The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1863-04-15
For the Ashland Union. !.
The War Power Eo q

As there is much said aboutthe war powt
as an inexaustible fountain of, power, I hav
, tbeen constrained tn examine the subject a, Ii
te.s TITS invoked as superior to the Const
tuition and the laws of Congress, and as owe
riding 2ori swallowing up those inalienabl
right OF citizens aShich lie at the foundatio
OF our free institutions. The appeal to Til
source of power has been SO persistent, ths
many may believe that there is really som
foundation for it. 1t is assumed by SOM tha
the President, without the aid of Congress- ca
determine that war actually exists, and tha
when he SO determines, he has the whole an,
Unlimited right to decide upon what instru
mentalties he will resort to for its prosecution
that he can suspend the Municipal laws anc
substitute military law in their stead in cor
formity with his visws:.of policy, Cor what he
may be pleased to call military necessity ;
and exercise unlimited control over the citi
zen and his property ssond business, in def
ance of the Constitution and laws made in
pursuance thereof % sai06iici III ysb;aa le
- This in effect is blotting out every thing
heretofore provided for the protection of the
rights cf the citizen and the public, and sub
stltutlng the viii Of the President and the
Executive force he may see fit to call around
him, in the ace of the bulwarks erected by
our forefathers. IF these things be SO, then
our government is one of the Executive will
and not of Constitutional and Legislative
enactments - g.
While the right of free discussion is per-
mltted, we think and feel that it is not ONLY
our privilege, but our duty to controvert these
assumptions of power as being as fatal to gu our
Union as the heresies of secession, and as un.
holy as the rebellion itself. ' ~ % '.ea
L propose, briefly, to examine this subject
which is being so curiously questioned by, the
people and which has created a hate in the
minds of the people of the Northwest against
the Administration, little short of that which |
prevails among the peopleaof the Confederate
States The only eypr 9power known to the
Constitution is found in the ifoll5winS pro7f
ION: Congress shall have power, (not the
'resident9 to declare war, grant letters of
narque and reprisal, and make rules concern,
ng captures on land and water. So
'sTo raise and support armies, but no appro.
riatlons Of money to that use shall be for a
'nger term than two years. To provide and
lalntaln navy. To make rules for the Gov
rnment and regulation of the land and naval
orces. a 9 80 5--=-. - l1s' zi4
10 provide for calling out the. militia to
ecute the laws of the Union, suppress in.
directions and repel invasons.
10 provide for organizing, arming and dis
piining the militia and for governing: such t
art OF them as may be employed in the Uni d
ID States, reserving to the States respective '
the appointment of the officers and the au- /
lority of training the militia according to the
scipiine prescribed by Congress"
This We believe is all the war power known {.
the constitutional is lodged exclusively t
it'll Congress and with none else. 1t alone +
n declare war, raise and support armies and c
oVlde for calling out the militia to execute "
c laws of the Union and suppress insurrec @
'ns- Congress at an early day passed laws \
ION these subjects 1t enacted rules and ar i
cles OF war for governing and protecting the "
mics OF the Un;tcd States which were devo l.
d exclusively to those objects. o7t t ' f.
1t has provided for the G Government of the h
lvy, and for using the Army and Navy and q
ling out the militia &c.,sao execute the T
VS. ard repel invasions al9zI 2. d
All these things are under the control of 70
laws already passed by the Congress of the 81
,lted States in pursuance of the Constitu- 4,
n The Constitution further provides, a':-
''Ihe President shall be Commapder.in- n
nef OF the Army and Navy of the United I,
ites and of the Militia of the several States =
en called into the actual service of the Uni, of
States" 1.aase3is
IhIs provision simply clothes the President 4st
IN the power to execute the laws of Con.
'ss made IN pursuance Of the Constitution lv
the army and navy. 1t does not authorize
n to, to-, make or suspend any existing law or wi
violate the rights of any citizens or do any be
gal act, for he is as much the creature of TO
law as any private citizen. He can pan !:
. the he army any navy under, the laws, but or
IN violation OF them. He can protect his fo
'es IN any lawful manner he may see fit to to-
pioJ and so to direct and control them so /,
70 render them effective for offence and ~
ence; But his power over citizens ne.bot, rel
ging TO. the army, is limited and regulated Epo
the law of the land, and not by his will or :,
t OF any of his subordinates. But it is -
med by the higher lawites, that this all n.
hty power only exists in favor OF the Pre-. sci
mt in in times. of war or rebellion. This J
m has no existence except in the brain Of In' pp
idened fanatics, and is a base slander upon NO no
Constitution of our fathers Were this =
~
SO, our government would be govern T.
1T of despotism and arbitrary will, instead II
ne of Constitution and laws EAq
elr citizens could neither know what wasd de-
full or unlawful if the will Of the Executive the
the law Notwithstanding these plain est
seitovident truths, there are many who nS u
st that there is owar oowern which sane ar =,