116M=3
•
The auallpalfil.
Vile j Ohilattiiitaiin as Wiat
gar- Beaittrig '
WEDNESDAY MORNING, OCT. 29r,
'oPrNiolir oir'jtitodt CUItTIS.
Thereader will. find the able opinion of
Jndge Curtis;otjloston,,_upon the "militw
ry poiver of the i'resideiti,!' Published-in
full in'this mornines;POst; It is agreat
paper, unlike the foamy ravings of 'radical
demagogues. -It is wall, ,for the country
that we have a :few' finch men as Judge
Curtis hdt, ability and public
virtue to speak ae<be ,does.
• "A VIGOROTtEr.PROSROITTION
'OP- THE WAR.
•
This stereotyped phrase is again an
' noun'Oed from Washington,.`s. being indi-:
• t cative of the settled and determined put.-
, pose of the Administration. The late re
port of.the Herald; to the. effect that the
President was again to take control of
thipgs - himgelf; that ' , Gen. Halleok was to
return to the Western department; that
- ideClellati*as - to take 'Halleck's present
position; :and that-" Fighting Joe Hooker"
was to :assume `command of the army of
the t'otomac, tarns out to be one of that
paper's - periodical sensations, with which
it so often unitises and astonishes a gut- ,
`" r " 'lible public". Neenah radical changes are
likely to occur, nor are they in contem
plation. The Philadelphia Press, which
assume to speak by authority, announces
that ' " the (unction .with which General
- 111:celellan is regarded by the army of the
POoniae jystifies the President in eon.
fl tinning him in his present command."
In addition to the certainty of. MaClel
-1 lan 'remaining where he is, we have the
E additional assurance that the war is to be
E prosecuted with a vigor that must speedily
crush the rebelhon, Indications in Wash
ington,-and in the army and navy, we are
informed, are such as to promise, speedi
'l' ly, the most important - results..
hopes that the Abolition
conspirators, who have been hounding
McChil.an so long and furiously, would
,rucceed- in having;hirii removed from.the
• head of the army. Better for him and
for the country that he should be relieved
of a command which subjects him and his
plane to :be embarrassed by scheming poli
.
But, perhaps, the President has
[ taken fresh courage to resist further Abo
lition interference in military affairs.
k . Perhaps the result of the October elec.
tfone, and the prospective results of those
which occur in November, have, measur
ably, removed that pressure which he in
-
formed the Border State men was weigh
ing so heavily upon him. The President
upon that occasion made the humiliating
confession that, notwithstanding the se
!, verity of the pressure, the country couldn't
spare the support. and services of those who
were bearing so' heavily upon him. How
much mistaken was our Chief Magistrate
1, in his calculations. See 'fay the late elec.
.
Pons how the people :differ from His Ex
', cellency. The great States of liennsylva
.nia, Ohio, Indiana and lowa have lie'
lclared that whether the Administration
can dispense with radical Abolitionism or
hot, it will have to from - this time forth.
iThe great uprising in these States have
shown, and the results of the elections on
the 4th of November will demonstrate the
determination of the people to have no
more 4tbolition pressures which the Gov
ernment itself has not the power to repu
diate. Whether the Preside& desires it or
not the people will emancipate him from
Abolition thraldom, while at the same
Buie" the? repudiate hiP- - licheme of negro
emancipation. The people are speaking
in iones of thunder that he must repudiate
thaevil councils which he has followed, and
1
return to "a vigorous prosecution of the
ware" not for abolition schemes of negro
emancipation and colonization, but for its
primary object, the salvation and perpetn
atiop of the Republic. In this magnificent
araNnspiring undertaking all men who
are not open or latent traitors can embark.
It whit the entertainment to which the gov
ernment invited us, and its success was
fondly hoped by every patriot, until the
• President gave way to the pressure of
those who 'live been advocating measures
for the eternal separation of the Union.
Ilia great probability now is that the
classic Sumner, the blustering poltroon,
Ben Wade; the profane blackguard Wil
mot,and the drunken Chandler, together
with hnmerous lesser lights like John Co
vodei will not be long in a position to
threaten and bully the Adminietration.—
These and others like them will be sent
into involuntary interment, where they can
refloet on their congressional villainies,
and atone for 'the distress they inflicted
once contented and happy people,
iLet them retire to that obscurity which
remOve ever seeks, and crawl on to age, '
the last lingering creatures of a conspiracy
again)it their country's constitution, no
less Monstrous and wicked than Southern
treaa‘n itself.
AN . I AMEIIICAN ACTRESS IN
ENGLAND.
The time was when the United States
•looke`.d to England fora supply of dramatic
talent, as they did for an importation of
dry goods. Of late years this has been al
toftettger changed. For every actor or ac:
tries! England has Bent us in the last fif
teen tears, we have given her one of equal
dbility in return. Atriong those of our
Ameiican artistes who have been received
lately', with peculiar favor by the English
people is Mrs. gttie Henderson, wife of
our Pittsburgh manager. By a oory o f a
Liietiool„PaPX,._ we perceive that she
opened at the Adelphi Theatre, in that
city, on the eth inst., in the character of
Fanchon, and was so successful befoo k
that critical audience as to be called be-.
fore the curtain three times before the ter
mination of,the play.
B/azikets.
Blankets are becoming an important ar
ticle in the market. Last February they
could gave been bought for 41:•tents
pound now, it is-raid, contractors A
nnual So bents ayotul
4:3F1
• •--- • L
TUE MILITARY POWER 'OF
THE PRIMIDs.ET.
Able 0
iz.,4 , 1 '' - i.'
We malte.lthe; &Mowing liberal extract
„ i tt,.
.'`li Ili 'R4lofilet written by the
;11orienjf, in.'...Purtis, of Boston, late
4iitk:citoftilli nitedStates Supreme Court,
itild4U-dit4i ippshed-ahthor of the mas
terly 11 .'
ilissentink opinion in the Dred Scott
I -('
case:
_ The Proclamation .or- Emancipation, if
taken to mean what in terms it asserts, is
ant executive decree that on.. the first day
liflanuary next all perions helll as shiyes,
_within-anehatatest• or.-partii iie States, as
i shall then be designated, *shall cease to
,' be lawfully held to service, and may, by,
their own - eorts Old with the aid of the
military power of the United States, vin
dicate their lawful' rights to their personal
freedom.
i -The persons who are the subjects of this
proclamation are-held to service by the'
laws of the respective States in which they
reside, enacted by State authority, • as clear
and unquestionable, under our system of
government, as any law passed by any State
on any subject. -
This proclamation, then, by an execu
tive decree, proposes to repeal and . annul
valid-State laws which regulate the dories
tic relations brtheir people. Such is the
mode orUperation of the decree.
