Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-01-13


tutions in either case viii remain fns sa.De.
ssIts hardly necessary to odd 70 the iuecuteatabl
sarenent he further fact that the new President,
well fhe citz NJ through whose snrage be has CON
isio tbe administration, has always rspudiaea all ds
signs whBtevsr ard Whene imputed 70 him and them
Of d tor ng the eyste N Of slavery t exists unde
fully presented Il Quit % say that I'D!
sreh effort on bis part woeld be acoEstit04a and 81
his actions ID tha direction would be prevented by th
ToPsr shorty even though taey were asssuted 70 b.
Cong Fess and the people"
coala anything be clear and distinct than tbi
afoVyai made the Secretary Of State after the re
beOu had reared its defiant front against the govern
lnent Made, foe, be Il remeherei, ip an official cor
respoodeBee that our minister at Paris might max,
neH to the soed that the administration at Washing
ton not engaged in agg essive tia right
Of he States bat IN just and defensive war to main
tam the Co sutuiioa aad restore the Union
mr. Seward repudates not on'y the exitence Of any
snch Fer in tte COastitgton but urgently impresse
noon Mr.. Daytous mind that the Executive and the
eliizers 5hroug whose suifsges be came into the ad
nllatrati0n, had always rspUdiaed al designs what
ever and 'Yhsne'er imputed to him and them, Of dis
turog the system Of slavery As It exists under the Con
stitutoa end laws
Observe he significant admission that tie system Of
I slavery exists under the Constitution
Butthe % ecutive does not claim nor does any one
for him, that ne POSSESSES the power, ndsF the Const
tuition q the United States to Issue this proclamation
as Chief Magistrate Of the nation. He claims the power
by virue of ha military capacity as commander-in-
I chief Of the army. lLanghteFl Yes, a. commander
in-chief, Though, from the developments now being
made IN the courts martial sitting st W ashingon, he
csnuot feel very proud Of his military achievements
When that enbo 6imeut Of ecclesiastical charity and
as5oieal divinity apPlsusel went from this city 70
Washington Immense Applause to see him aud induce
! him to ilsue this proclamation, he said to them
Understand raise objection to It on legal or
EtitutOual grounds. for oOmmandeT-inehef Of the
army and navy IA time of war, suppose have right
to take any measure which may best Subdue the
enemy
Judge Curtis member OF the Republican party
and lately Judge Of the supreme court of the United
States has disposed Of the great question involved in
this claim, 70 transeendent Excessive power with
clear vigorous and severe logic; and his stern and
lofty argument glitters the corrupt and nboldonized
political literature Of Massachusetts
Like rich jewel in an Eshiops ear"
What is the msssurs Of thess immense pOwsrs and
The eisim Of lie President answers the question
They extend e any whatever which may best
gubdue the enemy and the nature of the messnre and
whether it calculated to subdue the enemy, ques
lions be determined by him. and resting Solely in his
discretion THERE'S no limit 70 his snthorlty save his
dscrstouj aud there s no tribunal 20 which he is re-
sponsible for its exercise that of bis
science. Freed from the embarrassing restraints Of law
and liberated from the ineonYenient Ehackles Of the
Constitution be Is lifted above and beyond them by the
penituds Of bis ranscendent and irresponsible power
and nav srsnend their actisn parelyze their vital en-
ergies and dsal with the liberties OF the people accord
in. 10 tha suggestions Of his mercy or caprice
Men Of illinois, Is tbs ths governments that eur
fathers case us L this the sacred heritage they hal
lowed by their blood Is this the great republic de-
fving fvrspts and ptyng and chesring their victims
and protecting by enduring active a0d irrefragi-
be guarantees the assured liberties Of its citizens now
hitherto concealed authority for its destruction
and bending with lowlg meekness 10 receive, in
ths discretion of the President the mmolsting blow
lApplause.l
No nan of Ilinois-no-a thousand times no. Such
,eal5ons for destruction not hidden anoag the
egimaie powers Of this government, and he who claims
to weld them is its most dangerous foe Irmenss and
continued appia1Se.l Inc power OF the PRESIDENT as
eou11ap iern chief Is not power 20 adopt any
ure which may best suedue the enemy without regard
to what Tho measure is This power extends only
The bsigereut acts of the government in dealing with
,Ee anel5v AMI Is clearly limited and defined by the
code Of international law which is recognized obga
tori mon an Chrstien nations This law confines the
military authority Of the comm ander n-chief to the
teaer Of his actual operations IN the field and speei
sss What he nav do and what he may not do. He nav
tajs, t,, pubfc property Of the enemy wherever be
may Hnd e. but the private property OF individuals
though living IN the enemy country and his subject
r esn bs despoi and plunder the country of the enc
nv v Cyrus, Of Persls, was marching upon the
aaenos border he gave orders to bis army to dis
b the cutivatOFs of the soi Wnen Count Die bitsch
h 5,-.,rad te the d aims OF Romeia at the head of
Rss,n army, he Issued an order securing the private
t.- ~ tbe enemy from depreciation and inipr.y.
