Year: 1862

During War.


Is the Constitution suspended during
war? That is the question. If it is not,
than there exists no power in the Prcs
dent to abrogate constitutional rights or
cxpunge State laws. Many who profess
to be loyal men, and to have closely
studied the Constitution, gravcly assert
that what they term military necesitys in
time of war is superior to all civil law.
The conduct OF Gen. Jackson at New
Orleans is cited as precedent The en-
tire proceedings in connection with his
declaration of martial law,-his arrest,
trial, aud payment of the fine imposed,
prove conclusively that in his opinion
his declaration Of martial law was illegal
and could only be justified by the neceSsi.
IN the circumstances attending IT. lie
never claimed to be acting under the Con
stitution or in accordance with law, but
frankly acknowledged The proceedings to
be in contravention of both.


But even did the Constitution admit
the declaration of martial law in particu-
lar localities in times Of fearful peril, will
it be claimed that it can be extended over
a whole country? What is martial law
but the substitution of military over civil
authority? If it can be extended over
the whole country, cannot Congress be
forbidden to meet and legislate, and can
not every department Of government,
State and National, be set aside by sim
pie proclamation from the President, and
continue suspended at his will ? Under
this doctrine the President-not the Con-
stitution or the several departments of
government organized under its authori.
ty-is supreme. This military authority
and military necessity, of which we hear
so much, is either limitless or it is re-
strcted If it be unlimited in its power
during the war, .hcn the President as
Commander in Chief is Emperor. His
DEGREES are absolute. II it is restricted,
where shall we look for the bound of its
authority? In the Constitution a? Is
there any authority in this Government
elsewhere ? 1t is said the Constitution
does not provide for the mode in which
war shall be conducted that our armies
appropriate private property to public
use--that spies are hung, deserters shot,
suspected traitors arrested, and the free
dom of the press muzzled, by military
authority, justified by necessity, all Of
which would be unlawful in time Of peace.
Congress has the power by the Consti-
tuition "to declare war; and to make
rules for the Government end regulation of
the land and navdt torces." Under the
provisions of the Constitution, the entire
disposal of ourarmies is under Congress.
1t must provide for the incl ease or de-
crease and payment of our armies, and,
if it chooses SO to do, can direct the plan
and purpose of campaign, and the
President, as Commander-inC Chief of the
army, is under its direction.


The power thus conferred, Congress
has not, so far as conducting q campaign
is concerned. seen proper to exercise but
it is unquestionable that the war making
power is vested in Congress- and the
President is simply the executive of its
will. If Congress should direct the
withdrawal of the troops from partic-
ular State or Territory, or their advance
therein, the President would not be at
liberty to disobey the command. That
the details of campaign are left to the
President and his military subordinates
is for the simple reason that there must
be concentration of authority as well as
of troops to successfully conduct war,
Congress has power to "grant letters oil
marque and reprisal and makes rules con-
cerning captures on land and water Its
authority is complete, in whole and in
part, to make, conduct, and close war,
for the President cannot conclude treaty
o! peace without the concurrence of two
thirds of the Senators present.


Where, then, is the military necessity
than can override the Constitution 2
Where does the President get his author
ity to subvert the organic law by sim
pie proclamation War is to be con-
Quoted according to the rules of war, and
Congress is to provide by law the rules
for the Government and regulation of the
land andsnaval forces" Under this pro-
vision, can it provide by law for the sub
version of the Constitution, because one
State or dozen States ave in rebellion ?
Under the plea of maintaining the Gov
ernment, can it overthrow it? In war
and in peace the Constitution is supreme.
| 1t is as much so in civil war as in for
eign one. Military arrests and execu-
tions are in accordance with army regu-
latons, but when it is claimed that the
possession of a commission and pair of
shoulder straps conferes upon the owner
the right to arrest, punish and execute
citizens who are not in the army, we may
well inquire what despotism will next be
advocated and justified When it is
claimed that the existence Of war con-
fers upon the President the power to
strike from existence the Constitution
and laws of eleven States of this Union,
override the Constitution of the general
Government, and prescribe the social
condition of twelve millions of people,
is it not time to ask if the Nation is
drunk or insane p Wicago Times.