Year: 1863

i, tion of an element in the Constitution
. for the destruction Of the Union In
their glowing visions of futurity, there
was no foreshadowing of period when


the people of large geographical section
would be guilty of the madness aud the


crime of arrayiug themselves in rebellion


against Government, under whose mild


and bcnignant sway there was so much


ofhopc and promise for the coming ages.


We need not be surprised, therefore,


that, in the organic law Which they gave


us they made no specific provision for


such lamentable occurrence. They


did, however, distinctly contemplate the


possibility of foreign war, and vested in


Congress the power to declare its exist


ence, and to ''raise and support armies"


and "provide and maintain navy


They were aware that the grant of those


powers implied all other powers neccssa-


ry to give them full effect. They also


declared that the President of the Unit


ed States "shall be Commander in Chief


of the army and navy, and Of the militia


of the several States, when called into


actual SERVICE" and they placed upon


him the solemn obligation ''to take care


that the laws be faithfully executed -


Under this last named provision, and in


reference to local rebellion, in which


the laws of the Union were obstructcd,


the act of the 2Sth Of February, 1705,


was passed, providing, in substance, that


whenever in any State the civil author-


ties of the Union were unable to euforcc


the laws, the President shall be empow-


cred to call out such military force as


might be necessary for the emergency


Fortunately for the country, this law


was in force when several States of the


Union repudiated their allegiance to the


Nationa! Government, and placed them
selves in armed rebellion against it, 1t
! was sufficiently comprehensive in its


terms to meet such an occurrence, al
though it was not a case within the con.


temptation Of Congress when the law was
enacted. 1t was under this statute that
the President issued his proclamation of
the 10th of April, 1861. From that
time the country has been in a state of
war, the history and progress of which
are familiar to all More than two years
have elapsed, during which the treasure
OF the nation has been lavishly contribu-
ted, and blood has freely flowed, and this
formidable rebellion is not yet subdued.
The energies of the loyal people of the
Union are to be put to further trials,
and in all probability the enemy is yet to
be encountered on many bloody field


1t is not to be disguised that our coun-
try Is in imminent peril, and that the
crisis demands of every American citizen
hearty support of all proper means for
the restoration Of the Union, and the
return of an honorable peac.. Those
placed by the people at the head of the |
Government, are earnestly and sincerely |
devoted to its preservation and pcrpe,ui.
ty. The President may not be the man
of our choice, and the measures of his
Administration may not be such as all
can fully approve But these are minor
considerations, and can absolvc no man
from the paramount obligation of lending
his aid for the salvation of his country,
AL! should feel that no evil they can be
called on to endure as the result of war
is comparable with the subvcrsion Of our
chosen Government, and the horrors
which must follow from such catastro.
pbe.


*


Gen. Burnside is the representative
and agent of the President, within the
limits of this Department. In time of
war, the President is not above the Con.
stitution, but derives his power expressly
from the provision of that instrument,
declaring that he shall be Commander.
in Chief of the Army and Navy. The
Constitution does not specify the pow
ers he may rightfully exercise in this
character nor are they defined by les;s.
lation, however, that the President. in
'A's eh".a> t~., 10 i.-oetel -:.h -e-, III
powers, which it is we'll known have been
exercised on various occasions during
the present rebellion. A memorable ia.
stance OF its exercise is seen in the
Proclamation issued by the
President as Communicating Chief, and
which he justifies as military necessity. ,
1t is, perhaps, not easy to define what
acts are properly within this designation,
but they must undoubtedly be limited to (
such as are deemed essential to the pro. {
lection and preservation of the Govern (
ment and the Constitution, which the
President has sworn to support and dc. !
tend. Anc in deciding what he may |
rghtfully do under this power, where
there IS no express legislative declaration, s
the President is guided solely by his own
judgment and discretion, and is only s
amendablc for an abuse of his authority +
by impeachment, prosecuted according to
the requirement of the Constitution. - t
The occasion which calls for the exercise ,
Of this power exists only from the neces. {
sity of the case and when the necessity I
exists, there is clear justification of the q
act. ,


Ii this view cf the power of the Pres !
ldent is correct, it undoubtedly imnlies {