The Montrose Democrat. (Montrose, Pa.) 1849-1876, November 18, 1862, Image 1

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THE ift*Tlt,o6l' liI4OCRAT.
,Tar.Nis.---$1,5 . 0 per annum in,nva..xca ;,
otherwise $2 Will - bei charged—and dfty anat. per annum
aided to arteant2en , at the option of thp - Pabliiiher, to pay
azpensoof ailletition. tin:: ADVANCE payment preferred.
AOriarisamarrs_will be inSerted it:the
rate of $1 per aquare,Of ten flare eilemlorthr,firet three
Pinta, suidir, cents for eactypiditlettal week—pay &rile.'
Merchants; and others, who advertise by
tjle year, will be charged at the following rate., viz.;
Pot was square, or (coo, one year, trithehaitgei.
Each addition* apart, at the rate qf
No croditglOett except to those or ktimr4 resporaNdlity.,
"%SALER in Dry Goode. Grocerics. , t mbrtllas, Yankee
jJ Notions, Hoots. and Shoe's, t Shovcls mud F o rk ! ,
'Stone Were, Wiyoden Vilteo and Broome. Head of Navi
gation, Putdie Avenue.
Montroee, Pa., May 18, 1868.-Iy,
%ix. nukrrxtu coorm
W3L li. COOPER S Ct).;
41ANKERS,—N,miruse, Pa. SileceNtnrist'n Poet. COON ,
4.(30. °Mee, Lst.loops'acv , building,-Tuppike•st.
31cCOLLUDI' $ t- SEARLE, .
A SVOlLiftrd and Conneellorr at Lato,-14cmtme,Pa.
4.1 Othce In t.othrope' new twildiny, over the Bank •
Mechanical and Surgical Dentl,t, recently of I:thigh's:igen,
N Y. tender their professional senices to all' who appre
ziate the ** Refortned Practice! of Phpsice.' 'eareftil and
sgillful openttlens on Teeth with the moht,icientlflc and
approved styles of platoieork. Teeth e6traetit without
Da 111 and all work warranted: • • • .-
Jackson. Jimd 14th, 1:41, .
DR. H. sMltli &
ETtG EON DEN TlgTS,—Alordrose..
100111er in Lathrop.' new building. , neer
the Rank. All Dental • operations , as 4,,,,
performed in good style and warranted.. • ,
d.. C, 01.745TE..5.D. J 1.. READ.
T 0 ti.D. L
.NNN()UNCE to the I.ubli
lOW. they have entered Into - a partnership for the
Practice-4 MEDPINE & Surery.
and are prepared to attend to all calls in the linelof their
profe.slon. Mice—the one formerly occupied by Dr. J.V.
Olmstead. in DENDAPK '
JOHN sAtn - rr.:ll, L .
chop - -
ri vgITIONABI.t TAILOTti-Montrope, 'PE N.
.I.' nvPr I. N'. Ilnllntd - o iltrocety. on Itahnstreet. l'
thunktnl For pa, , t favors. he eolicli* a continnanke
—pledging him s elf to do all trork-"Fatlaractoribi. Cut. 'l.
t in ld e d n o t o s ‘ o in . _P k a o J t
unlYt lt h an S d 6 wo.—n ted totit.. v.
- ..P. LINES, • i :
VASITIONABI.E TAlLOR.—llontmce. N.: Shop
1 in florid.% Binck, over store of Rend. Wntrour ;
.IIF Foster. MI wort: warranted, no to tit and finivoli.
Cutting done on ',bort notice, - nebtod.rtyle. Jon 'lr4
- • 301.1 S - GLOVES;
S.S'IITON'ATSLE TA.luitr..-3trintrose. Ps.' Shop
noar the Iltptipt Meethic Bowe. on Turtijoike
treet. Ail orders tilled promptiv.gin first-rite
Coifing done on short notice. nod warranted to Lt_
IRPAIRS Clocks . Witthint. and .TeaTtry at the
. shortest notice. end on reasonable terms. .111
work warranted. Shop in Chandler andAroinp'.
)tuNTiket,i. va. tr 'oc2s It
-WM. W. ,Sirri4 tis
of }train otretl. Mont now, Pa. ang tf
A r ANUFACTI REP.. of It 09 TS <l. 811018, ltlontrope,
VS Pa. Shop over Tyke,. more. All kid of work
made to order. and repalrluu done neatl:r. - Jul •y •
_ .. _
. I) l .. l o.(:';' l) ., r iZre'. l l::;l l :`,t i .".' illi, ,r . t
..7 1 7:,1 4 . 1 1;':\ ' ‘ E t e . -.
d,...- Wu., 4...iroreriee. Fau..y Goode, Jewelry. Perne
r .ory. te:—Azent for all thr mint popular PATENT '
al EhlClNES.—llitntrose,.Pa. . . nog II
I)AX ID O. AN EY, M. P.,
Tr %VINO located permanently at New ?dlifard.
A - twill attend pro raptly to all cane with which be may
he favored. °Mee at. Todd.' 11,3te1.
New Milford. July.lT, 1..561
OF YALE.COLLEOE. have formed a .copartlicrvhlp
for the practice of Medicine andloirgery.andarr prepared
to ati.old to all liii4lne,s faithfully and nuncio/illy. tint'
may he I ntruated• to their can; on terms cymineneurate
with the time-. •
a'nd deforinitira or the . EYE, anrgical opera-,
bona. and all aurzirid r wia ,wirtirntaily att ended to.
;..afrotlace over Welvii'a Store. Ofhee hour' , from ha.
at. to 9 p: m. All aorta of country. produce lakeifln pay
ment:at the hlntimit vain*. and CASU tiaenizirtialtri.
Moutroile, Pa., May ith..lB92,—tpf
ir..e.avxc="n ivcrri-corals
t NEW .MILFORD.„P.4..-
P. - E. BRUSH, :M.,D.,
111 attin) to the. lodes of hie prdfesiiou ptomptly.
