Year: 1862

mandcr-i in chief Of the army and navy


use powers not delegated to the Unite


States by the Constitution; or may us


powers by the Constitution exclusivel
/ delegated, to the legislative and judicia


departments Of the Government Thcs


things have been already done, so far a


the proclamation and orders Of the Pres


ident can effect them.


It's obvious that ifno private citizen i


protected in his liberty by the safe -guard


thrown around him by the express pro


visions of the Constitution, but each an


all of those safe guards may be disreguard


ed, to subject him to military arrest


upon the report Of some deputy proves


marshal, and Imprisonment at the pleasur


of the President, and trial before a mill


tary commission, end punishment at it


discretion, because the President is o


opinion that srch proceedings may "bes


subdue the enemy" then all members o


either House of Congress and every ju


dicial officer is liable to be proceeded
against as "disloyal person." by ;hC
same means and in the same way. Sc


that, under this assumption concerning
the implied powers of the President a,
commander. in chief in time OF war, il


the President shall be Of opinion that the


arrest, incarceration, and trial before q
military commission of judge Of the
United States, for some judicial decision
or of one or more members of either


House Of Congress for words spoken in
debate is ga measure which may best
subdue the enemy" there is then con.
ierred upon him by the Constitution the
rightful power so to proceed against such
judicial or legislative officer.


This power is certainly not found in
any express grant of power made by
the Constitution to the President, moi
even in any delegation Of power made
by the Constitution Of the States to any
department of the Government. 1t is
claimed to be found solely in the fac


that he is the commander chief OF its
army and navy, charged with the duty o


subdung the enemy. And to this end


as he understands it, he is charged will
the duty of using, not only those great
and ample powers which the Constitution
and laws, and the self devotion of the
people in executing them, have placed in
his hands, but charged with the duty OF
using powers which the people have re-
served to the States, or to themselves f.;
and is permitted to break down those
great Constitutional safe guards OF the
partition ofgovernmental powers, and the
immunity of the citizens from mere ex-
ecutivc control which are at once both
the end and the means of free government.


The necessary result of this interpre-
tation of the Constitution is that in time
of war, the President has any and all
power which he may deem it necessary
to subdue the enemy: and that every pri-
vate and personal right of individual Sc
security against mere executive control,
and every right reserved to the States, or
to the people. rests merely upon military
discretion.


But the military power of the Presi-
dent is derived solely from the Constitu
tion and it is as sufficiently defined there
as his purely civil power. These are its
words "rhe President shall be com
mander.in chief of the army and navy of
the United States, and of the militia Of
the several States, when called into the
actual service of the United States"


This is his military power He is the
General-in-chief; and as such, in prosecu-
ting war, may do what Generals in
the field are allowed to do within the
sphere of their actual operations, in Sub
ordination to the lars Of Meir country,
from aOhich they derive their authoritv


When the Constitution says that the
President shall be commander-in-ch chief of
the army and navy of the United States
and of the militia of the several States,
when called into actual service of the Un-
tied States, does it mean that he shall
possess military power and command
ooer all citizens ofMe United States; that,
by military edicts, he may control all cit-
zens, as if enlisted in the army or navy,
Or in the militia called into the actual SER
vice Of the United States? Does it mean
hat he may make himself legislator,
md enact penal laws, governing the citi-
zens of the United States, and erect tri
ounals, and create officers to enforce his
penal edcts upon citizens Does it
mean that he may, by prospective exc
,utive decree, repeal and annual the laws
,f the several States, which respect sub
ects reserved by the Constitution for the
exclusive action of the States and the peo
Die? The President is the commanderin-
,hief of the army and navy, not only by
orce of the Constitution, but under and
subject to the Constitution, and to every
therein contained, and its every
aw enacted by its authority, as complete
y and clearly as the private in his ranks.


He is General in. chief; but can Gen
raj, in chief disoJey any lar Of lis own
ount,y? When he can, he superadds to
lis rights as commander, the POwerS of
IN unsurper; and that is a military deS
,otism. In the noise Of arms have we be-
ome deaf to the warning voices of our
athers, to take care that the military sha
lways be subservient to the civil powers?
instead of listening to these voices, some
PERSONS now seem to think that this is
nough to silence objection, to say, true
nough, there is no civil right to do this
N that, but it is military act. They
Gem to have forgotten that every military
.ct is to be tested by the Constitution
nd laws of the country under whose au-
hority it is done. And, that under the
and laws of the United
,tates, no more than under the Govern
nent of Great Britain, or under any free