The mountain Democrat., 1863-01-24

laws of that State, which regulate the do
vreStiS condition Of its Inhabitants, shall
become null and void, at certain future
date, by reason of the criminal conduct
of a governing majority Of its people.
This penalty, however, it should be OBJ
served, is not to be inflicted on those per-
sons who have been guilty of treason
The freedom of their slaves was already
provided for by the act Of Congress, re
cited in a subsequent part of the procIa-
nation. 1t is not, therefore, as punish
ment Of guilty persons that the commnn'
der-in-chief decrees the freedom of Saves.
x, = ~; -. Ns
or those who, from their tender years, or
other disability, cannot he either diS'oyal
or otherwise, that the proclamation is to
I operate, if at al; and it is to operate to
=, t,ee1r fr<-s, III ePtec o, ctr>, ,,r,r1 2s"S oi
their States, because n majority If the e-
: gHfwoters do not SenG Representatives to
| Congress.
| Now it is easy to understand how per-
/ sons held to service under the laws Of
| these States, and how the army and navy,
under the orders of the President, may
! overturn these valid laws of the States,
| just as il is easy to imagine that any law
may be violated by physical force. But |
do not Under> >tand It to bc the purpose Of
| the President to inci;c part cf the inhab.
| itantS of the United States to rise in in
surrection against valid law3 bu: that, by
| virtue of some pUwcr ;,hich hc po>SeS>cS,
| he proposes to Gnnul those laws, 81 that
they are M longer to have any operation
Ia Il len
| ders of the Secretary oI War. which fol.
| low it, place every citizen Of the United
States under the direct military command
and control of the President. They de-
! clare and define new oir.nScS not knOwn
to any law of the United States They
subject all citizens to bc imprisoned upon
a military order, at the pleasure of the
| President, when, where, and So long as he
or whoever il acting for him, may choose.
They hold the citiZcn to trial before mil
itary commission appointed by c Presi
dent, or his representative, for such acts
or omissions as the President may think
proper to decree to be offcnseS aud they
submit him TO such punishment as such
military commis>ion may be pleased 10
int1ict. They create Few offices, in such
number, and whose occupants are to re-
ceive such compensation a. the President
may direct; aud the holders of these Off
ces, scattered through the States bgt with
one chief iuli ulsitor at Washington, are to
inspect and report upon the loyalty of the
citizens, with a view to the above dcScrib-
ed proceedings against them when deemed
suitable By the central authority.
Such is plain and accurate statement
of the nature aud extent Of the powers
asserted IN these cXccutYe proclamation.
What is the source of tbeae ?ast pow.
ers! Have they any limit2 >.c they
derived from or are they utterly incon>iS.
tent with, the Constitution Of the United
States
The only supposed source or measure
Of these vast powers appears to haye been
designated by the President, in his reply
to the address of the Chicago clcrgymcn,
in the following words: Understand,
raise no objection trit on legal or con.
stitutonal grounds; for, as Cammander-
in-Chief of the army aud navy, in time
of war, | suppose ! h2ve right 70 take
any measure which may best sub lne tie
enemy" This is e!raT and frank dec
aration of the Prrsid,nt respecting the
origin and extent of the power he sup
poses himself to possess; aul, so far as
know, no source OF these powers other
than the authority of COMMANDMENT Chict
in time Of war, has ever been suggested.
There has been much discussion con-
cerning the question whcth-r the power
to suspend the "privilesc If The writ OF
habeas corpus" is conferred by the Con-
stltutiOn on Congress or on the Pcsident.
The only judicia! decisions which have
been made upon this question, have been
adverse to the power Of the President.
Still, very able lawyers have cndeavored
to maintain pcthap, to the satisfaction
of others have ala; a;utaiued-that the
power to deprive particular person Of
e. the privilege of the witt" is an execu.
tive power. For, while it has been gen.
orally, and, so far as | know, universally
admitted, that Congress alone can sus-
pend a law, or render it imperative, and,
consequently, that Congress alone can
prohibit the courts from issuing the writ,
yet that the Executive might, in particu.
lar cases, suspend or deuy the privilege
which the writ WAS designed to secure.
| am not aware TINT any one has at
tempted to show that under this grant OF
power to suspend the privilege Of the
writ of habeas cornnS," the President
may annul the laws Of States, create ncw
ofenscs, uuknoWn to the laws Of the
United States, erect military commits
sions to try and punish them. and then,
by Il sweeping decree, suspend the writ
Of habeas corpus as to all persons whc
shall be ARRESTED by military authority
: | think be would riakn a more bold than
wise experiment on the crcduity Of the
people, who should attempt 20 convinc,
them that this power is To be found in
the habcas corpus clause Of the ConSttu
ton. No such attempt has been, and
think none such will be made. AnC
therefore, l repeat, that no other source,
Of this power has ever been suggested
save that described by the President him
self, as belonging to hiTl as the Comman
der-in. Chief.
: 1t must be obvious to the mcGncst ca
pacity, that if the President Of the United
States has an implied constitutional right
as Commandcr.;n- Chief of the army ant
navy, in time CT war, to disregard any
one positive prohibition of the ConStitu
ton, 20 exercise any one power no
delegated to the United States by tn,
CONSTITUTION. because, in his judgment
he may thereby 'beSt Subdue the enemy,
he has the same right, Tor the same rea
son, to disregard each and every provis
ion of the Constitution, and to exercis,
all power, needful, in mis- opinion, to ena
BILE him best to subdue the enemy"
1t has never been doubted that tn
power to abolish slavery within the State