Office at d. Latbrortia natitl. •
Cswab: Paid for 33ltidoel6l
ti auep Oelti, Fos. Minh, Muskrat.'nud .ull kinds ofi
Fara, ..„„d a.,,,ortment of 1. - anther and Roots andi
Shoes eons - Cantly•on.hand. Office, Tannery, d Shop on
lain Street.
Man trJse, Feb.Gtli
Has gitablis4ed an Agency in iaontroser;
The Old& Iran timer Cn. iii the Mann.
.. .. , .
rrm E rate* are solute an tho•e of any goodironpttny in:
.1 New York. or eliwwhere. and its Bireetore are Amnon ,
the tarot for boner and integrity. , .
Cit Antra PLATT. See y. . ARTIIIII G. COFFIN. Prep. ,
. iluntro•e, J illy 1.52 , 42 4 . BILLINGS STROBD; Ag't.
NE 3WII ~. 2 `- -
, ' • .• ' - .i
. ..
INSURAN i ''i 0 Mt A.N.Y
or Nicivcr.elrarls..
488E1T8 Ist July' 1860, 51,481,810.27..
I.IB,3IISTIMS. " " 43,06848.
I. Milton srnith.EkWT. C.haf.J,Mitrtin..Presideny
Johe, McGee, Ae't " A. F. Wiltinitth, Vice t•
_ . .
Polk.leg hauled andienewed. try the anderilgaed. at Oil
attic, 'One dour abutiesJaarleci.tafet..Mairtrala. Pa.
aQ V 25 _y _ sluotp, _Arm. .;
, - Alf. . , a immr:- 1 - my' V - . 7
[l(l,4Ju llg st received a large stuck of 'new Stoves: for
' COUki. Parlor. Mee iiiid Shoistairpoews.forWoal
or al. with Stove Pipe. Zinc. &c.
. llisawsortment I. select and desirable; and will ,be sold
on Me most favorable Luria. fur Cask. of IV ProylPt SiZ
ifon l / 4 4 Buyers: ,
Now 'Milford. Oct. 115th., ldfn., , • • .
~. , t-
VITIITTED=A reopertiblenervin of either ,en - in
TT - every uel a tiborhood to *ell J. 11. Stafford's OUTS.Y.
Ten, and aim) J. R. Stafford'oinoa...:ANn Stmentm Pow,
vans. Olive Tar la a thin, traniparett Held; it la the
belt, remedy known for diaeaees of the throat. lung,. or
Catarrh. Also for diphtheria. Orono. Whooping Coeh
±e.. Mr Iron and Sulphur Powder* atrcurt,i,eu th e s ys;
tert4 aid the diguAtiort, and purify the bleed, hare it
elateen page . pamphlet containing (Ulf explanation*: and
over one hundred tettimonial* from welt known prothi
nent.peratiee, which I will seto any free bv mall.
It. ST AFFO RD.A Chemiat;
Ji23o—lys . -442 Broadarly. N. Y.
Dandelion Coffee.. -
. mtv:bike pgend thh , Coitte r
.14., make as much twepoundt valet Corm. Pbr
dale . • ABEL TratigtZWl
sita,by MO Barrel, Sack or Pound. , ;
latistragsr , 'panic; Or THE
• .
• • nisrDENT
AZLE Ormias or. JUDGE Clams.
i-We.make' the following extract from a
recent pamphlet, Written by the Hon: Ben. ,
jamin lip Curtis, of Boston, late fudge of
the United 'Stater .Supreme , Court, and !
'the-distinguished author - of the • masterly
dissentipg opinion im the Dred Scott ease
i i • c cis was so much praised by the.Reputi-
T.fie . ProclsmatiOn of Emancipation, .- if
taken to mean whariii terms - it - asserts, is
an executive decree that on the .first day
of JanneiT next - all personslield as slaves,
witbiu'euch States or parts of States, us
Shall then be designatcd,• shall. cease 'to
be lawfuni held to service; and-may, :by
their own efforts and with, tfio aid: of - the
suilitarypower of the .United States; -viii=
dicate their lawful riklits to their personr.l
niturr Diut-Wzn.
•; ;The persons whoare thesubjeets to this
proclamation are. held to service. by the
laws of the respective States in which they
reside,- 'matted by Suite authority,as clear
mid :unquestionable,. tinder:our system of,
-government, as any laW passed by any
State op any •su
.This proclamation, then,. I)._y fin • exec*.
tive . deciev, proposes to repeal-and - annul
valid State laws which regulate thedotnes
tic relations oftheir people. Stith is the.',
mode of oponition of the decree.
.The next observable chracteristic is
that this executive-decree holds Out this
proposed repeal of state laws as a • threat-1
.cued penalty for the tiontinuance of egos , - :!
erning majority . of the people of each
state, or part of a state, in rebellion against
the United States. So that the President
hereby assumes to himself .the power
. to
. oo T zice it as a punishment against the
entire petTple ofa State, that the valid laws
iit"thar State, which .regulae the domestic
conditions of its - inbabitants, shall. become
MA and void, at a certain future date,. by
reason of the criminal conduct of - a gov
erning majority of its people.
This penalty bOwever it should be oh-
Served, is not tote inflicted on those per- .
Sons who have been 'guilty of treason. The
freedom of their slaves was already pr,tt
vided for by the . act of Congress , reeited m
a subsequent,-part of the proelanation. I s t
I not, therefore as a punOinient of guilty
'persons that the . 'l.-tantnnoder-itt-ciiiel. de-;
cress- the freedom tf slaves •a loyal per
sons, or - of those rho,. from their tender
years or other. disability, cannot- be either
.disloyal or otherwise,\ tlEiat the proelama
thin is to operate, if at a 1 .1,; and it is - to op-
eralie-to set them free, in spite of the v:d:
id laws of their States, because a majority
Of the legal voters' do not scud representa
tire?. to Congtess. - •
Now it is easy_ to underitand how.per
sons.held to tiervice . atider _the stns. of t
these StateS, Mid how the tinny and navy,l
under the orders of .the tresident, may ;
overturn these'valid laws of the States, I
as it is easy that any law may be lin
luAd by pkyaiorl force. But IdO not under
stand it to be the purpose of the Presi
dent to incite- a part of the inhabitants of
the United States to rise in insurrection
aoldust valid laws but that, by virtue of
sonic flower which lie possesesbe proposes
to_amittl thotselaws, so that they are no
' longer to haye any operation: .
