The mountain Democrat., 1863-02-07
corTcspondsaes Of the Chicago Tribune.
IL the COnstitutlOR Suspended Du~
ring the War!


Is the Constitution suspended during
the war; That is the question. IL tits
not, then there exists no power in the
President to abrogate constitutional
rights or expunge State laws. Many who
profess to be loyal men, and to have
closely studied the Constitution, gravely
assert that what they term military ne
cessity in time Of war is superior to all
civil law. The conduct of Gen. jackson
ct New Orleans is cited as precedent.
The entire proceedings in connection
with GfA ~SSaSeNNkfsH ~ 0-~-1'-' '''-' '{;S
arrest, trial, and payment of the fine i'm
posed-prove couclusively that in his
opinion his declaration Of martial law was
illegal and could not be justified by the
necessity of the circumstances ettendipg
IS. He never claimed to be acting under
the Constitution or in accordance with
law, but frankly acknowledged the pro-
ceeding to be in contravention Of both.
But even did the Constitution admit
the declaration Of martial law in partcu-
lar localities in time of fearful peril, will
it be claimed that it can be extended over
a whole country, cannot Congress be for
bidden to meet and legislate, and cannot
every department Of Government, State
and National, be set aside by q simple
proclamation from the President. and con-
tinue suspended at his willP Under this
direction the President not the Consti
tuition or the several departments Of Gov
ernment organized under its authority
is supreme. This military necessity Of
which we hear so much. is either limited
or it Is restricted II it be unlimited in
its power during the war, then the Prcsi-
dent, as Commander.in Chief, is Emper-
or. His DEGREES are absolute. lit is
restricted, where shall we look fO the
bound of authority? In the Constitu-
ton? Is there any authority in this
Government elsewhereP 1t is said the
Constitution does not provide for the
mode in which war shall be conductcd--
that our armies appropriate private prop
erty to public use-that spies are hung,
deserters shot, suspected traitors arrested
and the freedom Of the press muzzlcd, 10y
military authority, justified by necessity,
all of which would be unlawful in time Of
peace. Congress has the power, by the
Constitution, "to declare war" and " to
make rules for the government and regu-
lation of the land and naval forces" Un-
der the provisions of, the Constitution,
the entire disposal Of our armies is under
Congress. 1t must provide for the in
crease or decrease and payment Of our
armies, and, If it chooses to do So can di.
rect the plan and purpose of campaign,
and the President, as Commander-in-
Chief of the army, is under its direction
The power thus conferred, Congress
has not, so far as conducting a campaign
is concerned, seen proper to exercise !;
but it is unquestionable that the war
making power is vested in Congress, and
the President is simply the executive Of
its will. If Congress should direct the
withdrawal of the troops from particu-
lar State or Territory, the President
would not be at liberty to disobey the
command. That the details Of cam
paign are left to the President and his
military subordinateS is for the simple
reason that there must be concentration
of authority as we'll as of troops to sue
cessfully conduct war. Congress has
power "to grant letters of marque and
reprisal, and make rules concerning cap
lures on land and water" Its authority
is complete, in whole and in part, to
make, conduct and close war, for the
President cannot conclude q treaty Of
peace without the concurrence OF two
thirds Ot the Senators present.
Where. then, is the military necessity
that can override the Constitution?
Where does the President get his author
ity to Subvert the organic law by sim
pie proclamation War is to be con-
Quoted according to the rules Of war, and
Congress is to provide by law the "rules
for the government and regulation of the
land and naval forces" Under this pro.
vision, can it provide by law for the sub
version of the Constitution, because one
State or a dozen States are in rebellion !?
Under the plea of maintaining the Gov
ernment, can it provide by law for the
subversion Of the Constitution because
one State or a dozen States overthrOx it :?
In war and in peace the Constitution is
supreme. 1t is as much so in a foreign
war as in a civil one. Military arrests
and executions are in accordance with
army regulations but when it is claim
ed that the possession of commission
and pair Of shoulder straps confcrs upon
the owners the right to arrest, punish
and execute citizens who arc not in the
army, we may well inquire what despo-
tism will next be advocated and justified.
When it is claimed that the existence of
war, confers upon the President the
power to strike from existence the Con-
stitution and laws of eleven States of this
Union. override the Constitution of the
General Government, and prescribe the
social condition Of twelve millions Of pco-
pie is it not time to ask if the nation is
drunk or insane!
POVERTY. says that poverty is
only an idea, in nine cases out Of ten.-
Some men with ten thousand dollars a
year suffer more for want of means than
others with three hundred. The reason is,
the richer man has artificial wants. His
income is ten thousand dollars, and by
habit he spends twelve or fifteen thousand,
and he suffers enough from being dunned
for unpaid debts to kill sensitive man.
A man who earns q dollar day and does
not run in debt, is the happier of the two.
Very few people who have never been rich
will believe this, but it is true as Gods