Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-01-10

directions will be inserted until forbid and charged
Notices ior Political Nesting to bc charged In all
4 caseS at fIlli rates. II - - - "
:, Marriages NoticssoF Funerals, and announcements
OF sermons 90 cents each nonvl1-'5s-
| @-@--==-:-- ---------
A Review Of Jndgo Curtis Pamphlet.
4 The Hon. q. R. Curtis, late Judge Of the
supreme Court of the United States. soon
after the aPpearauce Of the Presideut's s
Emancipation Proclamation, published, in
pamphlet form, severe structures, at
tempting to show that tho proclamation
was issued without due authority, and was
unconstitutional. This pamphlet has been
reviewed, IN tho same form, by CHARLES p.
kirkland an eminent lawyer of New York;
With what success can be gathered from
the following extracts from his reply. To
| oolain their full force they shonld DO read
IN their proper connection. ,i-
Both gentlemen claim to belong to no
political party, and each, uuquestionably,
/ ts influenced alone by the desire to aid
their countrymen in coming to right con :,
clnsiOns. -, as-s'.-
You discuss aud l discuss simply the
! Constitutional right and porCer of tue Presi-
dent Under eristinS facts to issue that pro-
clamatiou.
We, in this discussion, agree to assume
that, in the contingency stated in it, It will.
go into actual operation as intended Then
we are to inquire what the practical effect
OF It's thus going into actual operation,
would be, not on the black nor the white
race, but on the wGr the rebels have declar.
Ell and are carrying on. 1t requires but a
very limited knowledge OF facts to answer
this inquiry. II any one fact is demon
strated With perfect clearness in this con.
test thus far, il is, that the slaves in the
States in rebellion have furnished to those
States means Indispensable to them for car
r{ing on aud sustaining the contest on
their part. .7s5
EHere Mr.. cited the fact that Govern
or Brown, OF Georgia, called for IL, 900
slaves to work on the fortifcatiobsisb abe ut
Savannah. ~ - - 2 = ss'17s = " =
Without the agricultural and domestic
/ labor OF the slaves, tens of thousands of
whites, who have been and are now in the
rebel army, could not have been with
drawn from the cultivation Of the ground, :,
aud the various other pursuits requisite to
the supply, for that whole region, of the
actual necessaries of life. Without the
| slaves, their n numerous and extensive earth
| works, Qualifications and tho like their i'm
mense transportation OF military stores
| and munitions, vast amount of labor in
camps and on marches Ito say nothing CT
the active seryice as soldiers, said in many
instances 10 have been rendered by slaves)
couldhy no possibility have been accom-
plished. ~
I The eintent aud design of the proclama.
tion, its actnNl effect, if it.bas its intended
Operation, is forever to deprive the a enc
my" of this vital, absolutely essential and.
as have just said Indispensable means OF
carrying on the war. In reason, in com.
mon sense, in national law, in the law Of
civilized war, what objection eau exist to
our using our power to attain an end SO
just, so lawful, and, aud 1 may say, SO be-
! nihcept and so humane, as thus dcprivins
our "enemy", of his mesus ofywarfare !? /
do not believe that you, on more mature
reflection, will deny tho truth of what |
have just stated. gsa
/ What is the meaning and intent of the
constitutional direction of the President,
"thaE he should preserve, protect and do
Eteud the Constitution" unless in time OF
war be eau do so in his capacity of Com
mauder-in chief, uuless in time of war he
shall have the power to adopt and carry
l.out as to the enemy such measures as the
laws of war justify, and as he may deem
necessary. Is the constitution designed to
do away these lnWs, and render them iuap.
plicable to our uation-in other words, is
the constitution a .fdko dc SEP II cannot be
denied, that in time of war, at least, the
4 President, while in civil sense the TES-
ecutiye,P IS at the same time the military
head of the natiou-'tthe Commander.in-
1 lchief'-and us such, his t'commaud" is
necessarily co extensive with the country.
cannot, on this point, quote any thing
more true and more opposite than a para :
graph of your own. ala time of war, with
out any special legislation, the Comman- :
der-in-chief is lawfully empowered by the
Constitution and laws of itheSU nited States
to do whatever is necessary and is sanc-
\ toned by the laws of war to accomplish
! the law full objects of his commaud.1'
This is, undoubtedly; the constitutional
law Of the land, and being so, it of me-
cessity upsets and oyerturns all your OBJ.
4 jeotions 70 the proclamation in question:
The "laWful objecFH of tile President, at
this moment, is TO preserve the Constitu-
tion by putting an end to this rebellion
In order to do this. it. is necessary to de.
priVe the,rebels Of their means of sustaining
the irebellion-one of the most effective
; and available iof those means, as lust
shown, is their slaves, the intent and OBJ
iect of the iproclamations are to deprive
them of those means. The so depriving
them is Sanctioned by the laws of wars
. and consequently, this act OF the Presi.
dent is, within your own. doctrine, perfect.
lily legaland constitutional. n 3
;. Johp Quincy Adams while a member Of
the House of Representatives, in "a debate
in the House, on an important subject. in
April 1912, after stating that slaveryswHSIf
q Eabolisbed in Columbia, first by the span.
4 ish General Murillo, and second by the
) American General Bolivar, by virtue of q
military command given at the head tn.
army, and thatsits abolition continued n
this day, declares that Sin nstatelof aefuG
tsGr the iia.rt of ,car take precedence owe,
: civil laws and municipal Institutions.
! llsy this down as the Law 5ofguattons., / say
: that The military apfh9Fi,y for the tim,