:The second proclamation and the orders ,
of the Secretary of 'War which follow it,
place every citizen of the United States
under the direct military command and
control, of the President. They declare
and define new - offenses, not. known - to any
law, of the :United States. - They subject
alreitizenS to be imprisoned under a mili
tary order at the pleasure,onthe President,.
'when, where, and so long as be, or who
ever' is acting . for. him, may choose.--
They hold the citizens to trial before,. a
Commission appointed by the - President,
or. his representative, for 'such acts of
omissions alt the'President may think prop
er to. decree to be' offensive; - and they
subject him to such , puniShutent its sock
military cotninission may be pleased to in- .
diet.. They I create new office., in such
number, and whos e Ocenpanis are to
eeive suelleinpensations as the President
May direct; and the holders of theseoflices
scattered through the States, but with one
chief inquisitor at Washington, are to in
spect and report upon heloyalty of
citizens, with a view to the above describ
ed proceedings against them; when deem
ed .imitable. by, the central, authority. , -
Such is 'the plain and accurate state
ment of the and eXtetkof the pow
ers assorted iii obese executive proclama
tions. ". .
A. P. J: L. e. XEE.E.n
- What Ls the SOUree of these vast pow
ers Y. Have they any limit'?Are•they . di
videi from . , or are they utterly ineensist
pot with the - Constitution of the tinted
State - Bi' • --- •
The.only supposed source or measure of,,
.powers appears to have been I
designated by the President,
‘ in his - reply
to . I lie address ofihe Chit.mge clergymen,. !
in the tellOWilig Words :' Understand, I
I raise no objections to ivon ,legal- or un-!
constitutional 'grounds ';' for, of eontrnand-!
Er-in:thief .of the army and lai4, in.: time of i
soar i Ottppoite i imam a •tiota- to [Oki • tray '
tnectsarr which you heat ttufeltre the enemy." I
This ig a clear and frank declaration of the
President 'respeetiiigjk.e ori 1., , in, an d extent !
of the..power lie-supfiosesiiiniself to pos , :
secs; and - so thr as I know, no source of
Atqw;Poori's ftlite_r aunt the;outkority. of corn=
rnonder-in-cA.ief eit time of lour luta' ever beeii ; I
sitoraled. ; ' • . • I
'There tas heenintielrdiscassion conger- 1
ning •the restion' whether, the power to ;
susPeiid• - t e "privilege of - theivrit of hob-
tux corpus" is conferred by the . Constitu
tion oil &ingress ofOn the President. The :
only judicial decisions- which hive been — ,
made upon this question have been adverse
.to the power of the President.. Still, - very?
' able lawyers have endeavored•to•mainthin.
Hliperhaps to the satisfaction of others.--
a,vepower td Maintained; that the . dep-.
.rit4; aparticular,persim of the privilege of
i the writ !teen
,exectitive power: . For while
it has beengenerallY,andoo far as ;kiwi.
universally admitted,-that Corig,ress alone
can suspend a, law or render' it nuoperativ,
and eonsetpiently that`Congret'sii idolie, tan,
. prohibit the es:Arts - fee& , issuing the writ,
4 ! yet that'theeteentiVe.Might,in piiitibuiaf
I cases, susPefid or deny the privilege that'
k _ •
• , : .
. .
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-no -=•t'arty that•- , Does •not, - • • -tie. -„ and leep• - )stek• -to the- Idusio.' of :''the Whole . Union. , !!! , er.d.4!
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TO - L• 1.9.1 ~ -•.- . • • .
• - •
' '.. • :MONTROSE,.,PA., ~ESP4Y, NOV. 18; 1862..-- ~• ••• -..-.• . - - •,, --- - :--; , .--.. , ...1..N0 i-46.
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'the Writ was intended to" secure. lam
not aw*re that any 'one has at tempted to'
show thattnder this grant :of power to
suspend . the privilege of the writ,the Pres•
ident 'nay annul the :lath; of States, create
new offentes unknowittd the laws of the
'United States; erect , militartcoininisaions
1 to try arid'Ounilli them, and by' a
i sweeping decree, Suspend the writ of ha-•
bens corpus ,as a Allrperson whg shall be
- 1 arrested -:by 'AN Ynult rrautliority."
I think he Would-make a More bold than
[ 4
Wise experiment. an'' the. credulity _ ()file
I peo ple. ho should :tittempt• to . convince
i them that this power isle be fotind in: the
habene corpus clause of . the. Constitution.
i No such attempt has been, and I think
i -none such •-will •be Made.: And.therefore,l
repent, that no other source;of thispower
I lies VIXIM beest:suggisted, save that described
I by the President himself,. as belonging to
him as the cotninander-in-chW. ; ~ .
I• - • It meet , be obvious to theimeanest capa
city that, if the•Protitle.nt of the United
States has an implied constitution:it right,
les commander-in chief of. the army: and
I navy,iii; time of war,to disregard •any:one
positive prohibition of the C,onititution,
i or to exercise any one power not delega
l'ted to the tinted States by the Constitu-
I tion, because, in; his• judgment,' lie may
I thereby ~ , ,best subdue the enemy,"- he has
Ithe same, right, for the. 'setae reason,.to
disregard. each and every' provision of the
•1 constitution, and to exercise- alt . power
V needful in his opinion, to enable bite ribest
to subdue the enemy." , • . . - . ..• •
; It. has never been doubted . that the pow
-1 er to abolish shivery within the states was
i not delegated - to the United Statei,by •the
I Constitution, but was, reserved to • the
States.. If the 'President, as commander
-1 in-chief of the' army and navyAiitime of
I war,. 1314, by an executive decree; exer
i cise this•power to abolish slavery •-in . the
I States, which power was reserved to the
j States,:because he is of opinion that .he
I _may ius ‘, best subdue the enemy," what
I other poWer, resolved to •the,States or to
I:the people, may not beexercised by: the
•I President, for.the same reasoni,that he-is
i of imittion.hemay thus best subdue the
enemy" And if so, what distinction can
i *elide bet ween powers not delegated to
the. United States at,ali, andpowers which.
