Year: 1862

, President now are. And what would b
1 thought by the American people Of al
g attempt by General in chief TO legis
y late by his DEGREES for the people and 70
j the States


c Besides, all the powers Of the Presidcn
$ arc executive merely. lie canno, max
= law. lie cannot repeal one. He cal


only execute the laws. He can nethe
$ make, nor suspend nor alter them. II
S cannot even make an article Of war. II
may govern the army either by general o
l special orders, but only in subordinate
to the Constitution and laws Of the Uni
5 ted States, and the articles Of war enact
ed by the legislative power.


: The time has come when the people 0
the United States must understand an
must apply those great rules Of civil lib
erty which have been arrived at by tn
self devoted efforts Of thought and action
OF their ancestors, during seven hundre,


years Of struggle against arbitrary power


II they fail to understand and apply them


II they fail to hold every branch of their


Government steadily to them, who can


Imagine what is to come out Of this des.


perate Struggle? The military power OF


eleven Of these States being DESTROYED;


what then? What is to be their condi.


tion? What is to be our condition?


Are the great principles Of free Gov
ernment to be used and consumed as


means of war? Are we not wise enough


and strong enough to carry on this war


to successful military end without sub


mitting to the loss of any one great prin-


ciple of liberty ? We are strong enough.


We are rise enough, if the people and


their servants will but understand and


observe the Just limits Of military power.


What, then, are those limits They


are these. There is military law; there


is martial law. Military law is that sys.


TEN Of laws enacted by the legislative


power for the Government Of the army


and navy of the United States, and o


the militia when called into the aetna
service of the United States. 1t has ne


control whatever over any person or any


property of any citizen. 1t would no


even apply to the teamsters of an army


save by force Of the express provisions o.


the laws of Congress, making such persons


amenable thereto. The persons and the


property of private citizens Of the Uni
ted States are as absolutely exempted
from the control of military law as they
are exempted from the control of the
laws Of Great Britain.


But there is also martial lar. What
is it? 1t is the will Ct military com
mander operating, without any restraint
save his judgement, upon the lives, upon
the property, upon the entire social and
individual condition of all over whom
the law extends. But, under he Con


stitution of the United States. oper uhom
toes SucA i0aC extend


Will any one be bold enough to say
in view of the history of our ancestors
and ourselves, that the President Of the
United States can extend such law as that
over the entire country, or over any defined
geographical part thereof, save in connec-
ton with some particular military opera
tlons which he is carrying on there? Since
Charles ]. lost his head, there has been no
king in England who could make such a
law in that realm. And where is there to
be found in our history or our constitutions
either state or national, any warrant for
saying that President of thi United
States has been empowered by the Con.
stitution to extend martial law over the
whole country, and to subject, thereby,
to his military power every right Of every
citizen He has no such authority.


In time Of wal, military commander, |
whether he be the COMMANDMENTS Chief
or one Of his subordinates, must possess
and exercise powers, both over the per-
sons and the property of citizens, which
do not exist in time of peace. But he
possesses and exercises such powers not
IN spite Of the Constitution and lars of the
United States or in dreogation from Meir
authority, but in virtue thereof and IN strict
snJordination thereto. The General who
moves his army over private property in
the course of his operations in the field,
or who impresses into the public service
means OF transportation or subsistence, to
enable him to act against the enemy, or
who seizes persons within hi, line as spies,
or destroys supplies in immediate danger
of falling into the hands of the enemy, !
uses authority unknown in the Constitu.
on and laws of the United States in time
OF peace; but not unknown to that Cousti-
tuition and those laws in time of war. The
power to declare war includes the pow
er to use the customary and necessary
means effectually to carry it on. AS Con-
gress may institute a state Of war, it may
Iegislate into existence and place under
executive control the means for its pros
ecution.


And, in time of war, without any special
legislation. not the Commander in Chief
only, but every commander OF an eXpe-
liton or of a military post, is lawfully
by the Constitution and laws
Of the United States to do whatever is
necessary, and is sanctioned by the laws
of war, to accomplish the lawful objects
of his command But it is obvious that |
this implied authority must find early {
limits somewhere. If it were admitted
that commanding General in the field
might DO whatever in his discretion might {
De necessary to subdue the enemy, he {
could levy contributions to pay his sol
Hers he could force conscripts into his
service; he could drive out of the entire {
country all persons not desirous to aid
lim-in short, he would be the absolute !
master Of the country for the time being, ,


No one has ever supposel-no one will ,
low undertake to maintain-that the ,
( =, -, Ch;of IN tip,o ,f ]