Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1864-04-07

lucdS VI IL DOpuldT ICpupHCdi government
the sovereignty of the State being commit
ted not to the people to be exercised by the
voice of majority, but to the inconsidcrable
fraction of onc-tenth of the people 1t
would of course require a huge army in
every such State TO preserve such flag
itious government, and its maintenance, if
it were possible which it clearly is not,
would be at the sacrifice of every principle
of the Constitutional human liberty
That there may be factions of men in the
seeded States, consisting of the original
inhabitants and corrupt Northern miscre-
ants who will take themselves thither to
share in the mighty plumber of Common
weaths, who will consent to the revolving
scheme, is rendered probable by the eager
ness with which a great predominating par
ty seizes upon and cherishes the elements
and policy of disorganization and ruin. -
And is such to be the fruit Of executive
proclamatons? Why, sir, there was time
when proclamations from the highest au-
thority called upon us as people favored
of Heaven to assemble and express our
thanks to bcncfcent Providence for His
blessings, to observe the solemn ordinances
of fasting and prayer, or to perform some
| high political duty involved in our relations
| to the State; but now they come careering
in their wild course through the political
! frmament like comets in the heavens rush
ing through the consultations without any
| fixed orbit. They come to herald the dis
organization and crash of our political sys-
ten.
What has occurred of late ask, to con
fer upon the President, or any other citi-
zen, this enormous power to deal with the
very framework of our Government as he
plcases? He has declared, on divers occa-
sions and in the most solemn manner, since
his Inauguration and during the war, that
he had no legal power to abolish slavery,
and pledged himself to the faithful eXecu-
ton Of the fugitive slave law. We are
obliged from his own words to take it as
admitted by him that he has no warrant OF
law for the cdcts which he has proclaimed.
| know that certain class Of higher law
men, more inventive than the President
harp and carp about what they call wal
power which, Us they claim, relieves the
administration from all the injunctions and
restrictions of the paramount law of the
realm, and that by the force of extrem,
pressure, accomplished by pcrsuasions anC
mcnaccs they have mislcd the Presiden
to depart from the constitutional policy
which he promised to observe. To thei
influence we may impute the suspension, o.
rather the annihilation, Of the hajeas cor
pWS. the trammelng and overthrow of tht
: jurisdiction Of the courts, the suppression
5 Of the freedom Of the press, the denial t
I private citizens OF the protection Of thei
own laws, their arrest without process, o
charge even, Of treason or other crime de
e fined by law, their cruel imprisonment ant
banishment for no other cause than the ex
crcisc of free speech in critcsine the poll
cy and conduct OF the agents i'll whose hand
the people have temporarily contdod tn,
defined powers OF the Government. Tha
cxtravagant sentiment is often expresseC
on this floor The gentleman from Penn
sylyania who represents the great manufac
turing city Of that State, and who ha
maintained high standing in the legal pro
fesson, in u speech recently delivered il
this House said;
"The war power of the Constitution is equiv
er, here rs there, the extreme medicine of Tia
Constitution, not its daily bread. The mission
OF arcpublic Is peace; war Is state of violence
70 conduct an army upon the principles of r,
publican equality would be fatal to ali subordi
, this the normal condition of the republic wi
, not serve, Its very organization would forbi
$ can only he wnged on nti-rcpuhlican prime
pies. While II prevails, the law itself must II
most necessarily be silent"
= If these words have any significance the
=, mean that the Constitution invests ii
: President in time OF war with mnimitt
q. dictatorial powcr-powcr over the lives, Ii
- critics and property of the people. 1t
' wonderful how the heated furnace of pa
>. ty politics operates upon men $ opinions.
:, II student, three years ago, under cxal
" nation by a committee of lawyers had e
" pressed such an opinion, he could not ha'
>. been admitted to the bar of any coun
:, " court in the United States.
" In answer to these cXtravagant and lilo
:, zeal assumptions which, once admtte
y would transform an officer Of the Cover
:, u ment Of strictly limited powers, into de
y, pot Of unlimited powers, it is only ncccssa
~ to refer to that Constitution which is II
u thoritatively declared to be the paramou
~ law in war and peace and which declar
i that no power beyond the letter of its gra
W. exists i'll or can be exercised by the Fodel
Government or its officers.
i The eleventh clause of the eighth sect,
y, Of article one of the Constitution declar
> that
le "Thc Congress shall have powcrto declare WI
|; grant letters of mnruue and rcprisnl, al
u make rules concerning captures on land a.
T. water
10 The twelfth clause adds
a. "ro raise and support armies, but no app
y preparation of money to that use shall be lo
u longer term than two years"
N The thirteenth
y, "To provide ana maintain n navy"
~ Fourteenth
~ ''To make rules for the government and II
~ ulation of the land and naval forces"
: Fifteenth
"ro provide for calling forth the militia
u execute the laws OF the lniOn suppress inst
r. rections and rrpcl invasions."
Sixteenth
Of "'ro provide for organizing, armug and d
Clpliuiug the militia, and Tor governing su
:, part of them MS may be employed In the :,
- vice of the United states, rcserviug to /
States respectively the appointment of the oi
a. GERS, and the authority of training the mili
-, according to the discipline prescribed by Co
III SrcSs,"
Us In the foregoing clauses of the ConStit
~ ~ ton is contained the war power, and t
VI only war power there is in this nation.
'S is vested in Congress and not in the Pre-
'c dent, In war he does not rightluly bccor
y dictator, for the seventh clause of secti
III one of the second article provides in rel,
u ence to the President of the United Stat
'S as follows;
~ 'Rcforo he enter on the execution OF his on
IL he shall take the following oath or atllrmatl,
Lp Il do SulCmnly swear cor attrm) that | "
faithfully execute the office OF President of
United states, and Will 10 the best of my abb
IL ty preserve, protect and defend the CONSTITUTE
~ of the United States
NJ So the Constitution, and not its SwC
ITS vassal and supporter is the dictator, |