The nexti observable characteristic
that this executive decree holds out this
proposed repeal of state laws as. a thteat
eend -penalty for the continuance of a gov
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
denounce it as a punishment against the
entire people of a State, ti at the valid laws
of that State which regulate the domestic
condition of its inhabitants, shall become
null and void, at a certain future date, by
reason of the criminal conduct of a gov
.
ermng majority of its people.
' , This penalty however it should be observ
ed, is not to be inflicted on those persons
who have been guilty of treason. The
freedom of their slaves was already pro
vided for by the act of Congress recited in
a subsequent part of the proclamation. It
is not, therefdre as a punishment of guilty
persons that the commander-in-chief de
crees the freedoni of slaves of loyal per
sons, or of those who, from their tender
years or othei disability, cannot be either
disloyal or otherwise, that the proclama
tion is to operate, if at all; and it is to
operate to set them free, in spite of, the
valid laws of their States, because a ma
jority of the legal voters do not send rep
resentatives to Congress.
Now it is easy to understand how per
sons held to service tinder the laws of
these States, and how the army and navy,
under the orders of the President, may
overturn these valid laws of the States,
just as it is easy that any law may be rin
fated by physical force. But I do not un
derstand it to be the purpose of the Pres
ident to incite a part of the inhabitants of
the United States to rise in insurrection
against valid laws,
but that, by virtue of
some power which he posseses he proposes
to annul those laws, so that they are no
longerto have,!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. 'I hey declare
and define new, offenses, not known to any
law of the United States. They subject
all citizens to be imprisoned under a mill
tarlv order, at the pleasure of the Presi
ident, when, where, and so long as he, or
whoever 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 or
omissions as the President may think
proper to decree to he offensive; and they
subject him to such punishment as such
military commission may be pleased to
inflict. They create new offices, in such
number, and whose occupants are to re
ceive such compensations as the President
may direct; and !the holders of these offices
Scattered through the States, but with one
chief inquisitor at Washington, are to in
spect and report upon the loyalty of the
citizens, with a view to the above described
proceedings against them, when deemed
suitable by the central authority.
Such is the plain and accurate state
meat of the r.ature and extent of the pow
ers asserted in these executive proclarna.
tions,
What is the source of these vast powers ?
Have they any limit? Are they divided
from, or are they, utterly inconsistent with
the Constitution of the United States ?
The only supposed source or measure of
these vast powers appears to have been
designated by the President, in his reply
to the address ofthe Chicago clergymen,
in the following-words : "Understand,
I raise no objections to it on legal or un
constitutional grciunds ; for, as command
er-in-chief of the army and nary, in time
of war I suppose i 7 have a right to take
any measure which may best subdue the
enemy."- This is a clear and frank decla
ration of the Pre4ident respecting the or
igin and extent of the power he supposes
himself to possess; and so far as I know,
*no source of these powers other than
the authority of commander-ni-chief
in time of war h - a-i ercr been sug
gested.
There has been much discussion con.
cerning the question whether the power to
suspend the "privilege of the writ of ha
beas corpus" is conferred by the Constitu
tion on Congress or on the President.
The only judicial decisions which have
been made upon this question have been ad
verse to the power of the President. Still,
very able lawyeri have endeavored to
maintain—perhaps to the satisfaction of
others—have maintained. that the power to
deprive a particular person of "the privi
lege of tie writ" is an executive power.
For while it has been generally, and, so
far as I know, universally admitted, that
Congress alone can suspend a law or ren
der it inoperative, and consequently that
Congress alone can prohibit the courts
from issuing the writ, yet that the execu
tive might, in particular cases, suspend or
deny the privilege which the writ was de
signed to secure. am nOt aware that
any one has attempted to show that under
this grant of power to suspend "t h i e privi
lege of the writ of habeas corpus," the
President may annul . the laws of States,
create new offenses unknown to the laws
of the United States, erect military com
missions to try and punish them, and then,
by a sweeping decree, suspend the writ of
habeas corpus as to all persons who shall
be "arrested by any military anthority."
I think he would make a more bold than
wise experiment on the credulity of the
people whd should attempt to convince
them that this power is to be found in the
habeas corpus clause of the Constitution.
No such attempt has been, and I think
none such will be made. And therefore,
I repeat, that Be, othdr source of this power
has ever been suggested, save that described
by the President himself, as belonging to
him as the commander-in-chief.
At must be obvious to the meanest capa
city that, if the Preendect of the United
States has an inwlied constitutional right,
as commander•m-ehief of the army and
navy, in time of war, to disregard any one
positive prohibition of the Constitution,
or to exercise any one power not delega
ted to the United States by the Constitu
tion, because, in his judgment, he may
thereby "best subdue the enemy," he has
.the same right, for the same reason, to;
disregard each and every provision of the,
Constitution, and to exercise all power
needful in hia opinion, to enable him
"best to subdue the enemy."
It hasneverbeen doubted that the power
to abolish slavery within the States was
not delegated to the United States by the
Constitution,
.brit vrtoi reserved to the
States. If the President, as commander
pf the army - and navy in time of
„Fig, pay,. by Opentive decree, exer•
else this • power to abolish slavery i i the
States, which power was reserved .. 'the
States, hecauserhe is Of opinion ti i hr
may thus "bid subdue the enemy." .. hi
other power,teserved to the States •r I
the people, May 4
Pot he - ,•exadeise.t,,b • .f,..
President, 16f, the satins! Realorigthat, ; . el
of opinion he; niay ittnis pied subdu ; - -;th
enemy ?'.2 Ansr if sp; What: distiitdtion - ea
be made,between pciwefaiiot deliga • . t
the United Slates at ' all, 'and pi •-ei
which, though tilde delegated, are co . fel
red by the Conatitation upon some dear
ment of the goverunient other , than th
executive ? Indeed:lN; preelamati .n ;
Semptembin 24,, 18q, folloived by tl
orders of the War, Department, inte di
to carry it into practical, effect,. are .an
fest assumptions by the President of .of
ers delegated to the Congress. and to th
ljudicial department df the Govern .. era
It is a clear and unddabted prerogati • e i
Congress elope, to define all offenses, an
to affix to each some appropriate an. n.
