The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1863-06-17
War povTsrs-The Dates OF the Esssative
and the People.

We commend the following article from the
Sew York Times 70 the attention of oar read
RS IIpfetty fully expresses cur views on the SUB
sct discussed. and Is witkal very temperate in
'piri,-a good thing. especially il hOs "eAther.
II Is Of vital consequence that the Executive
IN this national crisis, should have useomnon
powers. Il il also Of vital Consequence that
those powers should be exercised With great
discretion. The people o~e tie President ev-
ery fundamentally Deedful for the suppression
OF the rebellion. The President owes the Peo
pie the sisesE aud mos; effective use OF such IN
strunent2iites. These are reciprocal obhgA
ions. Uuless they are faithfully performed on
both sides, the cause will fail They cannot
be TOO carefully studied and heeded
The uncommon powers With which the Presi-
dent il NOW invested are of two kiDds-hrst
those derived through such acts as the Army
and NAVY bills. the Tax bills, the Currency am
Loan bills, aud the Cou6sostioa bills, passed to
meet some specific secessity and seeoad, the
more indefinite war powers belonging 10 the
military capacity ss Commander in Chief, Whic
are dormant in peace, but in every government
are inseparable from war. Tue former came
from Congress, and concerning thea there can
not be much officially, for the President has
she letter of the law 10 guide him, and must
conform TO il. The latter do not come from
Congress. Congress, in fact, has 10 right 10
grant them, even if it would. They are not al
among the enumerated powers accorded to the
Legs alive branch by the Constitution. IL ise',
some OF them are expressly interdicted TO it
as Tor instance, 10 the article which provides
that " Congress shall make no law abfidging the
freedom Of speech or Of the Press" Congress
thereby, has no power 10 forbid public meetings,
or 70 suppress public journals; nor could il del
egate such 4 power. Aud yet nobody doubts
that the President, in some circumstances al
least, has that power. We have heard macy
Wild doctrines among the iactiOnists, bus we have
not Yet heard Il maintained that Gen. Butler
bad 10 right 10 put q check or secesh speeches
aud secesh newspapers IN New Orleans, or Gen
Viee 10 Norfolk or Gov. johnson IN Nashville
These are legitimate military powers, emansting
from. or at least dependent on the will of the
Executive. They have no place among the
spec fed constitutional powers OF the President,
and vet are not unconstitutional for they are
Inherent 10 the very office OF Commander il
Chief which the Constitution deVOlyes upon
him aud no other The Constitution in mak ins
II his duts 10 prosecute The war, iPNO factO arm
bin with all the powers established by The laws
Al c Q-dkcS Oh WAT Ahtcc ppNCfc- uuHhc huOrt
conferred by acrs of Congress, rest mainly OF
discretion The Circumstances OF each case de
ierInne their application. The discretion ID s
mighty ore, for il has % do IN the property
the liberty, and even, sometimes, the very lives
OF men. Ii is n misfortune that any pablo off
Ger should be clothed win IT, but In none The
less = necessity Ii Is al insep2rabls incident
or me war itself-snd hka 49,, L-.h -.ls
/ = - aivCesSity
A war power is two edged sword. With
out il rebels could never be struck down. alc
yet with it those who are not rebels NAV BE-
wounded. There is 40 help for this, except in
the exceeding care With which the Executive
yields it. Even then the innocent nust some
tmss suff r, tor, unlike = civil power, il CA
fall. aud sometimes ia obliged to fall, at mere
suspicion. AM body, for instance in suspicion.
circumstances, Is liable TO be arrested ~ a spv
sithout a particle OF such testimony a. would
Os Necessary for his cOmmIttal by cIyil nagis
rate Ii IL iIDp1ssi lie 70 limit military dtscre
iiOn BY any specific rule The Atempt w.
know, IS sometimes made TO apply geegrs phica
distinctions Ii IL san for example, that militia
~ arrests are proper enough within the arr '
INES, or within the immediate BeighboI hood ui
the seat OF war, but unwarrantaOle else - here
But may not man fad uit ahe TO make mischis
vous aud unW4rrantaOle communications to tie
rnealy as veil from New York as from Hilton
Head, ss well from Cincinnati a. from Nashville.
l.. the spy who stole into Hunters Camp lasr
week, and sOle out yesterday, not TO be reached
by the military am because be perambulates
Broadway to-day.
OF -. 10y 49,. ioeoli.r ha-
much TO do with the rigor With which war power
should be exercised. but it is absurd to say
hat there is any locality, within the limits OF
the United States where this war power might
not, # necessary, assert itself. The sole inlta-
istiOn everywhere is the necessit IL is the
duty OF the military officers every where 10 reg
alate their action affecting civil rights, strictly
by the necessity. as fixed by the particular cir.
cumstances OF the case. II it was not militari
ly necessary TO arrest and Danish ValIandigbam
he was wrongly dealt with. Ia Kentucky. Ten.
lessee and Missouri such procedures occur al
most daily, and sill loyal men recognize their
necessity. Perhaps q similar necessity existed
IN Ohio. That IS the real question. IL is ub
quesIionably necessary to prohibit the issue Of
seditious journals in Nashville and New Orleans
But there could be no such necessity for sup
pressing the Chicago Times, and we rri1ice thai
the President 30 promptly recognized this, and
revoked the act Of HE subordinate
Il cannot be too clearly spprehended that
these war powers are the most assailable part OF
4 war policy. The enemies OF war invariably
direct their chief efforts here. On the ore hand
they do their best 10 diminish the powers "a
much as possible, in order to cripple the militia
nv efficiency Of the Government On the other
hand, they seek TO excite the JEALOUSY of the
people against them, and thus ALLEVIATE the peo
pie from the Government, and disgust them
with the war. 1t behooves both the Govern
meat and 'he people to see to it well that such
does not prevail. The Government
must be careful not to resort to these powers
except in cases of imperative necessity; and
must be mindful that, though this necessity may
be constant within the army lines. it must be
unfrequent at a distance. The
people must, on the other hand, trust something
ie the discretion Of the Government. and refrain
rom deaunciation, unless il is clear than the
discretion has been abused. In that case, il is
he duty OF public opinion to express itself siren
aously, but in loyal spirit. If this is properly
lone, 1t is not morally possible that the Presi-
lent should long continue his mistake for no
nan knows better than he that this war can con-
inue only in and With the support of the people.
L Michigan Corporal shot by OHIO Copper
heads.
We learn that Corporal Paul Wolcott of the |