Year: 1864

ton is the example Of General jackson at
New Orleans but he was not then Presi-
dent, but purely military officer and he
suspended the writ of heabeaS corpus only. |
in the city of New Orleans and in the inn
mediate vicinity Of the operations of the
army and only for the time necessary to
prepare for and fight the battle, and then
it was restored, and he submitted to and
paid the fine imposed by tho court, and
thus acknowledged tho supremacy of the
civil over the military authority under the
Constitution. And the American Congress,
alter period of many years, approved Of
his use of this war power, and confirmed


the Interpretation which | claim for the
Constitution by refunding to hip the fine


and its interest.


The Constitution provides "that the


privilege Of the writ Of ha6GaS corpus" shall


not be suspended, "unless when in cases Of


rebellion or invasion the public safety may


require it," This power is not among


those enumerated in the Constitution as be.


longing to the President, nor among those


granted by that instrument to Congress-


If this power belongs to the President as a


part of bis war power, then the Govern
| mcnt and the people and all their rights


are at his mercy and liable 10 share the


fate of all former republics. But if the ac-


tual commander of the army in the filed is


the person intended for the exercise Of this


power, he would have the opportunity Of


knowing when the operations of the army


were likely to pc interrupted By the civil


authority, and he could suspend the writ


without danger to tho liberties Of the peo


pie ; and if he should make an improper


use of the power and encroach upon the


Liberties OF the people without this necces-


sity, there would stand the President


armed with his war power and bound by


his oath to remove such officer and place O


safer and better man in his place, And


that, in my view, i, the limit of his legti


mate war power.


Nor have any of the Presidents of tht


United States, from the foundation Of tht


Government, taken upon themselves am
! of the responsibilities Of duties of com


mander in-chicf Of the army in the ielt
! until since the 4th day of March, A. d


1861. Since that time new interpreta
ton has been given to the Presidents wal


power.


This power was gwen TO the Presidcn
? that he might deleAd himself and the dig
nifty Of his Office, and that he might hav


power to maintain the supremacy Of th
3 civil over the military power of the coun
try, that he might ''preserve, protect, ant
, defend The Constitution" that he might Sc
: cure to the people the elective franchise
. free from military interference, and +
every citizen of this broad land the righ
8 of trial by jury of his equals, and
l above all other rights, to protect the peo


pie from the suspension of the writ Of ha
" beas corpus by his military commanders
excepting in cases "when the public safe
. ty' might require the suspension. Thi
q new Interpretation makes the war power 0
i the President q weapon for the overthrow
o and destruction Of the very power right
: which it was placed in his hands to pro
S tect and defend from the assaults and usur
}. pations of the military power The liber
: ties of tho people and the perpetulty c


our form Of Government cannot be pre-
q served under any such Interpretation q
Y this war power Of the President, and tn
d proof of this position is written in the his
e tory of this country during the past thre
years.


Il Look moment n. this history, marke
Q and bloody with the record of blum
3 ders occasioned by this new interpreta
d ton of the Presidents war power
n 1t was from this city and from this pow
$ er emanated the cry Of "On Il
t Kichmond!" that ended in the disgrace
e full defeat at Bull Run, and sent our arm
t back to this city a disorganized and
: dangerous mob. 1t was the controlin
# influence of this power in the hands OF tn
o President that dcsposed OF our forces an
!. led to our defeat at the battle of Fair Oak
d and the seven days fighting in front {
d Richmond. And when Burnside aske
= that he might not fight the battle of FREQ
If ericksburg, bis orders from our Commar
n der-in- Chief were to fight the battle, an
: thousands of our best and bravest me
If were left heaped up dead upon that ur
/, fortunate field, sacrificed to the mlitar
5 ambition of q mere civilian, in his attdmI
C to be the Commander in Chief of the a.
o my, and one hundred thousand widow
= and orphans are to-day hcapiDg curses VI
Il on his head for thus attempting to use
70 power that was placed in his hands for
/ different purpose. Whom we look throug
y this history We cannot fail to see enoue
e to make us doubt the Interpretation th
d places this war power in the President
l. control our generals in the field, embarra
l. our armies, and sacrifice our soldiers.
l. must have been placed there for diffe
N ent purpose. The assumption of this WI
t, power has made the Army of the Potam
10 almost worthless in this war; and il no
III remains to be seen whether General Ora
% will be permitted to command that arm
IN or whether the disappoinlments and di
at grace of his predecessors await him. Th
in power proved the disgrace of Pope al
at Burnside, and tue sacrifice and removal
is Mcclellan If the President beliey,
20 Mcclellan incompetent for his position,
rs dangerous to the liberties of the peop
nj ar la HE IN apcroach uunn the Gonstit