The mountain Democrat., 1863-01-24

Of transcendent executive power.
There is nothing in ne character or con
duct Of the Chief Magistrate-there is
nothing in his present position in connec
ton with these pr0clamations, and there
is nothing in the state of the country
which should prevent candid and diSpas
Sionate discussion either Of their practical
tendencies, or Of the source of power from
whence they are supposed to spring.
The President, on all occasions, has
manifested the stlonge>t desire to act
cautiously, wisely, aud for the best inter
ests of The country. WA9t j. e,oJ,,D,>,DJv
ca3Nf1A4 r...-.~.>,s>>r>S,> NSi emancipation
is, from its terms and from the nature OF
the case, only declaration of what, at
its date, he believed might prove expe
dent, within yet underlined territorial
limits, three months hence, thirty days
"'|"~ 49, Ne':' :Hs&iHg cS Congress, and
within Territory not at present subject
even to our military control Of course,
such an executive declaration as to his
future intentions, must be understood by
the people to he liable to be modified by
events, as well as subject to such changes
! powers as more mature and possibly a
more enlightened consideration may pro.
ducr.
In April, 1861, the President issued
his proclamation, declaring that he would
treat as pirates all persons who should
cruise, under the authority of the so-call-
ed Confederate States, against the COM
mcrcc of the United States.
Bat sui sequent events induced him,
with general acquiescence, to exchange
them as prisoners of war. Not irom any
| tickleneSS OF purpose, but because the in
terestS Of the country inperativey de-
mandcd this departure from his proposed
course Ct action.
In like manner, it is not to be doubted
by any one who esteemS the Presiden;
honestly desirous to do his duty to the
country, under the best lights possible,
that when the time for his action on his
recent proclamations and order shall ar
rive it will be in conformity with his own
wishes that he should have those lights
which are best elected in this country by
temperate and well considered public dis,
cuS>ionS; discussions, not only Of the
practical consequences of the proposed
measures, but Of his own constitutional
power to decree and execute them.
The Constitution has made i incum.
bent on the President to recommend to
Congress such measures as he Shall deem
necessary aud eXpedicnt. Although
Congress will hG:e been in session nearly
thirty days before an executive action il
proposed to be taken on tins subject Of
emancipation, it can hardly bc supposed
that tins proclamation was intended to be
u recommendation to them Still, in
what the President may perhaps regard
aS having some favor OF the Spirt of the
Constitution, he make. known + tie pco
pie of the United States his proposed fu-
ture executive action; certainly not tx-
Pecting or desiring that they should be
indifferent to snch a momGntuLus pro-
po>al, OF should fail to exercise their best
judgments, and afford their best counsel>
upon what so deeply concerns them
selves.
Our public affairs are IN condition to
render unanlmlty, not only in the public
councils Of the nation, but among the
people themselves. Of the tirst impor-
tancc. But The President must have
! been aware, when he issued these proc
lamationS, that nothing approaching to-
wards unanlmity upon these S"hj"ct>
! could be attained. among the people, save
through their public discussion And as
| his desire TO act in accordance with the
D: w!Sest and te>, settled and most encrget-
ic popular sentiment cannot be doubted,
we must justly believe that executive ac,
ton has been postponed, among other
reasons, for the very purpose of allowing
time for such discussion.
! And, in reference to the last proclama
ton, and the ordcrs.Uf the Secretary OF
War, intended to carry it into practira
effect, though their operation is immcdi-
ate, 50 far as their cypress declarations
can make them so, they have not vet
been practically applied to such an extent
or in such way, AS not II allow it tn be
supposed that the grounds upon which
they rest are open for examination.
However this may be-, these are subjects
in which the people have vast concern. -
1t is their right, 1t is their dnty % then.
selves and to their poSterity to examine
and to consider, and to decide upon them;
and no citizen is faithful to his great trust
if he fail to do so, according to the best
lights he has or can obtain. And if, final
", such examination and consideration
shall end in diversity Of opinion, it mus
be accepted as justly attributed to the
questions themselves, or to the men who
have made them.
1t has been attempted by some partizaT
journals 20 raise the cry Of di>loyalty'
against any one who should question thcs,
| executive acts.
But the people of the United Statc'
know that loyalty is not Subservicncy tC
a man, or to party, or to the opinions o
newspapers; but that it Is an honest anC
wise devotion to the safety and welfare o
the country, and to the great principle;
which our Constitution Of governm Mt EN-
bodies, by which alone that safety ant
welfare can be secured. And, when thoS,
principles are put in jeopardy, every tru
loyal man must interpose, according t.
his ability, or be an uniaithiul citizen.
This is not government of men. It'll
government OF laws. And the laws ar
required by the people to be in conformity
with their will. declared by the Constitu
ton. Our loyalty is due to that will
Our obedience is due to those laws: ant
he who would induce submission to othe
laws, springing from sources of power no
originating in the people, but in casua
events, and in the mere will Of the occu
pants of places Of power, docs not exhor
US to loyalty, but to desertion of ou
trust.
That they, whose principles he ques
tions, have the conduct of public affairs
| thnf tho timnc orn rnnrt criiicnl fhnt mn b