, though thus delegated, arc ; conferred, by
; the Constitution 'upon some department
Of government other than the Ercutive.
The pros. of Sept..b.,4 ; 1862, and-the ordars
Of the 'War Department„, intended to ear
, q it into parctical effect, • are, manifest
' assump tio ns by the ,Presi i dent of powers
1 -1 -
delegated to .the Cougrdss and to the
•,- • - #
judicial department of thc. Government.
It is a clear-and undoubted - prerogative, of
; Congress alone, to detiife lla deffenses, and
1 to affix to .each some apprepriate 'and
Inot ernal or untisual pipiisliment ' lint.
. this er.... 1 ---e-"•—‘ ...i•-•ll,7oorders- -create
s new offenses tmt knoiiii•to any, law of the
United States. At the same time, they
I may include, among many other things, -
acts which are offenses agamst the laws- of
United States ; and among others_ treason.
Under the ConstitutiOn and 'Yaws of the
i United States, except in• cases arising in
the judiciary of the United Stat .s
and a:
jury of his peers; -and he is required by
the Constitution, to be' Punished, in• con
formity With same act of Congress applica
ble to the offense Proved, enacted before
its commission. But this proclamation•
and these orders' remove the accused-from
the jurisdiction of the judiciary; They' stid
stitute a report made by son i c • deputy
provost marshal, ft)rthe preSetitinent•of a
grand jury they put a military commission
in place of a judicial court and jury re
quired by, the Constitution ; and , they ap
ply the discretion of the eonitnission and
' the-President, ii Xing the degree''ind kind
Of:punishment, instead of the law_ of 'Con
gress .fiitng the 'penalty of the offense.
. It no longer remains •to be suggested
that .if the ground of action . , announced by
the President be tenable, lie indy; as Com
mender-in-chief of the 'army ; and navy, use
powers not delegated tothe United States
-by the ConStitntion ; or may Use. powers
. by the .Constitution exclusively * delegated
to the-legislative and judicial departments
lOf the governMent." These things .have
been already . dooe, So fair as the proelain
atiori and - orders of the President can
effect them.
It is obvious that if no private citiven is
protected by the -slice-guards thrown
around him by the express. preVisons of
the'CenStitution, but each and all of those
safeguards may be diSregardeil, to, subject
hini. to military arrest upon the report of
some deputy provost marshal, and impris
onment at the plea Sure orthe President,
and trial 'before a military commission,
and .peilishinent. at its digs:rah:in, because
theYresident is of the (Minion that sv.cli
proceedings may best sad ue theAmetny,'
,then all: Members of either - House of
CongresOatut every jinljeat officer is liable
to he proceeded:against as a " disloyal
persobs p hy the Same Means--and in . :the
same way.. - So . " that, under tis
tion . euncerning.the implied powers of the
PreSident as.,comniander-in-chlef in time
war; if. the President_ shall be. of opinion
that the arrest incarceration, and trial
before 4 inirit4fy conimisrsioii of ajiulge
of th'e•United' States, for some judicial
decision; or of one or more meriilieria of
either . -Ifirise 'of Congress ' . for.. word's
spoken debate' is ":a in
,searre which:
may berit subdue the enemy," there is
j then conferred oh hipi by the Constitit
thin the ,rilihtfal Power so. to proceed a
gainst such judical or legislative o§2 cer.
Thia power ..ts certainly not, any
eipiess grant.of poWermade by. 016 Con- -
stitution . to the President, nur even inani
e egation n power TILAt by the
tion - cif the'lThited • . States to any 'depart- .
rflimt 4d . the Government., It, is,el aimed to
be found, 'solely in the, fact titt: he is the:
•conaniander-iii-Chief Of r ita_ h r thy
charged Witli•
. the ditty of suhditing the.
enemy.;. And" .end, as
,1:! under.
Stands it,he is "charged With the. duty of
usiug, not only those :great and ample
powers whieli the Constitution and . laws,
akd self deVOtjon 'of the
. people-ii except,
thern:have.,plaiied in .his 'handi,' bet,
charged - with - 06'44 Of.,'nsiOg . pO*o,s'
thepeople ieeerved to the
Statee, or- ;to thereoife,e ;
ted. to breakdown Cqeititet;
safeionsl guards of the pi rtition OroY7
ernmental powers r and the 4tiiens from
mere ex . ,eca,tue control which are, at. once
•Imith the' r aid inearia or frit goveia-
-'The neeeas# result of this . interpmta- -
;ion of the Ossti s tution is,that, in time of,
war, the l!rZs4ent lyis any and, all power
which he ina4eem it necessary to subdue.,
the enemy;' 41 that every private, and
persbaal rightifindiihinalseenrityagainst
mere execnti , , , controli and :every•right
re5(...d.59., SAfttenc Or .to „Ile people,
test Moray s plop discretion.:- ~
But the milOiry, power.f the P,resident
is derivelli from the Constitution ;
,an d;it„is2wat eiently deSned , there„,as
his, purely •ci:l power. ,These are- its
words. •—• . • • .
'The ?reagent shalt be commander r in
c hi e f of thi l sany and. navy of.thel.luited
. States, jhe militia. of the-;severnl
.states, When called into . the 'actual service
of thejinitel,:gtateS." ~ •
Thi as himuilitary -poWer.• He-is-the
general-in-elief, And as such; in prosecu
-4lng thei war. may do what Generals in the
field are ailO4.d. :to do within the sphere
of their 4004 operations, in • subordina
tion to th . glawit ,of-.the country, , front
which they,cariye their,authority.