' cruel or 'unusual punishment. But th,
proclamation and these orders create .e•
offenses not' known to. any , law of th
United ' States. "Discouraging e .11s;
. merits" and "any dialoyal practice' ar
not offenses known .to any law of th
United . States. At the same time .he
may include, among many other Ili ig i
'Etas which are offenses - against the la' s (
the United States; kind among ot:ei
treason. Under the Constitution and as
of the United Stated, except in C•Sf
arising in the land and naval forces, e •el
person charged with an offense is exp •sE
ly required tifi be proceeded against an
tried by the judiciary of the United 9 ;to
and a jury of his peers; and he is requ re(
by the. Constitution to be punished, in on
formity with'some aft of Congress app ice.
' ble to the offense proved, enacted be or,
its commission, But this proclama for
and these orders remove the accused on
the jurisdiction of the judiciary; they -nb
stitate a report made by some de t ut
provost marshal, for the presentment f
grand jury: they put a military commis io
in place of a judicial court and jury ri
quired by the Constitution; and they ap
ply the discretion of the commission .ni
the President, fixing the degree and . ins
of punishment, instead of the law of on
gress fixing theepenalty of the offense.
It no longer remains to be suggeite(
that if the ground of action announce. b 1
the President be tenable, he may, as c.m
wander-in-chief of the army and navy, si
powers not delegated to the United St. te
by the Constitution; or' •may use powers b;
the Constitution exclusively delegated t(
the legislative and judicial department of
the government. These things have b•er
already done; so far as the prod. m
ation and orders of the Presidentcan el eci
them. -
It is obvious that if no private citize iE
protected by the safe-guards thr .- n
around hirdby the express provisions el
the Constitution, but each and all of these
safe-guards may be disregarded, to subj,ct
him to military arrest upon the report of
some deputy provost marshal, and imp is
onment at the pleasure of the Pr -a
ident, and trial before a military corn. is
sion, and punishment at its discretion, e•
raise the President is of the opinion t•at
such proceedings may "best subdue hi
enemy," then all members of either Ho si
of Congress and every judical officer ii
liable to be proceeded against as a "d 's•
loyal persons," by the same means and in
the same way. So that, nnder this am .re
tion concerning the implied powers oft e
President as commander-in chief in tin e
war, if the President shall be of opini in
that the arrest incarceration, and tr al
before a military commission of a jud_e
of the ,United States, for some judi.al
decision, or of one or more members •f
either House of Congress-for words spok n
in debate is "a measure which may bst
subdue the enemy, — these is then conf r•
red on him by the Constitution the rig -
I t
ful power so to proceed against such ju l
est or legislative officer.'
This power is certatnli• not found in a y
express grant of power made by the Co •
stitution to the President, nor even in a y
delegation of power made by the Constit -
lion of the United States to any depar -
ment of the Government. It is claimed
be found solely in the 'fact that he is t e
commander-in-chief of its army and nav ,
charged with the duty of subduing t
enemy. And to this end, •as he unde -
stands it, he is charged with the duty f
using, not only those great and amp;
powers which the Constitntiou and law ,
and self devotion of the people in executin
them, have placed in his hands, but char
ed with the duty of using powers whic
the people have reserved to the Staten, o
to themselves: and is permitted to brea
down those great Constitutional safe guard
of the partition of governmental powers
and the immunity of the citizens fro..
mere executive control which are at one:
both the end and means of free govern
ment. .
The necessary result of this interpreta
tion of the Constitution is that, in time o
war, the President Sias any and all power
which he may deem it necessary to subdue
the enemy; and that every private and
personal right of individual 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 President
is derived solely from the Constitution;
and it is as sufficiently defined there as his
purely civil power. These are its words:
"The President shall be commander-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 prosecut
ing war, may do what Generals in the
field are allowed to do within the sphere of
their actual operations, in subordination
to the laws of their country, from which
they derive their authority.
When the Constitution says that the
President shall bethe commander-in 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 L'ti•
fed States, does it mean that he shall pos
sess military power and command over all
citizens of the United States; that, by mil- ,
itary edicts, he may' control all citizens;
as if enlisted in the army or navy, or in the
militia called into the actual service of the
United States? Does it mean that he may
make himself a legislator, and enact oenal '
laws, governing the citizens of the United '
States, and erect tribunals, and create offi- '
ces to enforce his penal edicts upon citi- ]
zens? Does it mean that he may, by a '
prospective executive decree," repeal and
annul the laws of the several States, which 1
respect subjects reserved by the Constitu- E
tion for the exclusive action of the States i
and the people? The President is the 6
commander•in-chiefof the army and navy, t
1 1 not only by force of the Constitution, but t
under and subject to the Constitution, and t
to every restriction therein contained, and F
its every law enacted by its authority. n
He is general-in-chief; but can a general- a
n-chief disobey any law of his own cows- e
try, When he can, he superadds td his b
rights as commander, the pouters of an 1,1
usurper; and that is a military despotism.
In the noise of arms we have become deaf ti
to the warning voices of our fathers, to w
take ()are that the military shall always be of
subservient to the civil powers? Instead le
of listening to these voices, some persons a.
now seem to think that this is enough. to is
silence objection, to say, trueenough, there hi
is no civil right to do this or that; p
but it is a military act. They seem to have s
forgotten that every military act is to be e
testedty the Constitution and laws of the j
country under whose authority it is done. •
And, that ander the Constitution and laws
of the United States, no more than ander
the government of Great Britain, or under
any free or any settled government, the
mere authority to command an army is not
an authority to disobey the laws of the
country. -
The farmers of the Constitution thought
it wise that the Powers of the commander.
