The mountain Democrat., 1863-01-24

|
South is broken, and they submit them
selves - their duty to "tev. AN8 cOr riEEH
to have obcyed, the Constitution Of the
United States 1.-The supreme law Of the
land" But with what sense Of right can
we subdue them by arms to obey the Con-
| stituton as the supreme law OF their part
Of the land, if we have ceased to obey it,
| or failed to preserve it. as the supreme law
! Of our part of the land?
am u member of no political party
Duties, inconsistent in my opinion, with
the preservation of attachments to politi.
cal party, caused me to Withdraw from all
''''''' .""""""''"'s many yeaSc aga t'-ST
they have never been resumed. 1have
no occasion to listen to the eXhortationS,
now SO frequent, to divcst myself of party
ties, and disregard party objects, and act
for my country. havc nurn,ta 'e,,>. 3D.,
country 'or which to act, in any public
affair; aud SoGciy because n,t'c scat( zee
remaining, and know moi but it may be
possible, from my studies and reflections,
to say something to my cOuntTymen that
may aid them to form light conclusions in
these dark and dangerous times, | now,
reluctantly, address them.
do not propose to discuss the question
whether the first of these proclMnationS
Of the President, if definitely adopted, can
have any practical effect. on the unhappy
race Of persons to whom it refers; nor
what its practical consequences would be,
upon them and upon the white popua-
ton of tha United States, if It shCuld
take effect; nor through what scenes .!
bload,hcd, and worse than bloodshed, It
may be. we should advance to those final
conditions; nor even the lawfulness, in
any Christian or civilized seuse, ot the
use of such means to attain any end.
If the entire social condition of nine
millions of people has, in the providence
Of God, been allowed to depend up0n the
executive decree of man, it will be the
most sturcndouS fact which the history of
the race has exhibited Bat, for myself,
| do not yet perceive that this vast re-
sponsibility is placed upon the President
Of the United States. | do not yet see
that it depends upon mis- executive decree,
whether a servilc war shall be invoked to
help twenty millions of the white race to
assert the rightiul authority Of the Con-
Stitution and laws of their country, over
those who refuse to obey them. But do
see that this proclamation asserts the
power Of the Executive to make such a
decree.
do not yet perceive how it is that my
ncighborS and myself. residing remote
from armies and their operations, and
where all the laws of the land may lie en-
forced by constitutional means, should be
! Subjected to the possibility of military ar
rest and imprisonment and trial before u
military commission, and punishment at
its discretion for offences unknown to the
law; a possibility to he converted into Il
fact at the mere will OF the President, or
Of some subordinate officer, clothed by
him with this power. But do ste that
this executive power is asserted.
am quite aware that, in times of great
public danger, unexpected pcrilS, which
the legislative power has failed to provide
against. may ;mpcrativcly demand instant
and vigorous executive action, passing be-
yond the limits of the laws; aud that,
when the Executive has assumed the high
responsibility Of such necessary exercise
of mere power, he may justly look for in
dcmnity to that department Of the govern
mcht Wlch alvnL t,aS the riGtnfW author
itv to grant it-an indemnity which
should always be sought and accorded
upon the clrarrst admission Of legal
wrong, finding its EXCUSE in the exce1-
touaI case " hlch makes that wrong abSo-
lutclY necessary for the public safety.
But | find no resemblance between such
exceptional cases and the substance of
these proclama,ionS and these ORDERS -
They do not relate to exceptional cases
they cstq! li>h system. They do not re-
late 10 some instant emergency they COW
cr an indefinite future. They de not seek
for eXcu>' they Assert powers and
rights. They are general rules of action,
applicable to the entire country, and to
every person in it; or to great tracts Of
country and to the social condition Of
their people. and ;hey are 10 ke applied
whenever and wherever and to wh0mSo-
ever the President, or any subordinate
officer whom he may employ, may choose
to apply them.
Certainty these things are worthy Of
the most deliberate and searching exam.
nation.
Let Us, then, analyzc these proclama.
tons and orders of the President; let us
comprehend the nature and cXtcn, Of the
powers they assume. Above all, let us
examine that portcntouS cloud of the
military power Of the President, which is
supposed to have overcome us and the
civil liberties Of the country, pursuant to
the will of the people. ordained III the
! Constitution because we are in a state OF
| war.
And first, let us understand tie nature
and operation Of the proclamation of
emancipation, as it is termed; then let US
see the character and scope Of the other
! proclamation, and the orders Of the Sec
retary of War, designed to give it practi-
! cal effect, aud having done 50, let us ex-
anime the asserted source Of these pow
! crS.
Tie proclamation of emancipation, il
! taken TO mean what in terms it asserts, is
an executive decree, that on the first day
of January next all persons held as
slaves within such States or-parts oi
States as shall then be designated, shall
cease to be lawfully held to service, and
may by their own efforts, and with the
aid Of the military power Of the United
States, vindicate their lawful right to
their personal freedom.
The persons who are the subjects OF
this proclamation are held to service by
the laws o. the respective States in which
they reside, enacted by State authority,
as clear and unqucStionable, under our
system of government, as any law passed
by any State on any subject.
This proclamation, then, by an execu.
tive decree, proposes to repeal and annuI
valid Statelaws which regulate the do