.When the tonstitntion• says -that -the
rresident shill lie .tlie couniander-ikehlef
of the army; and navy : of- the • 'United
States, and 4 the Militia of the several
States when ; called into actual service .of
the United ;Slates, does not t •mean that he
shall posaeos Military pa A•er and con mand , Aver all eiliztps
.01, the... United States;
that, by military, edicts, he may control
alivitmens, nig enlisted in the army or
navy, or in _Lim - militia adiedinto.the aetn
al service of the United-States? Does it
meausibat he play Make. himself a legiAla
tor, and enact_penal laws governing. the
citizens of thelinjted : States, and
tribunals, and crigite offices to enforce his
penal edicts upcil.citizens?, Apes menti
that he may,
_prospective executive
decree, repealAiatl.. annidtlM - laws of the,
.several States ,:which respect subjects re- ,
served by the:Conatitution for the eielits- .
ive action of.!the:States and. the people'?
The President :ia -commander-in-chief:of
the army and4iavy„ not only by Soren of
the Constitution, but.under and subject to
the Constitutionond to every restriction
therein centahied, and-its every law. enac
ted by its authnritv.. , . •
Be is geticral l ia,tthiet;. but can agener- .
disqltey. any law .of his own
ciimtry°_When he can, he .superaddato-,
his rights as commander, the powers of &
usurper; and that is a military despotism.
In the noise of arms, we ltave become d&-if , J,
to, the warning voice - {.f our fathers ; . to
take care that he Lary shall always be . t
snbseient to the civil powers? Instead
of listening to thesevoices, some. persons
Lhow seem,ta.thtiolutt, this is enough to
.attence-trettectio ,•-go•
thereis . no civil right to do- this or that,
but it is &Military. act. , •They- • seem to,
have forgotten that every military act is .
to be tested byA.he . Constitittion'and taws
of the. country under whose authority it
,is done. And, that under the Constitii
ticin and laws of the United States, ho.
more than. nnderthe governntllit of Great
Britain, or-under any free. or anX settled
goverrnent, the mere authority to coin.
wand an army is MIL an authcirity tb -diso
bey the laws of the-country.
The framers of the Constitution thought
it wise that the powers of the cornman
der-in-chief of the military forces .of..the
Unittql Stites should be placed in thy
hands-of the Chief tivil-magistrate,-..-Bitt
the powers ot.the commander-in-chief are
in no degree enhanced or increased by be
ing conferred" upon the same. otrice, who
has important civil functions.' If the Con
stitution had prOkided that a oommander
in-chief should be appointed by Congress;
his. powers would have been the same as
the Military .po.wers 'of the President now
are. And what thought by the
American peeple'of,anHatteinpt by a gen
&al-in-chief to legislate his decrees
the people - and for the States.
Besides, ell ,the powers of the Presi;
dent are eiecntive merely. He cannot
Make a - law. He cannot, repeal one. He
can only execute the laws. lie can nei-•
ther make,- nor:Saspend nor alter them.—
Ho cannot even , article of war.
He,may govern the army either by gen- '
eral or,special orders, but only in subor-,
dinatiOn to . the laws and. Constitution of
the United States, and the articles of war
enacted by the legislative . rwer. •
The -time has come When the.people of
the United States must understand And
must apply those great :rules of . civil lib
erty which have been arrived at by the
selfdevoted efforts of thought and action
. their.aneestors; during seven:hundred
Years of struggle against.arbitrary power.
If-they fail to understand 'and apply them,
if they laity° hold ..everr-brancll.lof• the
goverriiient . Steadily to thieio, whcr can
imagine what is -to come alit Of this des
perate, struggle?; .The .military 'pOvversof
seven Of these states, being destroyed—
What then.? What, .is to he their condi-
_tiiiii ? What is to be our condition; . , .
' Ar . e the great principles' of free govern-,
ment to be consumed as 'mini of war ?—'=--
Are we not 'wise enoughatid str,on. en- -
1 pugh to carry on this, war to_a successful'
military end' without submitting .to: a. Joss:
of any one gi-eat inlTlloe of liberty ?. We I
are strong... enougl.. ,We. are-,Yjseviough, 1
if the . peopleii,.r tfiir ieiq, nis _ will loit, 1
understand rand iihserve the just liniits of
Imilitary poWer: • - -
What, then, are those linits . ? Th ey
are these. There isiAitarkliw; there, is,
martial law: Militaky Lay is riyetein
of kiwi enacted' by' thelegistath*, pp wet.'
for the overnment of the army and. navy'
of the United- Siates; and,nr•the.miliiii. l
when milled into the aitil4'tietirice
,of -:the: '
United States! It 'has' no 'control,: what:.
ever over any person or any propertY of
any citizen. It c UnlniPt even apply, to
the teaiUsters of an arniy,,iiiin by force of
e*pres4 lirovisiting , a .the Irs of Con-.
press, making such - , persons ntnenable
thereto. The
. personis and the prop.erty of.
private: citizens 4 the United Stated . are
' as nbSolitielY exempted frinn,..tike control
' or military, .-Issi t -.1.1i they, .F- exempted
- from . the control of t be. hiws cifdreat Idyl
thin. • ' ' , , • - • ; ;`.
But there is *leo martial law. W hat is
it," Itie 61011111 ' of ; 4,iiilliti4 cOnin4pr
, der, opciating;tifti o u't any Testrainisive
his judgment,,npon tbc Uves, "non••:the
pCoperty„ - epon the - entire`and indi
vidual condition of all oter whom 'this
law extendso But,ander.the ICoristitu
tien UnitedStates,:overivheuti.loes
, . .
sacklaW ex tend?
;:Will anY One be ; tiold 'efiongh to . say,. in'
5.7 iew ef ill& hhitery 43f oar:ancestors acid
ourselves,. that the Preesident of the Uni
ted States canlsttehd such 'law l as that
oiler tiai'4entiriltictiuntrY,"or;Oierani del
*ed . geographical OA .thereof, j.saire in
c nnection.with ; some particular:military
o erationn which,he is carrying on there?