in-chief of the military forces of the Unit
tad litatsa should be placed in the hands
szioio): — fllr. Curtis
of the chief
powers of the
nodegre
(erred up
to portent ct!R
I lk t (gitenia: be itpittitgedAby etingre*
the at
are. r
for the people
Sta
. Besides, all
e
are executive
h
' execute the
, nor Suspend-nor
even fnake an
govern the
her
t• special orders;
to the
n
States, and the
the legislative
. The time has
the °United`;
must apply
e
ty which have
devoted efforts
their
years of
If they fail to
if they fail to
overnment
wa imagine what is to
s
truggle? The
f these States
is What is to be
e our
e
Are the great
ent to be used
nough to
e
ul military end
oss of any one
o i • e a : 1.
ereehiBYo:Drd t Ym' l'
eh
t:ddoto-sl
l
en
t hn ayr Itwi.:Y-re h see( ledlBeGleen:
ffe 'his gotvera
--e id -e- t t '
eovj. upon
n loi:' es h osavlaB3ctttltt' fi tuliwehl febg;
States
wmos
•y • desttte• lapm°lmoneU4nynei)lctbCatn w ueaoheoereiesaoeotlop'6'4lsemb z eap e ry , °oae'wteloseta't"lloewoetyronowiycttley'v'niacnpdeeil r t f uhurati'jlpr.ssfefo We .are erdol'v o enn6aapim u estiiainr s biptnei°Tldsrd4eta)dagdtltiealcasnalpm a aoPir"vltcl r cgllom o phneeflecer'tld l ßioot'lfrtif°nlotcloh)lhsaatclaueeoyoel l ''wl°taieYo'' c otYoeoetgdTori n ahomloccH y o flnelaaoeledanmteoh'sia°erydlahmasoiroe t wvmsrsyeurinp•.ldnm r rw*fsiri s sutp ybhedarvasorfase.
sr cht.a r fiel destroyed;
:lei military
7hntimitoresident tffhPchPaftueseornoxmeeeetrebanoan.understand
teamsters
whatever
'anttirratin
the e wnewh;fedtfiles'itt p vabYitiotrehe-laictpne t ietmie s atnpbneh s hnetlagteerags,-byhetessdpllsslit i heerhfleos. defined thl se eyehherpy u ondine e e:ooinoiphih o tybrlt IhaeTTlcommander,
v. f eaiPanc6' r srstewoe c lma n xieHteaset n citizenssflt ' u 'dv;.e‘pj::ldeoinlshiUetro t sehde: al;Unitedagettag'whatl''enhyrhhVoraenreapoweri-''lC '"_ operations Unitedthiiteß Ildhi
saveth l a'seeFitmakeiridletafpuiancestors
He
eenernheae cannot
rsptfntsedtleainyeyecerto-ena
aoeaw;ttheuineveosi
1 Scot
nytvgnv:i I'll
larollaldmYpcszaprn g : rntetiicredletolyandBewril
(isteh
riohlneehbadedtem'
otgireaiceat:rr e seter ilvti
foraz
ireny erexisoeyt sdil
onee(
ioeknee-enwrhn
them,e' thi°r arise
oniora - eo. e.
artnlbel
making,oa°:stl-
oljo-
't,
no,
* frrl.
over)inll
4 Ire-.
eenfgfnßfseon(ti
just
?ddi
3 1
h (y'
in
-I
United now
Yr
f:raf.
- a.
s: the
-'
' ? . 1
1 1 I
ill but
imits of
What, then,
hese. There is
ry
ial law.
aws enacted by
I
he government
he United
alled into the
tates. It has
ny person or
a
t could not even
n army, save
isions of the
uch persons
ons and the
f the United
to
mpted from
as they are
e laws of
But there is
perating,
dition of all over
ut, under the
States, ores
Will any one
ew of the
rselves, that
t
T ographical part thereof, save in connection
that over all
the sphere of
s
u
eld, he may
is with some particular military operations
1- which he is carrying on there? Since
n Charles I. lost his head, there has been no
e king . in England who could make such a
e law in that realm: And where is there to
s he found, in our history or our constitu-
1 tions, either state or national, any warrant
I for saying that a President of the United
States has been empowered by the Consti-
1 tution to extend martial law over the
whole country; and to subject, thereby, to
his military power every right of every cit
zen '.' He has no such authority.
In time of war, a military commander,
whether he be the Commander-in-Chief I
or one of his subordinates, must possess 1
and exercise powers, both over the persons
and property of the citizens, which do not ' 1
exist in time of peace. But he possesses 1
and exercises such powers not in spite qf 1
the Constitution and lairs Q t. the United
' States nr in dreogation irons their anti:o7--
1 itst, but in virtue there'll' and in strict sub..
ordination thereto. Thegeneral who moves
his army over private property in the
course of his operations in the field, or
who impresses into the public service
means of transportation or subsistence, to
enable him to act against the enemy, or
who seizes persons within his lines as
spies, or destroys supplies in immediate
danger of falling into the hands of the en
emy, ases authority enknown to the. Con
stitution and laws of the United States in
time of peace ; but not unknown to that
Constitugion and those laws in time of
war. The power to declare war includes
the power to use the customary and neces
sary means effectually to carry it on. As
Congress may institute a state of war, it
may legislate into existence and place
under executive control the means for its
prosecution. 4nd, in time of war, with
out any special legislation, not the Com
mander-in-Chief only, but every command
er of an expedition or of a military post, is
lawfully empowered by the Constitution
and laws of the United States 'to do what
ever is necessary, and, is sanctioned by the
laws of war, to accomplish the lawful ob
jects of his command. But it is obvious
that this implied authority must find early
limits somewhere. If it were admitted
that a commanding general in the field
might do whatever in his discretion might
be necessary to subdue the enemy, he
could levy contributions to pay his sol
i dien s ; he could force conscripts into his
'service; he could drive out of the entire
country all persona not desirous to aid
him—in short, he would be the absolute
master of the country for the time being.
No one has ever supposed—no one will
now undertake to maintain—that the Com
mander:in-Chief, in time of war, has any
uoh lawful authority. ..
What, then, is his authority over the
ersons and property of citizens ? I an
wer that over all persons enlisted in his
orce he has military power and corn
ieer
o s t s r e a c i
u n
f t fo a n n d
of
hi control pa
rti as cula t
'prise may, in hie honest judgment, ab-.
olutely require ; and upon such persons
sJa have committed offenses against any
article of war, he may, through
l appropri
ate military tribunals, inflict the punish
ent prescribed by law. And there his
wful authority ends.
