection and preservation Of
the Government and the Constitution,
which the President has sworn to support
and defend. And in deciding what he
Uaay rightfully do under this power. where
there is no express legislative declaration.
the President is gnidcd solely BY his own
judgment and discretion. aud is only
amenable for an abuse Of his authority
BY impeachment, prosecuted according 70
the requirements of the Constitution.
The occasion which calls for the exercise
Of this power exists oply from the neces-
sity Of the case; and whsnfths necess ity
exists, there is clear Justification Of the
i act. - AsA
i II this view Of the powor Of the Presi-
dent 10 correct. it undoubtedly inpies