Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-10-22
QUESTIONS OF FORM.


failed to mark the fact that most of the disc asio
winch now distract the popular mind II III L,y
otstts derive tier origin from qaesroos Of for
ratner than OF -ubstap1e. 4 d, rhrs n 81
case, i IS obvious thai these ssension ID ght hay
been avoided # greater PRECISION # atemet
| had beea cultivated in the origina euuns,atiin
the particular measures which have b. com. tnpicX
OF disagreement, or il their prac9i al appl ,ati
could have been guard d from the mi -coa ,trud
tlons to VII ch, because Of certain defec;s in th,
form, tLey lave been liable in tie hands Of s,m
among their assumed supporters.
AS an illustration Of the fact we adduce it i
sufficient to cite the following observations Of Majo
Gen. DIX, contained in recent letter address
cd to the " War Democracy" Of Wisconsin. In
that letter Gen. Dix said
The messure which has produced perhaps more dis
satisfaction than any other the Presidents
non proclamation certainly Shouts not have advised it
believed hat IT would prove p,acca imperative; that
would only reach negroes who came thin our control
and they We're, by the laws of ch0pss to
gard them, free without It, 1t is purely measure
and VI the should Tomorrow It would to
% practically operative excepting far as II has been
Executed This ID, however, question OF interpretation
Tor the courts and it does not become to anucPats
their decision"
Ihis, as our readers know, is the view we have
always taken Of the Proclamation of Freedom, and
it is apparent that the obj lection which, in conn
mon with Gen. Dix, we bring against the measure
on theoretical as well practical grounos, might
have been avoided by giving different form to
the edict. If the Pr, sident, instead of assuming
to dec are slaves free, had by general oder, ad-
dressed to all military command r., .nncunced his
purpose, in conducting The war within certain dis
trcts u hold and treat all slaves a. free so far as
they should come uader the Federal sway, he would
have left place Tor the objectio which Justly lie
against mere declaratory edos Of emancipation.
Those who love the Union better than slavery are
prepared to see slavery overthrown wherever it
stands in the way Of national authority, but they
make or unmake the law of freedom and bondage;
for to declare slaves free does not lie within the
province of the Executive Department of the Ma
tional Government on any theory Of the Presidents
duty, whether commander-in-chief OF the army
and navy or as civil ruler, nor can he consistent
iy exercise this Legislative function any more in
time of war than of peace. Bus to make slaves
free may not only lightfuly, bat must aim st ne.
cessarily be the incident Of his executive duies
In conducting large military operations slave
holding territory.
When, contemporaneou,ly with the promulgs-
ton 4 the emancipation edict, We pronounced tbis
opinion upon It's defect in FORM using precisely the
words just recited, that influential Republican
Journal, tie New York Times, concurred in our
view. 1t said
1T useless deny that there very great force in
these sos They confirm ly the opinions we have
noro than once expressed To form whicn should
have been given TO this decree Il had issued az
military order, addressed 10 Generals IN nc ua COM
inund, prescribing conduct in Certain sp-c Cd emer-
genc'rs, ani directing the application Of force the
reimbursement Of slaves nnder cir
you'll havr avoided al these sctonS witnou, in oe
siRnest degree inps' or essen"g 10 prsc cal en'et
a ". 'emarked :" ou ciinmen's oa bs " ~ hs
attr i ISSUED, tar form gwen to it my become
Absolutely essential t. its vsrtity.'
Aai tho J1rm Of the proclamation is essential
uot only 10 its valaity, but also to s preservation
from miscoustruction in the hands Of professsd
supporters. Wac does not see that it is the form
OF the edct and not ts substance which has caused
oer,an parties 70 see in il an end, and not as the
President designed it should be, means for the
prosecution OF the war? La this way some of the
Presidents warmest political friend, have been be-
tray ID into position of direct antsgonisu 20 his
most cyrdual doctrine in The conIuct of the war
The President saysLo issued ihs eict to help
on "the work Of gatiug for the Unon," while there
ara hose who c.n.ond that We should fight for the
Union until slavery is destroyed IN fact within all
tue territory where it is declared to be destroyed
ty prool,ms ION
II tie cd!ct had been conceived in terms which
precisely convey the Presidents svowed purpose
tacTo would have been no room for these objections
20 !, on grounds oithr Of theory practice Loyal
Gene als, ike G. b. Dix would not have been com
pricd 10 speak u the edict a measure they
".lvuld pot ave advised" aud loyal Republican
journais like tho New York fines would have
oIld uo cause 70 regret errors Of omission com
mspiop IA tie digest Of the document. And, what
/, NEST important of all, It's terms would not have
y,rl l,1i' = tie mise 10 FtiJrs We now witness,
al Witch have extvrt 4 such runz condemnation
from ,hose a lie Presidents political friends who
aihIld his rel dnctrue sgai4st the interpretations
,0Fht (, J. fvi>.ed upon it By some whose zeal
a fars heir diser tion
Blt siacs these errors Of form are now incura-