Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1864-01-15

CREATING distinction between the Govern.
tnent and its Administration confronting us
with the novel doctrine that The Government
y the Constitution and the institu ions foun-
ded thereon, while the Administration is
merely the agents chosen by the people and
F.. responsible to them. Assuming to act upon
this theory, they claim the right to oppose the
latter, while pretending to support and main
tain the former. 80
This dangerous paradox is fit companion
Of the doctrine Of " State Rights" which held
| the American Union to be only . league be-
tween sovereign States, dissolvsble at their
will and that the citizen owed paramount
allegiance to his State, and only subordinate
one to the Federal Government, A doctrine
which, although denounced by the stern old
leaders of Democracy as destructive of the
Union, yet succeeded in diffusing its subtle
poison through the Southern mind. and.
finally, eliminated in the crime Of treason.
1t needs but word of refutation. do
but adopt the idea of a great writer when
say that our free. written Constitution is not
government, but the warrant and representa-
tive OF Government. It is not power, but the
symbol OF power, and will, in any emergency.
prove altogether useless, unless the power
for which 1t stands be forthcoming. Where
does this power reside? Net in the Consti.
tuition, nor in any of the coordinate depart
ments created by it; nor in the people, but
in all combined. These constituent elements
compose the Government, the powers of
which are exercised through ts.constitutiop-
ally appointed agents, the Legislative, cxecu-
tive and judicial departments Without these
the powers defined in the IConstitution could
not be appropriately exercised; and without
them, it is obvious, we should have no Gov
eminent. Therefore, to strike out any of
these is to injure the Government itself to the
full extent of the blow. ' OH
| The President of the United States. for the
time being, is the Supreme Executive of the
Nation, the chosen agent of the people. the
pilot who guides the ship of State. The lib
erty of speech and of the press guaranteed
by the Constitution, is formidable only to the
enemies Of liberty in its broader and more
extended sense. The right to freely discuss
the affairs of Government and criticise the
acts of its agents, is fundamental to liberty.
and cannot safely be denied.
To all this fully subscribe. But the right
claimed by some, to oppose the execution of
the laws. and, by factious opposition, to
thwart the President in the discharge Of his
high duties ut so important juncture, is
subversive OF all liberty, and right which
belongs to treason only.
Again, the war policy of the Government
has been continuously denounced as subver
sive OF the rights of the South, and in viola
ton OF the Federal Constitution. It is reason
able TO presume that these men have either
forgotten, or never known, that Abraham
Lincoln is not only President of the United
States, charged with the execution of civi7
power, but also COMMANDMENT Chief of the
Army and Navy Of the Union, and thereby
clothed with the soar power of the Govern
ment. In the exercise of his civil functions,
he is guided by the plain language of the
Constitution, which defines the limits of bis
power, and beyond this he cannot 90 but in
the discharge of his duties as Commander in
Chief, In time of war, he is governed only by
the laws OF war, as recognized among civil
lzed nations, and such other restrictions as
Congress and the people may impose. De-
irving his authority by appointment of the
Constitution, he is thereby vested with all
the power which rightfully belongs to the
Commander-in Chief of any other army upon
The face of the Globe. This extraordinary
power, it must be understood, is called into
exercise only from state of war, and cannot
be exerted in time Of peace.
By his cath Of Office, the President is sworn
ito the best of his ability, to preserve, pro-
fect and defend the Constitution" and in the
discharge of this solemn obligation, he may
rightfully exercise all the power inherent in
the people, whose agent he is; and that he
may do this, they have made him Command
erin Chief Of their army and navy, aud the
Constitution is the warrant of his appoint.
ment. To hold, that when called upon to
preserve, protect and defend the Constitu-
ton, to the best of his ability" he is restrict
ed to the mere letter Of his civil authority, is
to deprive him of the very means of dis
charging that high duty, and make the Con-
stitution, thereby, the weapon of its own
destruction.
The Constitution is neither war making
nor war-prosecuting document. 1t empow
ers Congress to declare, and the Prcsid dent to
prosecute war, as the honor of the nation and
the exigencies of the case may demand. 1t
undertakes neither to inform Congress when,
or in what case war may be declared, nor the
PRECEDENT the manner Of carrying it on
Having made them judges of the situation, it
leaves the details Of war to their intelligent
patriotism and sound discretion.
Wherein has the Constitution been violated,
and whose rights have been subverted by the
Federal Government? The loyal States have
no reason to complain, and do not, for the
people thereof having said at the beginning.
that the rebellion should be put down. be-
come party TO the war; and after long
hearing, and full understanding of the case,
they have returned a verdict, magnificent and
Overwhelming in its proportions, that the
Administration was not guilty of the charges
preferred against it. The peop'e of the in
surgent States have no right to complain; for,
having renowned their allegiance to the Con-
stitution, Levied war against it, adopted a
Constitution and Government of their own,
and claiming recognition as separate and
Independent sovereignty, they have assumed
the attitude Of belligerents to the Federal
| Government, and thereby acknowledged them
s1lves entitled only to belligerent rights
| Every right which, as citizens of the United
States, they possessed under the Constitution,
has been voluntarily abandoned, and forfeit
| cd, by the rebellion. These rights can not,
, and should not be restored to them, until
| they shall lay down their arms, submit to the
jurisdiction Of the Federal Government, and
obtain pardon for their treason. In every
| sense of the term they are enemies to the
Constitution, to our Republican Government,
| to liberty and humanity, having but single
constitutional right left, that Of being dealt
with according to the laws of the land, for the
atrocious crime they have committed. No
other people or nation upon the face of the
earth, could have committed so high crime
against this Government and its flag. And
now, while standing as the fragrant, deadly
enemies Of the Constitution, with their hands
uplifted at the nations throat, we are told
that their constitutional rights are unimpair.
ed, and as substantial as when they were law.
abiding and peaceful subjects of the Govern.
ment. Thus we are asked to give immunity
To cr;rna hu nxculnatinor tho criminal