S . . nee„Charleilil. losi,...hia :bead, dicta has
,l;bett tie Mug it England' who-, °mild make
Brush•iwthat•leithn. And . ..where is
there to be found; in• caw' bbitory- or onr
cenatatutonl i ti erstate orlyational, any
Warlitok , for , . saying , -that :a President: of
the United ;States has been empowered
the • Constitution to,. exterd martial
law'over -the :whole eountry,• and to sub
itch.therebY, to his military power every
r ght of every citizen? Helms .no inch
authority. - • •
Aiine,of•war, a militaty,eptamatider,
Whether lie Vedic!' Comniatider-iiiichief or
. . . _ . . . .
nrie'oflit subordinates, *Lust poess and •
exercise! .pon 4 eri," both over. the persons
end property- I °f the citizens, xvhieh do not'
exist in time of peace. ,
,But le possesses
iind.exereises such powers not in spite of
;he Constitation, and lan% of 'tge 'United
tat,cs or in derogation"from their author
ity, lut in virtue thereof and in strict sub
iii;dination thereto.' - The general who
pyei his artily over Jmivate prCpert_ yin
!Ile. emirs*? of Ins cprerationsin the field, or
:he" iinpresses T iut6 the publiel service
cans of transportation :or subsiStenee, to
enable him to•• act against 'tke enemy, 'or
iv ho seizes persons , . witbin:"bis , lines.; to
em,f, niekiathority utiknon:n to, the - Cou-
Stitution and laws of the UnitedlStafes in
time of peace ; but ifOt Unknown to those
lalvs and that Constitution in time of war.
11 1 he _power to declare war includes the
po3ver to use the, custentary.and,necessa
rY means, effecuially. to carry it on. As
Congress may institute a state of war, it
ziti:y. legislate into existence and, place un
der executive - control, the menus tor its
prosecution. Aild,in 'time of war} with
out any-speeial -legislation; 'noti ; the com-
Imander-in-chief only, but every coniian
,der of an expedition or-of a-military post,
h is 'law - 1101y empowered by .tbe ,Constittt
-1 ticm and laws of the United States to do
whatever is necessary * and is
lii the -htWS of" war;:to accomplish. the
liiwfut 'ohjects . of his 'coi t ri man d- Bat itle
[obvious that this implied authority must
' fiat} early limits soniewheie. If it were
admitted that a. commanding ,i , eneral in
the , flel4l9* - ' ht dri':tibitteieftdlliii'diliere to Emoli 9 e the en
emy, he eetthller;y:•contiihntidnito - pay
I his soldierB';The eon:ld-force coriscsipts in-
I, to his service; he could drive Oot of the
I entire country-all'persetis not desirous to
aid him—in short, he would: be the abso
lute master Of We Country for] the -time
being. . •
No one has ever ittp_p_ r eseci—: : ito'onelvill
'"ou'''':ifiliteitah'e maint'airf-Ltliat. the
eMithatnier;in.:elticf, • in,' time - war, , has
any 'suck lawful authority. •
What, then; is:hii.:atitliority l :oer: the
persons and property of citizens? l I, an
su.-cr. that over' all persons enlisted in his
force he has military power and. command
..- 7 -that over all persons and property
within the sphere of. hhi-aotnal -Operations
in ,the. field,-he may lawfully exercise: such
restraint and .Control :as the•.snecessfal
prosecution of - his.partietilir military en
terprise mayi in his lionestjudgmenttab
splutely require;, and . upon such persons
I a s have comntited offenses.,against articles
of.war, h 4 may, through appropriatii-mili
tary.Jrilunials; inflict-the puinishtneht pre
scribed by law :And there his lawful an
thority ends: - . . . . •
, ~The military power over. citizens : and
their property is a power. to act, not a
' power to . prescribe-rules for future action,:
It springs fro - M
present pressing emergen
cies and - is . by them. . /t cannot
assume the functions of. the .statesnian or
legislator, mid - make provision -for - future
or distant arrangements, by . which per
,sons or property-may be .made subservi
ent to military uses... It is the -physical
force of - an - army in the -field, and
may, control whatever is Ra near as to be'
actually reached-by .that force, in order to
remove obstructions:to its exercise. , •
But when-the military commander con
trols-the persons. or propdrtyof citizens
who are beyond the sphere of his- actual
operations in -the . field, . when. he .makes
laws to - govern their ,conduet,. be becothes
a legislator. Those laws may be made ae.
mull); !operative ; obedience to them may
be. enforced by military. power; their.pur
pese mid effect, to recruit or
support his, armies, or to weaken the pow
, er.of 7 the enemy. :with whom be- is eon.'
I tending. But he is.a legislator and
whether his- ediets are_ clothed in the
,form of proclamations or. of. military or
ders, by whatever name they .may be call
ed, they are laws. .If- he has-the legisla-:
tire power conferred on _him _by the •peO;
is well:. •• If-not,-lie .usurps ii.. •
• ,Ile has no inerria:wful hold
all the citizens-of -the:entire . rountry,-ont
side of the sphere of-bis actual .operationa
M the field, anignattle. to.. hiri military e•
'diets; than he his,to hohl all of the coun
try subject to.his: military. requisitions.—
lie is . .not the,. military commander of the
citizens of the States, but .ofits soldiers- .
Apply, these :•'llte .procla
mations and ,orders of Abe .Presideat.---'
Th.ey:dre not designed .to .meetAin
jeg,emergeney. ip same, partieidarn-milita*
ry , Japeration ,the they. prescribe'
future ruleS' of ...lotion touching theper= .
son's and property of, citizens.. .They are
tcp-..take effect, ;,not :titerely .within the
scope of military.operations. in, tbefield
in. „their neighborbdod, . but throughout
the; entire country.. ,or. :great portions ,
Their enbjectinatter is not'mil
Ita l 7';"ffeinseB; . :er... military. relations; but
,offenses and. AomestiesilationS; ; the
relation of itaster,and.servaht; the.offen:.
ses..of " disloyalty, or treasonable practi
.e!P2' •, ;Their pigpen is meet soirie
existing:aud• military.'emergeney, but . to
provide,fOr'flistifit eVents, which mar,, or b
may not ;occur; and isyhose copra:opt:,
ifthey should-coincide with anyi,particn- -- SAD IMEMORIEL
lar . triditayy i?perations, are indirect, re- , They 'tell me that I should not gliiire .