The military power over citizens and
t eir property is a power to act, not a pow
e to prescribe rules for future action. It
s rings from present pressing emergencies
a dis limited by them. It cannot assume
t e functions of the statesman or legisla
to , and make provision for future or dis
t nt arrangements, by which persons or
pperty may be made subservient to mil
t ry uses. It is the physical force of an
sr y in the held, and may control what
av r is so near as to be actually reached
ay that force, in order to remove obstruc
-10Flf!t0 its exercise. • -
But when the military commander con
fn
ro s the persons or property of citizens
dm ttre beyond the sphere of his actual
tpErations in the field, when he makes
sw to govern their conduct, he becomes
1 "slator. Those laws may be made an
te ly operative; obedience to them may
e nforced by military power; their par
tos and effect may be solely to recruit or
'up ort his armies, or to weaken the pow
er o the enemy with nom he is contend.f
ing. But he is a - legislator still ; and
whe her his edicts are clothed in the form
of poclamations or of military orders, by
wha ever name they may be called, they
are awe. It he has the legislative power
i
con erred on him by the people, it is well.
l
tf not, he usurps it.
He has no more lawful authority to hold
'he citizens of the entire country, out
-3f the sphere of his actual oPerationa
thi field, amenable to his military edicts,
e has to hold all the property of the
ry subject to his military requisitions.
side
in th
than
cola
. - ..
'He is not the military commander of tl o
i!itizens ofthiatates, bnt of its soldiers.
4ply . ,' t, .k,*•( ~ inctples to the proclam ; •
tielSifinfi gil'ers 'i)f the President. The •
ati(Wot desvied to meet an existing eme
g44 : ,iti siit4,particular military ope : -
tiotc•ln thereld ; they prescribe futur6
rtiles - ofaciiiin touching the persons and
property of citizens. They are to takh
0%04110t :Merely . within the scope of mil
itary operations in the field or in their
neighborhood, but throughout the entire
country, or great portions thereof. Their
subject matter is not military offenses, or
military relations, but civil offenses and
domestic relations ; the relation of Mast 1
7 3
and servant ; the offenses of "disloyalty o
treasonable practices." Their purposei
not to meet some existing and instant
military emergency, but to provide foi.
distant events, which may or may not oc
cur ; and whose connections, if they shoal
coincide with any particular military: .o
erations, are indirect, remote, casual ' an :
possible merely.
It is manifest that in proclaiming thes
edicts the President is not acting nod
the authority of military law ; first, becans
military law extends only over the person
actually enlisted in the military service;
and second, because these persons 'sr
'governed by laws enacted by the legial -
tive power. It is equally manifest that h
is not acting under that implied authority
which grows out of particular actual mill
.
Lary operations ; for these executive de
i crees do not spring from the special emer
gencies of any particular military-opera
tions, and are not limited to any field
which any such operations are Carrie
on.
Whence, then, do these edicts spring
Pile) , spring from the assumed power t.
extend martial law over the whole-territol
lry of the United States ; a power for th;
:exercise of which by the President ther,l
is no warrant whatever in the Constitution
la power which no free people could con
Ifer upon an executive officer, and.remai.
la free people. For it would make hi..
the absolute master of their liyes, the'
liberties and their property, with powe
to delegate his mastership to such of
satraps as he might select, or as might be
imposed on his credulity or his fears.
'Amidst the great dangers which encom-
pass us, in our struggles to encounter
them, in our natural eagerness to lay-hold'
. of efficient means to accomplish our vast
lallors, let .us beware how we borrow
weapons from the armory of arbitrary
Power. They cannot be, wielded by the
hands of a free people. Their blows will
linally fall upon themselves.
f Distracted- councils, divided strength,
are the very earliest effects of an attempt
to use them. What lies beyond no patriot
is now willing to attempt to c look upon.
Eighteenth Congressional District
—Official.
The following is the official result in the
Eighteenth Congressional District:
Clinton •
centre
Lycoming
Tiogn
Potter -
639 9,272 8,855
Hale's majority over Armstrong 417.
By a blunder of the Return Judges, the
vote of Armstrong in Clinton county is re
turned at 1,038 instead of 1.083. Hale's
correct majority in the district is 372. As
the error does not alter the result, it is of
no importance.
Chas. Francis Adams Versus Chas.
Sumner
iThe People's State Convention of Mas
sachusetts met at Springfield last Friday
says the World, and put Hon. Charles
Francis Adams in domination for United
States Senator in opposition to Hon.
Charles Sumner. This probably secures
the defeat of the latter. We are assured
from private sources that the vote in the
old Bay State on the 4th of November
next will astonish the nation. The mis
conduct of the war, the infringement of
personal rights, the deplorable state of
the finances, and the dangerous powers
claimed by the President in his recent
preclarnations have set the people of that
State to thinking, and the result will not
pi:6 , le favorable to the administration.—
All the moderate people of Massachusetts
are giving in their adherece to the Peo
ple's orrranization, and Gov. Andrew's
prospect of a re-election is considered du
bious. Mr. Sumner's friends, in insisting
upon loyalty to their candidate as a test
of Republican membership, have driven
tens of thousands into the ranks of the
opposition. The Springfield Republican
—the most influential of - the administra :
tion organs out of Boston—has declare&
for the People's ticket and against Sums
ner;
Cavalry from San Francisco.
It is stated that Mr. Rankin, collector
of the port of San Francisco, now in Boa
tondias tendered Gov. Andrew a company
of cavalry of Massachusetts men in Cali
fornia, on the condition that the expenses
of transportation to the East shall be paid.
Governor Andrew has acceded to the
proposition, and the company will be as
signed as part of the quota of the city of
Boston, if accepted by the city govern
ment.
, The Canvass in Massachusetts.
Political feeling runs high in hiassachit
settsi where the election turns chiefly on
the re-election of Charles Sumner to the
United States Senate. He is stumping
the State vigorously in his own behalf,
and bakes a speech almost every night,
besides occasional ones during the day.
. _
At his rei.dence on Denman street, near Carson,
Eirnaiiigham. on Tuesday mornigg. Oct. 28th. at
2 o'clook and 20 minutes, of chronic inflammation
of the stomach. r.SAM I'EL MILLER. aged 47
years. 1 month and 26 days,
The friends of the family are respedtially invi
ted to attend the funeral on Thursday morning at
10 o'clock, (not at 2 o'clock to-day, us announced
in the 'vening Papers.)
p
G. 01 3 CIDER ALL TH d
E YEAR
ROUND.
lengtpite of Lime will preserve Cider for any v .;
ho f time.