"a & tbe Invasion Of Mexico by the armies OF ths
IIi sta+es The generals in the field Instructed
~ +is govsrnfae4t It at Washington to abstain from sp
private property to pubic use without pur-
I'd a fair price [Rpplsuse because it was for
b5i5 nv tse law Of nations. The general principle TO
which this law limits the mihtary power Is clearly
gtafed b Chancellor Kent VINO was one Of the most dis
"a 1rsts of this country, and upon this subject
eerisiniy the highest authority He says
The general usage now is not to touch private prop
noon land maSing unless
pscii osses dictated by The necessary operations Of
f war or when captured IN places carried BY storm
and witch repeed N overturss for q eapulation. Con-
rif ois are sometimes levied u3on conquered cOun-
49, i Ian ef eanfscation of property, and as some
n1femnty for the expenses of msntEining order and
afordiug protaehou. If the eouqueror goes beyond
se Ii.its vsntonly, when it is not clearly indspan-
e 10 the inst PURPOSES of the and private
property of pacific persons for the sake Of gain, and
destroys pFivae dwellings, or pubic edhces dedicated
to evil purposes only, or Llakes war upon monuments
Of ar ad models Of taste he violates the modern usages
Of war and is cure to meet with ndgnant resentment
and be heldup ths general scorn and detesaton
Whether or not therefore this proclamation is in fact
4 measure (which viii bsst subdue the enemy" the
eo,an,3rder-in chief has no power TO issue It.
treating Il now simply taking Of the eDemys prop
sr an regarded in that view only it VIII cause the
name Of A1segiea 70 be held up to the general seorn
and detestaton Of the world l, therefore, as an
American citizen, protest against measure Of warfare
which viii suy and defame that high te in the esti-
mativn Of the world. LAppisuse1
PIT thought this question long since settled by the
res and principles established in the experience of my
own country thought that the terms OF peace which
folsvred two wars had forever been condemned al
unauthorized in war between civilized nations any
attempts TO free the slaves Of the enemy and nce them
to s-ryiIe insurrection Such steTnps were made By
Crea+ RETAIN in the war of 1872 and she has fully
ndennifsd the United States for all slaves taken
released By her during eseh OF these wars The inlen-
nv paid amounted to nearly two millions Of dollars
and yyss demsnded upon the ground stated, by John
Opincv Adams in 1915, then mfaiser TO the ccur Of St.
Jsu1ss in his dipomate negoilation upon tat sHect
with I ord Liverpool He says:
was trne proclamations melting slaves to desert
from their masters had been issued by British officers
We considered them deviatons from the usages Of
wa We lfeved that the British government itself
yo III when the hostile passions arising from stats Of
war should subside, consider them in the same
This REQUIRES no further comment and as have on
previous occasions fully considered the subst in tn
view, Ipursue Il no further
ft h thls proclamation within the limits the Pres
dent has himself urescrbed 70 the power be caimsi Is
4 Il 1neaSure (which may best subdue the enemy
I WHO'S the enemy 70 be tubdaedi IA voice in the
TfLs lbUffff
t .,e,,vbo Il the enemy now The rebellion. How
and to what Is be su0aueds Ittto be subdued by
tie erhrow Of The Confederate government Nhieh y
usurpston established oA er elsFsn OF tne states Of
bis Union whose eiizens freed from this unlawful
,r s 20 be broEgh back to their alleg ance TO the
federal g0gernmeut Of the United States and the led
s-al Union shed il Tbs States gs such
are rot the enemy nor are the whole people OF the
south the enemy GeogrsphieaL divisions 0l territory
cannot eo4nuit treasou, an entire people be sT
rad because thay could not prevent the rebeilious
,rus.iou OF the ambitious and the 0isi0yR5 among
them 10 aid those that were Toys N oVer1nTesslng
the schemes this maehnations Of those saaoittsus
sS aislovI men snd the political authority in which
those schemes and maehnstcns had developed was the
purpose and object OF the federal government IA al
vauep is armies upon ihs land In which that political
j authority was established
The measure proposed by the Executive to accom-
ps this re sut ID measure 10 overthrow the instifn-
ops Of the States whose loyal citizens are unsee 70
protoct heiasslves eanst the usurpaon imposed upon
hem-fo c0nscsse indscrimnAiey the property Of the
0ya and dist5yas and visit t1e nome OF ths oPtessof
and his victim with She merciless buteheres and hend-
sh aassaeres and all the countless Aorrcrs Of serve
Can s,ci a. ssure subdue the enemy
ssenef Illinois, on the first day of January. # the
PresidAut accomplishing the act which is 10 give eeet
i've oPeration to fhs decree aesgnstes ihe sses g
which it shall apply, there is not man Wine those
Ststes who viii y 70 arms Mothers VIII give up
their to tbs battle, and the cold blood Of worn
out sge fred by this most accused measure, VIII hew
srin with the restless ardor of youth, and the sgionl
az the rebellion will advance power you caHnot sub
due except at the cost e yoer own ana your soey