mote l. catinal v andpoissibie Merely . . • , '' A loss go lonir gone by; ,' -•
It IS manifest'that in proclaiming these '
f That blessings refs : new blessings leave,
% A c ts . ilie . Piciiident` is not acting under i That should . their pipe supply,
the - aiftlioritioof military •hlivi ;first, be- , I cannot say it is not so, • , ' ' /
oansamilitaryls* extends 'only - :over the !-• To niurtnnemay be 'sin ; • •
persons- actually, nlisted itribamilitarY '.;:. But the' grief was given long ago—.
service; and 'wend, beatuse. these per- t',
When will the rest begin ? .
soni*egoveriled by_ laisenected-by the t
.:, •-, . . .
legiidashrei potirei. itia.mptall y, manifest illook upon my boy's bright facie, , .
that', lierle
,noilo 'tlpit tinder :that:implied Myheert-warms to - his smile; •
autharity'-irltiolegrowe' out' of particular I But not the loss that empty place ... •
actual military operations; for these ex- , I .Lies cold within the while. • . -
ecutive decrees do not spring from the ,I. see him
_bound o'er beith.atid sod.
-speciateniargenMeeatif Miy partienlar mili. Till all my .pulses thrill i-
Lary operations, and are not limited to any tut the little toot that never trod;
I when will that be still: \ ' -
field:llk which any each operations are Oh
carriedmi. ' - - ' • All things must suffer change -
Whence, then; do these edicts spring? H • -
They, spring freed' the 'aka& - power to
, ri oweyer fair 1 .
: - 'And heartts grow cold and vdioes strange,
I AndloVe is lose no more •
extend martial ' law . coVer'the whoje terri- ' 3
tory of the United States; power for
the exercise of which by the President ' Tho old home fire May. quen ' ch its gleams,
The dresrir forget • • '
there is no warrant whatevir in the Con-
Brit the face at haunts my ocamea
stitutioa, a limier which no free people
, . .flas Fever altered yet!
could confer- upon; an executive officer, • ' .
and remain a-free people.- For it w,o uld It never smiles, it never speaks;
make• him the absolute master of:their. - Its calm eyes resi on. mine,
lives, their liberties and their, j property, And softly round the gentle cheeks -
with power tcrdelegate hi's mastership to ' The Mir curls flo a t and twine. --.
such of his satraps as be mightseleet,, or The .placid took is never stirred
as might be imposed on , his credulity ,or .. By restlessness or pain ; - • .
his fears. Amidst 'the great .dangers- And yet how often have I heard -
which encompass us;" in our struggles to • . That wailing ery again.
encounter them, in bur natural eagerneis - - -;- .
Sometimes when all are hushed in sleep,
to layhold of .efficient means to accom-.plish our .vast labors, let -us beware how And I awake alone, • •'-- .
we-borrow weapons from - the armory of Itreel the tiny fingers creep, :
arbitrary power.. They cannot-be wield- And nestle in my. own
ed by the hands of ,a - free people: Their I listen tit:1110.1w faint breath,
blows will finally fallUpdivided' strength. on themselves. - Nit know it is not there;
Distracted counsels '
0 3temory ! thou art as st.rong as' death.
. .
are the very earliest-;ffects of an attempt But far more bard to bear:
to usethem/ What lies beyond no pain- - -
otis-now willingto attempt.tolook upon,
How a Lawyer Headed off a Draft Com
Says the itesaing '(Pli.) rtnies : 7 —lt is
Well known that CommiSsionerKup‘p was
very'precise and exact in his'proceedings4-
- always - keeping an eye to.the, interest of
the country, while dealing honorably, with
all. Mow it happened that among the a
ble-bodied men - d - eatted from- ono of the
Heidelbergs, there was an obese specimen_
of humanity, but whom the chances bit as
one of the elect. When be received his, I
“ ticket fo; soar he hastened to Read
big, and„ knowing , where lived the..cutest
`specimen of a lawyer, be went . . straig ht to
, •
his office. Saidbe
A‘.l am drafted !" . i ' •
• ".The duce you are.: it must have been
a strong man that *tited you !" .
• " Well, I'm drafted, and I Wain to get
int. •'Can't march: I'll pay *ell." - •
.' very . well." •
The twain proceeded to the effice of
the Commissioner. , .
"Here," said the lawyer," Commiision
er, I have got a substitute." ) • •
Commissioner looked at -.the wheezy,
specimen for some time..
" He won't do ; can't march." '
" BM. he must do,"
blustered out the .
lawyer, and you know he will."
" lie can't march, he won't do and I
ean't_takehim. . . .
• This was went our smart friend wanted.
• " Ile won't do, nh ?"_
NO, he won't." -
" Well, then; scratch his name off the
list; lie is drafted and scants to ite exempted 1
The Commisaioner looked vat; the lawyer
for about a minutn, then regarded the fat
drall i and, withontspeakingaword 2 scratch
ed off his name !
We don't vouch for the foregoing.
The :Waste of War.
The beautiful valleyof the Shenandoah
is terribly waeted by the, armieseperatin
in that, region. A- letter frotn a soldier,
dated three miles south 'of Winchester,
We passed through a .seetton of most
beautiful country, combining the*rornan
tic and 'picturesque, in the. greatest. de
gree. - The valley of the Shpnandoalt - is
extensively' known as comprising one of
the finest and most fertile re ' i ons ofconn
try anywhere to be lound4 The very
name is significant of -beauty: 'lt is one
of the greatest'wheat-growing countries
we. Over saw. I'ield after field of , wheat
met our eye, and we neyer fully realiz
ed before what was meant by waving
fields of grain. - • 1 .