Liroctiona for it* oTake one quarter of an
ounce for every gallon of Cider, or ten ounces of
the Sulehite to every barrel of forty gallons—first
mixing it with some Cider or water. After a few
days
rel.draw off the Cider carefully into another
bar
For sale in bottles containing a sufficient quan.
tity for one barrel of Cider. by
SIMON JOHNSTON.
0c33 corner Smithfield and Fourth streets.
MANHOOD-
ROW !LOST! ROW RESTORED!
Just published, In a Sealed Envelops. Prioe
Sia Cents.
A LECTUR E ON THE NATURE. TREAT
MENT and Radical Cure of Spermatorrhcaa
Seminal !Weakness. Involuntary Bll2ll3iSSi9llB,
Sexual Debility, and Impedimenta to, Marriage
generally,LNervommess. Consumption. Epilepsy
and
from
Mental and Physical Incapacity. result
ing from ISelf-Abase, As.—By ROBT. J. CUL
VERWELL, M. D.. Author of the Green Book. Ito
"A Boon to Thousands of Sufferers."
Sent und4 seal. in a plain envelops., to any ad
dress. Pon paid, on receipt of six earths or tare
postage stamps. by Dr. CH. J. C. M1...U7E
Bow New York. Post Ofilce Box, 4thitilf
an7:3m- w
SBAN RESIDENCE TO LET,
viz: present dwel ing house, with its
appendagei of large garden, and abundance of
forest. frail trees and herbage. situate on Center
Avenue. within gunshot of the city line. and of
easy seems roads and rail cam. A genteel and
careful family. willing to take me as a day
hdartler. prefer. ed. Enquire of th• subscriber on
the premises. ALEX. BRACKENRIDGE,
ocl7:3bikethitf Center Avenue. Pitt tp.
BASS A I TENOR DREAM,
od irt recigyed by J. H MELLOR
Childs. Halo. Armstrong.
335 1,211 1,038
100 2,782 1,419
000 3,681 2,630
005 1,117 2;786
000 421 1 082
lave. You Bought X' o o 1.
; FALL AND WINTER
; 0 ots I, Shoes and Gums,Yet?
NOT, CALL AND EXAMINE OUR
arge and well selected stock of a I kinds.
• 3h will ly ie sold at as low prices as An other
- : blishment west of the mountains.
-member the place, at
AOS. H. BORLAND'S,
. eat. oisii Store, No. 9 8 Market street, sec
door from Fifth.
11=1.
(0c24.1
Aopportunity which seldom occurs is now af
srd d to every one desiring a good Watch
,'at
;at an
xi
see inglyl low 'rice. We are determined to
r
lose out a very large importation of Watches at
me less than they coat previous to the recent
ea tariff
.b_eing placed upon them. tipen
to aompcisuran cased Lapin es, beautifully en
ray , tl, with white or fancy dial a fine imitation
rgp (I, 9 9,00. The Railway Timekeeper, coin-
DPI on cases , over which fine gold is e.'eotro
late . handsomely engraved, beautiful chased
.als d fancy bands, $lO,OO. Hunting silver
at Army * Watch. handsomely- engraved,
10, . Ranting . silver plated Army . Watch;
e
cry uperior, $16,00. Small site, open face.
electr -plated with gold, for ladies, very pretty
and eat,..51.p,00. Hunting composition cased -
Leve Engliah make, capped. full jewelled, an
excell nt imitation of gold, $15.00. The magic
i
Time bserver, the outer case of sixteen' 'carat
gold, ver movement and engraved in the finest
style, mcs; excellent timepiece, s so,Ao. •
Par "es at a .ctistance have only to name the ar- .
ticle d fired , and emit the amount in a register
ed let r and the' atch will be sent them ; or
they e n send their order and pay when the Watch
is de vered Circulars, with full descriptions
and pr cos, sent to any add-ess. We arelmtinu
fisotur re, also, of Vest Chains. Rinp. Lockets,
sleeve uttons and Studs. Bosom and isscsf Pius.
.1-e., a d wilt fill allorders at much less than the
usual ices. Send for a Circular-, Address
Corn r of il ltute rßß a A ct ß an D d ß J ß oen T s li ta E ., R N S ew ag CO., Yo.tic.
oelli.' d 1
i t
11/140DEONN AN D HARMONI VHS
at $45, $OO, S I 3 and $lOO t $123 and $l3O.
Just re • ived ofsplendid lot of these instruments
from - ~ ason de Hamlin's manufactory. Boston.
and pn hosed before any advance in price. For
ale by r JOHN H. MELLOR.
°ell SI Wood Etre e`.
IGNOR REST—The third and fourth stories of
IV the new building No. 21 Fifth street, n ear
Market. The fourth story, 22x100 feet, is being
gued up or a first class DAGIMEtREAN GAL
LERY. . 0 locadon being one ofethe beet in the
city. Th . third ;story is two oorapartments, well
suited fo offices., and will be rented separately or
together. Apply to J. L. OARNAGRAN.
sep9 ' ederal at., near Diamond. - lleghens • -
MERCH Nlll AND Ma lIPMITURER'S )3/ NT, 1
October 13th, 1862: f
titAL E • 1141111 FOR oißEcirons OR
this Bank will Le held at the Banking
House on le third Monday of November next,
betwebn .0 hours of ten and two • also ageneral
meeting C the stockholders will be bald :at the
same woo., on the first ti uesday of November
next at o'elock a. in,
°Mad W. H DENNl,Cashier.
_ .
TOTDAY'S ADVIlta • 1 ; 3 'TS
Nrex; -rpr •14 " .
.
AT ANE tarsott F TaxE 'AIX" 11 4 ''"aamnfll
1111:. 'of the SteambeatiCaptaies BOSivelMs-
POCiiiloo, held at thelelto casJOetcibet
it will tweed thi no freight bareceitiaton
thei4-httlits unless itibiect to the witr. eleatie; as
adopted. the A elk:elation. ;.,St,ilioars be
faroishedlvith bills ofladiait with the warcrOue
inserted ;;b Bl l ol7lllt at thermos of )244sseele
tion, No 94 Water street.
i By older ofthe Boarti.
