Year: 1862

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Constitutional Powers of the Government.


Is there any power given in the Constitution
to emancipate the slaves, or to use them for
military purposes, as necessity of war? In
other words. TO save the country from the do
minion of rebellion, can the President rightful-
ly. lawfully and constitutionally proclaim free
dom to the slaves? One year ago, when con-
gressonal coniscation bills were talked of,
there were very few northern democrats who
did not admit, while denying the legislative
power of Congress to contiscate and free the
slaves, that the President, as commander-in-
chief of the army and navy, already had the
power to do anything with the slaves that mill
itary necessity might demand. 1t was not our
fortune to hear speech adverse to congress
sionat action upon this subject, during the dis
cussious of from six to twelve months ago, or
to read newspaper leader upon that side of
the question: that did not distinctly and en-
phaticaly enunciate the doctrine that, as
military necessity. the right to confscate, lib
crate and arm the slaves already resided in the
President, as commander-in-chief. The great
speech of Judge Thomas in the national house
of Representatives. speech published and
eulogized by both the Post and Courer,-yery
distinctly maintained this idea, and all the less
err speeches made in our legislature, adverse
to the so-caed national resolves" seemed
based upon the same proposition


But now that the President has seen and
reached the very necessity which they con-
templated, and has boldly proclaimed liberty
to the slaves in the persistent rebel States, as
war measure and to preserve the Union and
unnerve rebellion, his right to do so is ques-
toned and denied by the very school of men
who so lately defended that right. Though
such men as Theophilus Parsons, Joseph Holt,
and the majority of those of commanding legal
requirements, approve and defend the Presi-
dents right to do as he has done; though the
right to do SO has the emphatic sanction of no
less man than John Quincy Adams, yet we
fnd men every day,-men who never saw the
inside of a treaties on the law of nations, the
rights of bellgerents or the conduct of civil
lied warfare,-fippantly denying the consti-
tutional right of the President to move in the
direction he has taken.


We have introduced this matter at this time,
not for the purpose of discussing it,-for we
have no qualifications for such workout
that we may introduce the testimony of one
who was presumed in his day to know some
thing OF matters that he undertook to discuss.
1t is reasonable to suppose that the men who
framed the Constitution knew what degree of
power they were placing at the disposal of the
federal government 1t is equally reasonable
to suppose that cotemporary statesmen, who
opposed that Instrument, understood the
grounds oftheir opposition, and why they OPP
posed it. Now among the latter class we find
Patrick Henry, of Virginia, a statesman of
large experience, and who, through the stormy
days of aud preceding the Revolution, took a
full share of the responsibilities resting upon
the heads of the patriots. When the federal
constitution was brought before the legislative
assembly Of Virginia, for its ratification, Mr..
Henry being member took the lead in oppos-
ing it. Fortunately his speech on that occa-
sion has been preserved, so that we can see
what were the grounds of his opposition. The
great prominent objection which he urged for
refusal to ratify that instrument, was that it
gave to the general government the exact
powers which our modern democrats say are
not conferred by it. They being right, Mr.
Henry was wrong, and was guilty OF expend-
ing all his force against man ofstraw--a pow
er that had no existence. The following ex-
tract shows the view taken by tue great revo-
lutionist. Mr.. Henry said:


One Of the great objects of Government is
the national defense. The constitution gives
power TO the general government to provide
for the general defense, and the means must
be commensurate to the end. All the means
in the possession of the people must be. given
TO the Government which is entrusted with
the public defense. May Congress not saw
erery black man must fyhtf In the war of
the Revolution, Virginia passed an act Of as
sembly that every slave who would join the
army should be free. At some future time,
Congress will search the Constitution TO see if
they have not the power of manumission And
have they not, Sir? Have they not the power
to provide ior he general defense and welfare
May they not think these call for the abolition
oil slavery? May they not pronounce all slaves
free? aud will they not be warranted by that
power? The paper sperks to the point; then
hace the poa1er in clear, uRequirocat terms,
and will clearly and certainly exercise it.