' We saw, between Harper's, Ferry and
Winchester, . stacks of old wheat up
thrashed, going to decay for• want of la
borqr. The fields of wheatimaw grow:
ingd .ripenitig so luxuriantly; must go
to waste for the same reason.' Slaves are
making their escape dailf, and what to
do without slaves' is an enigma to thlipeo
pl_e who inhabit the valley of ;the Shenan--
doah r and who have alw4s been depend
ent on slave labor. Poor Virginia! She
is paying most dearly for allowing herself
to be bound with the shackles of seCei=
sionism. Would: that she 'might arouse
'herself and throw them off, and, like Ten
nessee, try' and tike-her place once more
alongside her loyal sisters in', the Union.
No state can- ontrival I her 'in wealth of
natural resources; 'or in the lien, tity of her
scenery. The artist need net go to Itp-•
rope to find sketches of landscape for_ his
pencil.* He will find them hire in profus
Detection of Atmloin' Villainy.
The Northainpton Gafetli relates an
instance where an extra mean specie.;
-of fraud, too -often practiced - upon our
soldiers, was discovered'by,aii odd coin&
&nee: A private who was convalescing
in 'one of the Opspitile, braved some cur..
rant jelly. so' much that gave his last
two dollars for a pot of it, which the at
tendant refused to let, him havtotherwise,
and also refused to let him I?ny a smaller
quantity. On removing tilt wrapper the
soldier was surprised to :find a notti direct
ed - to himself, - and iofiiniiingiiin4hat . 10
owiriathily •senfhim `the welcome del-
, .
Adan.l, adedidairaiioe dw
And Eliaf! , „
tide iitivnbut ie.* 'io.ent ,the
we have witzetied .n641:04 013
out theliberties of a loyal people. . I -
)0:21Z AX linz,orricz,pr
COIC, • t
T "EWE AND LET Elie mows.
. ,
office of the lfontroae Cietnoitat
Hy been inpplied with a lei arid
tc., and we are now prepared to print paioptAloyl
etc., etc., In the beat style, on 'bonnet/cu.
Posteis PrOgrammes,
otw u rk. in this Hite, dowilicaording to crier
lesa, ana ,Ball Canna
ett— Printed with pastures and deigootcll.
irid.Cimtrtatiles' Blanks, Not;
td all other Blanks, on band, int pitnted to ordo,
b work - sad InsaU4ol4 piaci tot or 4464
;The•Drafted Wide-Awake.
. s .
I was a glorious 'ids-Aiake,
•• All marching in a row; •.,
A:p4.worO a shiny oil-cloth, cape,
About tWo.years ago. - •
Our torCheii flared' with turpentine, .•
..And filled the "streets with smoke; -
And •we were sure, whate'er might come;
.Secession was a joke. .. .
_ : 0, if I then had only dreamed - -
.•" .. The -things that now I.know,
I neer had 'been, a WidelAwake
' About, two years ago... - ,- ' •
• .
1 said the South wouid never dare.
To strike - a 'single blow ;
I tilfluglit that they were cowards then,
"About two yeara ago. - • _
And mil Marched behind a rail, _
I :'Armed 'with a wedge and maul i .
With honest Abe upon a-flag, ._ .
A boatinan gaunt arid tall. . .
. -0, if:Lihee.had otilt dreamed .
- . The things' , whicli now I know,
• i iie'er, had-been 'a Wide-Awake .
;About two years ago.. -
B .lly work was good, my wagestigh,
' Aud.hread .and 'coal was low it
; The silver jingled in' my purse
About two years ago. •
Iu peace my wife•nnd children dwelt,
- Happy the live-long day; - I'
Aild war was but the fearful curse
. • Of eountilos - thr. away.
o,,if I then had only dreamed
The things which now I know,
I ne'er had beena . Wide-Awake
I- , About tio - years ago. .
My. wife - sits pale and weeping now,
My children crying low; i•
I did not think to go towar •
About. two years ago._ , . • •
And no one now will earn their food,
Rio one,.wil I "be -their shield; • - 1.
God help them When. Flip in death
Upon the bloodv field r
i r 0, if. I_ then had only dreamed
-; • ' • The-things Which. nowl know i c
_ I ne'er had been a Wide•Awaka.
• AbOut-two years ago.,
One brother's bones half-buried lia•
• Near the Antietam's flow;
He was a rhei•ry, happy
About two years ago. -
And where the Chiekilhominy - '
Moves slow towards the sea,
Was left another wasted corpse— _
I aril the last of three: . -
0, then bad'ordy dreaMed
The things which now I know,
Ine'er had, been a Wide-Awake
-About.two rears;two.
Just now I saw my torch and cape, •
Which -onee.made such a shove; 4
,Th.ey,are not now What once they seemed
, -Abotit two•years ago. •
I,thought I carried-Fredom% light,
In that smokyrflaming brand;
rvelearned I bore destruction's torcha , -
'. That wedge has split theland. •
.001 . I then had :Only dreamed
,The things which now I know,
. lie'or had been .a:Witle-Awake
• - • Aboui - two , yeirs. agO. _ •
• '‘.ll.eAliis Wits About Rini, -. ,
Au Vislaiiin, driven to desperation
the - haid tidies, procured a pistol and took
'to. the tuad.. , Meeting, a .traveller, he
,"Your money or your
life!' - Seeilig Pat was keen, he offered to
give all his money for. dui' pistol, to - which.'
Pa4agre4ll,und each anded over. 'Now
said the traveller,_ hand bick.the money,
or ICilf blow out your brains' `Blaze away
my lleartv, Diver a dlircip of powther is
theta • •
.OrThe radical presses have denounc man, s not even the President, with
greater vehemenco than they bare F en ,,
an,do Wood, ex.:Mayor of New York. -In
a s p eec h jut before the election he 'aid :,
" twit .Spring I Wag offered—And leading
Republicans offered to Out it into Writing
--that if I would desert they would make
me the. next .Goyernor of New York."
Comment is annecessary,
EirWe.have the announcement of the
death ;of ..two •of our 4enerals-0, M.
.MitebeLand.J.• B. Richardson. The former
'died nt.Beaufort.of 7ellow feyer.ost -the
'Bleteult4 and General•Richaidsmi died of
tbb- wounds' , received _it 'the i battle iSt.
Antietam at Vat rpiburg Monderniabiy,