' : J. B, L.IVINGSTON. Seely
ATTENTION 15th REGIMENT
Dry P. 8 M. Regimental drill, Friday the
31st: Commanders of companies aiB parade
their respective commands .at the aead oaten!.
Fifth streot,'Binit Block. at 2 ti'olook
By otdir of
IL GALWAY,
CoL Com. I.sth Regt. P. 6. M
INDIA RUDDER HAVELOCKS--AN
-N. OTttER supply j uat received at the 'lndia Rut
ber JD ep o r, 26 'gad VI St. 'Clair itreet
oclgtf, - I; & a - . RaLLI.PS.
~.,..
11MA.
1
OTtI.E.It lot warrented. to stand beat or cola
Suet received at 20:aad *8 St. Clair street.. -
.co2Btf. • a sr
INDIA BVBBER DRINDI fo ND CILTps
arid Filterers 'or soldiers' see"r sale at 26
and 28 St Clair street. J. & PIILLLITS.--
odSif. . ,
AMERICAN WATCHES
•
FOR SOLDIERS
"IR PERSONS THAT ARE OBLIGED
V to give a watch bard, usage. ati times. They
are pat up in ve•y heavy tiilver-bunting cases,
neatly finished, simple in construction, and not at
all apt to get out ot o der, neither riding on home
back. :or Railroad will effect them, and for correct
ness of time, they are equal to the .best Foreign
Watches imported.
REINEMAN, MEYRAN & SEIDLE,
WAGES ALE AGENTS, 42 F4TII STREET,
oc.27tf,
TO THE
CITIZENS OF PITTTSBURCH
EEO]
- wator_m wc•rtr_, D
Remember thitt you non buy
BOOTS AND SHOES
AT ABOUT HALF Pitlck;
Concert Hall Shoe Store
0c25 62 FIFTH STREET
EW GOODS JTXT RECEIVED
EATON, mAcßum & co.,
KOS. 17 AND 19 ,FIFTH STREET.
We invite special attention to a choice selection
of NEW GOODS, just received. All the new and
desirable styles of
Dress Trimmings,
French Embroideries,
Lake and Tissue Veils,
Real Lace Collars and Sets,
Trimmings and sonnet Ribbons;
I .adies H ndM pS sskeisr Balmor al
s Skits,
Boston Ribbed Hose,
GloveS. Gauntlets and Mittens,
Zephyr and Shetland Wools,
unit Hoods and Sontag*
Head Dresses nr Net
Ladles' Wool cutlera g
Gar H m ai ents s, ,
1
ents ,, Shirts and Collars,
Reek Ties, Stimiemle.s, Handk'ls
Merino, Silk antr Wool '
Undershirts and Drawers.
Cash buyers supplied in quantity .at lowest
irioes.
EATON, MACRUM dt CO
Nos. 17 and 10 Fifth stree
HOES, SHOES,
SHOES, SHOES,
SHOES, SHOES,
SHOES SHOES,
SHOES, SHOES, SHOES
SHOES, SHOES, SHOES
SHOES, SHOES, SHOES
Of all Hinds at
BUCLELLAND'S AUCTION.
IN'CLELLAND'S AUCTION.
111, CLELLANWS A V
oa",
PIRITS TURPENTINE AND CAM
PHENE,
Fpirits Turpentine and Campheue.
iri!e Turpentine and Camphene.
Spiri s Turpentine and Cainpitene,
ALIO
SUPERIOR BURNING FLUID.
fiIJPERIOR BURNING FI.ULD,
SUPERIOR BURNING FLUID,
A rbon Oil Carbon OiA.! K o
'rbon Oil! Carbon 081
rbon Oil! Carbon Oil! fs
—AT—
JOSEPH FLEMINGT,
JOBr.PH FLEMING 81,
JOSEPH FLEMING'S,
orner of the Diamond and Market Streets,
orner of the Diamond and Market Streets.
P P L ES . —5l lI&RRELN CHOICE
ilusseti just received and for rale by
J AS. A. FETZER,
Corner Market and First street.
A2S I LfY FLO II R. —5O BARRELS
Family Flour !wit received and fordo by
JAB. A. FETZER.
4 corner 'Market d First Streets.
HES 1 WATCHES !! WATCHES
Tb-15AIPS ADVERTISE-MMIN;118
CITY/
d St. Claw
41.. T
of Petn "
Ell.• •
Pr
M•
pap con!al I A.
li,gy cow.. d.l,sllnng
nu -
a ,
streets. Wed A raCiES
JAMES RORR,
NO. 89 MARKET STREET
Has now on hand a large stook of fall and wintel
13 001'S A ND Si-01 ,
Comprising all the different varieties and styles
to befouod. -
Ladies', Misses and - Children's Balmoral Boots.
,wiLhAtmbleand tripplesoles,,
AlfStle; Boys' and, Youth's Cal& Coarse and Kip
3io6ts; Shoes and Brogans,
IldLens' Long Leged Water Preis( Cavalry Boots
of a very superior quality,
tiCalland examine blest-0k as' he warrants his
iooda to give generll i • faction:.
oo MES 8080,
:N 89 Market E treat-.
0,11011 (1:TAITARUABTPIt it 8. A RUT,).
Pittsburgh. Pa.. Oct. L-lith. 1862.
GIEALED PROPOSALS WILL BE RE.
at.this *office unti , 12 o dent D. on
prox.mo. for deliver nmit
- near Pittsburgh. Pa., in such quantit i ., 3
ant at such times its ma y be required ny the an.
dersigned. One Thousand Cords of m. robautable
biekorY cr,whitetiak irk ed.und Thirty 'fly nand
;bushels of geed. merchantable Stone Coal. Bus
will Le received,for non • less these One Hundred
cents of wood. sad , tor nono less than Ten Thou
sand bushels of coal.
;'Proposals-must be accompanied by a prtper
guaranty for the fulfillment ((the contract.
Blank forme of the proposal and go .rtnty will
be obtained at this whoa. ions,. the t ufßoca
Greensburg and John .tewn. Ilia right to r eject
an, or all bide is reserved.
Bi dens must be present when the bids an
opened.. •
Bids not properly guarsnteed will be rejected.
