Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1865-08-22
The Abuse of Power.

There is, undoubtedly, a tendency, even with
the best of men, to misuse power. il perfect
ruler could be found, it would be entirely safe to
entrust him with Unlimited authority as it would
be impossible for him to use it to the injury Of
any one. But the theory Of cur Government is
that It Is absolutely necessary to put check and
restraints upon every person who is called upon
to exercise power, so that it may be impos
sbe for him to use his position to the mi ury Of
anybody. The history Of the race, and Of all
governments, warrants this caution. The found
ers of our Government and the trainers Of our
Constitution, having seen the evils Of a rule par
tally despotlc, took particular pains to guard and
protect the people against the abuse of power.
They made an organic law, by which they de-
fned and limited the powers which those holding
office could exercise, With as much precision as
the nature Of the Government would permit.
That Constitution is the supreme law Of the land,
and by it the people, a, well as the rulers are to
measure their duties and obligations.
We deem it wise occasionally to call the atten-
ton Of those in authority to the fact, that they
derive all their power from the Constitution of
the United States, We are not ignorant Of It's
fact that there has bseu gigantic rebellion; nor
are we ignorant Of the other fact that this rebel
lion was aimed at the overthrow of the Union and
destruction Of the Government. This rebellion
was born, bred, and raised 10 dsrespect and def
ance Of the Constitution but it left alI ilS pro-
visions in their original force and virtue. ltgave
70 new power to the President, aud took from
Lin no power possessed before 1t did, however,
give the executive the occasion for exercising
powers which were given him by the Constitution,
but which are not to hs exercised in times Of
peace.
There is the greatest temptation to the misuse
Of powers which can only be employed upon ex'
lraordirary occasions. There can be no doubt
that the Constitution contemplate' the suspension
of the writ of hGbeas corpus, the use Of martial
law, and the trial by military tribunals in certain
cases. But the whole spirit Of that instrument is
hostile to the exercise Of such extraordinary pow
ers, except upon the drest necessity and the
official who feels justified by the peril Of the
country, in employing these sgence6-foreign
as they are to our institutions, and unpopular
with the peope-shOud SEIZE Inc earliest moment
iJr laying down the power which he has thought
that the necessities Of The country have compel
led him temporarily to exercise. If he does not
do this be will certainly find himself-and very
likely with no evil intent or dishonest purpose
gradually putting convenience in the place OF
necessity, and honesty Of purpose 10 the place OF
legal right and will shortly come to defend ar
bitGry and unconstitutional acts, by insisting that
nobody but the gully suffers by il.
Yet nothing can be more dangerous to the l'b'
critics of the people than such delanse of the
use Of extraordinary powers by officials. When
individuals resort TO lynch law, no precedent h
established which binds anybody. But when
officials exercise doubtful powers, their successors
will plead the presidents and their successors
may not be honest, nor use the doubtful power
only against these who are conspiring 10 over
throw the liberties OF the people. If the military
may interfere to day 10 keep one set of voters
from the polls, they may, With just asmuch right
interfere tomorrow to keep away another set Of
voters.
While we certainly have no disposition to en-
barrass the government in the work Of reorgan-
izrg the South and thoroughly crushing treason
we can but think there is quite too much hold
ing on to the powers, which were thought nee
( cessary when rebellion was 10 arms for the over
throw Of the Union. Treason in arms requires
one kind Of treatment, and opposition to the gov
eminent at the ballot box requires quite anothe
method. Bullef, mirtial law, an1 the suspen
sion Of the writ Of hobeds corpus are quite in or
, der and legitimate rem edes for the one Case, bu
! they ale not 10 order in the other. The mill ar
l can rgbtiully, undoubtedly be employed t
. maintain the peace which he bayonet has con
= auered but it cannot sn,fully be employed t
y carry on elections.
e And military tribunals, for the trial Of thos
l. who are not in the military service, cannot be to
y soon abolished. The people never believed i
J. thsm in places where the courts were open, an
n they don't bellows in them now.
d II il be necessary to maintain military posse'
|. sion Of the rebel states in order to keep them
s the Union, we suppose i, must be done but tn
o present mixture Of civil and military rule in thos
o localities is worse than either would be ALONE
h One or the other should be dispensed with. The
a clnno, both be constitutional and legal.
y 10 brief the civil power Of the govsrnmer
n should be at once, and sharply and clearly, sep,
% rated from the military rule Each should
10 clothed with It's proper and constitutional power
10 and each should keep within its proper and we
: d,Gned boundlrie Aud if this is not done wher
l. it can be, not only safely but where there i,
70 reasonable excuse for lis not being done, ther
IT will be much reason for suppoting that the autho
h tiles at Washington fad arbitrary power aliose't
N er too convenient aud useful TO be readily resgn,t
The Poli% Of the South in the Coming Elec
= tons,
The Richmonl R,Dubiic An able papsr thong