The mountain Democrat., 1863-01-24
NsoDsl1dsd from art paSs.l


prosecution. And, in time OF war, with
out any special legislation, not the Com
mander. in. Chief only, but every COM
mandsr Of IN expedition, or Of 9 military
post is lawfully empowered BY the Con-
stitntion ana laws Of the United States
to do whatever is necessary, and is sane
tioned. by the laws Of war, TO accomplish
the lawiol objects Of his command. But
il is obvious that this implied authority
must fln6 carry GdrfGs" Ss+%.aSa9,As I|H
Hevaadmittcd that commanding gene
raj in the field might do whatever in his
discretion might he necessary to Subdue
the enemy, he could levy contributions to
nav bis soldiers; he could force cOnscripts
inn his service; he could drive out OF
the entire country all persons not desirous
to aid him-in short, he would be the ab-
solute master Of the country for the time
being.
No one has ever supposed-no one will
now undertake to mAintain-that the
Commander-in-C Chief, in time Of war, has
any such lawful authority as this.
What, Then, is his authority over the
persons and property of citizens? an
swer, that, over all persons enlisted IN his
forces, he has military power and COM
mand; that over all persons and property
--;.I>;-> 49, ~,>t, -a &C ~ $HtNAl operations
in the field, ne may rI~rufsy 'S.ssa s,1.f ~
restraint and control as the successful
prosecution Of his particular military en-
terprise may, in his honest judgment, ab-
solutely require and upon suchpersons
as have committed Offenses against any
article of war, he may, through appro'
pirate military tribunals, intict the pun
iShment prescribed by law. And there
his lawful authority ends.
The military power over citizens and
their property is power to act, not
power to prescribe rules for future action.
1t springs from present pressing emer-
gencies, and Is limited by them. II can
not assume the functions Of the statesman
or legislator, and make provisions for fu.
ture or distant arrangements by which
persons or property may be made sub
servient to military uses. 1t is the phys
ical force Of an army in the field, and
may control whatever is so near as to be
actually reached by that force, in order
to remove distractions to its exercise.
But when the military commander con-
trolls the person or property Of citizens,
who are beyond the sphere Of his actual
operations in the Geld, when he makes
laws to govern their conduct. he becomes
q legislator. Those laws may be made
actHally operative; obedience to them
may be enforced by 4 military power;
their purposes and effect may be solely
to recruit or support his armies, or to
weaken the rOwer Of the enemy with
whom be is cOntending. But he is leg
islator still and whether his edicts are
clothed in-the form Of proclamationS, Of
orders, by whatever name they
may be called, they are laws Ifhe have
the legislative power, conferred on him
by the people, it is well. If not, he
usurps it.
He has no more lawful authority to
hold all the citizens ol the entire country,
outside Of the sphere Of his actual opera
tions in the field, amenable to his militia
ry edicts, than he has to hold all the
property Of the country subject to his
military acquisitions. Heis not the mill
tary commander Of the citizens of the
United States, but of its soldiers.
Apply these principles to the procla.
nations and orders of the President. |
They are not designed to meet an exist
ing emergency in some particular militia
~ operation in the field they prescribe |
future rules Of action touching the per- |
sonS or property Of citizens. They are |
10 take effect. not merely within the |
cope Of military operations in the field,
or in their neighborhood, but throughout |
Ihc entire country, or great portions |
hereof. Their subject matter is not mil,
tary ofenses or military relations, but |
,ivil Ofenses and domestic relations; the |
relation of master and servant the Of. |
enses Of "disloyalty and reasonable |
practices" Their purpose is not to meet |
Iome existing and instant military emcr-
Iency, but to provide for distant Events, {
which may or may not occur and whose |
il they should coincide with |
my particular military operations are in.
lirect, remote, casual, and possible,
merely.
r. 1t is manifest that in proclaiming these
diets, the President is not acting under
he authority Of military law, first, be-
ause military law extends only over the
IerSons actually enlisted in the military |
ervice aud second. because these per-
ons are governed by laws enacted by the !
egislative power. 1t is equally manifest |
hat he is not acting under that implied
which grows out Of particular
eha al military operations; for these ex-
ektive decreeS do not spring from the |
pecial emergencies of any particular.
military operations, and are not limited
0 any field in which any such operations
re carried on.
Whence, then, do these cdicts spring
they spring from the assumed power to
xtend martial law over the whole terri.
orys Of the United States; = power. for
he exercise Of which by the President,
here is no warrant whatever in the Con.
q power which no free people
'eRld confer upon an executive officer,
I'd remain free people. For it would
AAkps him the absolute master Of their
ives, their liberties and their property,
With power TO delegate his mastership TO
'uchS sAtrsps as he might select, or as |
night be imposed on his creduhty, or his |
Fears. Amidst the great dangers which |
DncompAss us, in our struggles to Ell.
;ounter them, in our natural eagerness to |
sy hold Of efficient means to accomplish |
1ar vast labors, let us beware how we |
borrow weapons from the armory Of ar
bltrary power. They cannot be welded |
by tho hands of n free people Their
blows will finally fall upon themselves.
Distracted councils, divided strength,
Are the very earliest effects Of an attempt
10 use them. What lies beyond, no pa
Irioe Is now willing to attempt to look
upon.
A leading and influential newspaper,
Nhie expressing entire devotion to the |
President, and appreciation of his procla. |