Bond to the amount of the respective bids
signed by the contractors and - their guarantees
will be required.
he pr-posala mist bo endorsed "Proposals for
furnishing Rued" A. MONTGOMERY,
oda Major and Quartermaster Li S. A.
SHAWLS, CLOAKS AND DRESS
.. • GOODS ,
new and beautiful styles.
BALIIORAL AND 1100 P-SKIRTS.
NEEDLE WORK AND HOSIERY.
MITSLINS, inZINTS AND C ECUS.
PLAIN AND PLA CD FLANNELS_
Wholesale buyers will find man; of tho above
°oda at leas than Eastern market r.rice3.'
TERMS, CASH
C. HANSON 1.014 1 &
74 Market 'Street.
cALfronimt wirxEs.
CALIFORNIA WI STEN,
CALI FORDIA WIN EP,
CALIFORNIA' WINES,
I am in receipt oft, lot of pure Palifornin
consisting of
ANGELICA,
2111 1 1, SfUTALL, and
• PORT.
These wines arc, for medical -purposes. an psrio
to any American. and et/ uat to the bt Earopeat
wines. The attention of invalids partioularb
called to these wines. Bold by
JOSEPH FLEMING.
•
JOSEPH FL ' , MING.
JOSEPH FLEEING,
corner Market street and the Diamond.
Cotner Market street and the Diamond,
corner Market street and the Diamond.
0c25
• Si—vicklev•
Jewickley Academy.
A CLASSICAL AND comaszacreti
Bow ding Bchool for boys, on the Pittsburgh
Fort Wayne & Chicago Icahowl, twenty.ts•
miles from Pittsburgh. isev.
Principal. The forty firstm34oll If:llcomment'.
on MO NDAI, Nov. 3rd, 1 562 .
Circulars at JOHN IR WIN . . 41E CO.. 57 Wats
street. or at J. LEN EVIN & CO., 351,lpe r ty ri.
oc24:lTrd
FOR ARMY USE
meci.iNTocil a SON,
112 !SARRE.' STREET
IWEE T POTATOE S .-1! ISARRELf
ehoine Sweet Potatoes just tee. iced a‘ d to
sale by •J AS, A, PR] ZER.
oe2 Corner Market and Eirst StrertS.
P lO HTH I UND BBD . DOLLj ts 'LW 1
AU purchase s• neat three fl'ozy brosk
house of sig-roonss, ftnisned attnytwo cellars ant
lot of ground Situateos . acocirstreet Alleshen
city. Apply to &SO• 8,
0c24
fa Market street.
CA LL AT mAciitust tt- WADE'S.
and supply yourselves, with
FALL and WIN PE R HOSIERY and OLOVEE
BALMORAL-HOSE, fur /adios andAnissos.
BOSTON RIBBED DOsE, for ladies and a itIBIN
FLEECY LINED HOSE. for ladles and misuec
KID, CLOTH. SILK and WOOL OLO vEI3
GAUNTLETS and MITTENS.
WOOL HOODS, SCARY 3, NUBIAS, MUFFte
ARMLETS, SONTAGS. LEGGINS.
GENTLEMEN'S UNDERSHIRTS' nd DRAW
ERS. TRA VELING and LINEN. SHIRTS,
TIES, COLLARS. MUFFLERS, (lAUNT-
LETS and GLOVES, WOOL, ME.:
RINO and COTTON HOSE.
- - -•
And many other articles suitable for the col,
season at the lowest prices.
MACIVUM & 01 4 Y DE,
78 Market at., between 'Tomtit and Diamond
nen: '
FELT SHOES I
FELT SHoES!!
FELT SUOES !!
Sure preventative of cold feet, .
at, DIFFENBACITERS,
lb Fifth etieeti near Market
TWO 7-00 T. 8001101 -
INT BECE•WiIa NAN
UFAOTORYnf HAMILTON. BROTHER&
New York. These Pianos are warranted to be
equal to anv made In this emintry in erarY par
tioular, and will be sold at reasonable
.ralaaa•
Every instrument of this make - will be warranted
by the subsoribenfor five rears. - -
For sale by JOHN H. MELLOR.
oe2 • 81 Wood area.
N I" lA. N 1) .
S _
E; IX NEW AND !IMPED RONEWOOD
7 OCTAVE PIANOS. with all the recent tin -
erovements. and of the most elegannatYles, just
received from the old efrabltsited and celebrated
firm of LIALLETF. DAVIS L. , C 7., 800 on.
These Pianos will be warranted by the manufac
turers and the subscriber to, all purchasers.
Prices the same as at Boston.
For sale by JOIDI H. MELLOR.
0023„ 81 Wood greet.
.
ilavEslDEnrcE ICE
for sale.—A comfortable, well-built mansion
hours, of twelve rooms, ball, two parlors. marble
mantles aniibearths, Library, bath-room. eta:
stable; ice boils°, .large garden. variety of fruit
trees, shrubbery, flowers and vines Pleasantly
ittuite about five minutes walk from the station.
For price and tonne apply to •
B. CUTHBERT k FONS,
oeSi Commerd'al Brokers.
• ,51Market stmt.
•
B AGS! BAGS I BAGS !!
24000 Seamless 'Saga:
6,0 W Gnmsy Bags
1,000 Bowbay Sacks;
2 509 Large Heavy Linen .
5,000 Army Oats and Corn Books ;
WO Salt Sacks—For sale by
HiI'OHCOCK. & CO,
sel2-3mis • , • 18 1Seoond strims
REAL BARGAINS--
have now in store FIVE 8% tine* ootire
CHICKERING PLA.NOS, perfect order in
every Tesect. whi c h
ing been in n , e but a very
short time, which Lwili sell at about ONE. HAW?
the original cost. Also on hand some geed sec
ond•hand pianos of other makers from 840'
Forsale by • Jail rg H. MELLOR .
Worxi
SIX WILES JP ,H IE RIVER, WE
have for pale a beautiful hotuestetvi, of a
acres Of good land. With vroodlard.. orchard of
2 acres of choice fruit, a lama Mansion House of
hall and ten rooms, conveniewly illsranfted,
porehes. verandah. &c.. Barn and Stable, all iu
- m o i d d * evrandpyoa amyau at.e steamboatnanti
e.
railway; For twice and term. apply tour add: est.
oVTFIRERT ktiOZl.
?onunartl Braaten.