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ft iiP - , f ! mii It ! CADIZ, OHIO, WEDNESDAY, NOVEMBER 12, 1863. TERMS-St50 VOLUME 29, NO 8. i .1 .1 r; Ce ,Cabij StntintL What to no with flie Ncrr The African Iiavitvd lo Cinciuuati. Now that the decree has gone forth that slavery is to be abolished, the question,' "What is to be done with the Negro," becomes a practical one to the party"by whom he is emancipa ted; Heretofore when we have been inclined to discuss it hypothetical upon the ground that it was wise to study and determine to what use he could be put before he was accepted we have been answered by the sugges tion that when slavery should bb abol ished would be time to take the mailer into consideration.' At present, there fore, we occupy toward it the position of an observer rather than of a party, with no desire to shoulder any of the responsibility. Let those who have won the elephant now find a place to put him; and as every man in the free States is interested in the result, the better the disposition they make, the belter all will be satisfied. The New York Times has an article upon the subject; but it simply otutes the case, and asks the question: a thing considerably easier than to answer it. It assumes that slavery has received its death blow "that the spark lias been applied te the magazine," and that "not all the water of tlie ocean can extinguish, nor all the weight of the globe repress it;" and it in quires: "What comc3 of the explosion? thirtyfour free. States and four millions of freed persons of African descent." It then proceeds: H "What is to be done with these people? I hey are the nation s loundlings. freedom violated by tyranny has been brought lo binh in the fullness of tim -, and in great pain has been delivered of lour millions of hapless children. They are laid nt our door. They are the nation's foundlings, and we must caro fur them or they will perish. See, what is their condition! They are naked, hungry and helpless. They have no property not 1.0 much as a rood ol land wherein to be bu ried. Tbey have no lood not so much as to keep soul and bidy togother for a week. They have no clothes not so much as to cover their nakedness once; and any change l-i-Mo nuiity! They have no friends lor who can afford to be a friend to the slave when common calamities are upon the conn try, compelling every soul to take care ol his own; and even tint burthen is not light. They have no family sympathies and sup port. These would go far to make abject poverty tolerable; for natural feeling would insure attention in extreme cases Of suffering. Jlut all ties of family have been lightly re fl girded m the midst ol slavery, and its cir cles are lew and narrow. Lvery enrranchi sed slave is rtrus scon to be a pauper land less, friendless, homeless, naked and hungry. They have no education, for the law forbade them to taste of the fruits -ol the tree of .knowledge. They have no habits of thrift and providence; lot their labor was ever en forced and reluctant; and the care for their animal wants, even, was always assumed by others. What shall be done with these hun gry and helpless millions?" Well, what is to be done? Now, if these freed persons of African descent, relieved from "the depressing effects of their servitude," and exalted to the lofty condition of "free American la bors," shall become intelligent, indus tnous, sclf-sustaing and useful mem- j bers of society, Northern or Southern, j and the economical interests of the country and the status of free labor elevated ' and benefitted by : the niango, then all the pledges made by the Itepublico-Abolition journals and politicians will be redeemed, and their party will have the right to claim at the hands of the people all the credit that is due for' their safe deliverance from so hazardous an enterprise. JJut suppose they do not; what then? There is, at least, a possibility that they will not. When things comes to be tried, and everybody is cognizant of the result, ; there "Will be bo further room for misrepresentation. . When m these four millions of national found 1 lings are born an i laid at our door, the consequences may present the question whether it would not have been better to have let them remain as they were If the defects of character of the Af rican, which are charged as the pro- jition of a state of bondage, should turn out as we have , no doubt they will--to be native and irradicablo, the results will .be bad beyond the power of imagination to conceive; and philanthropy will have achieved one of i flits characteristic triumphs, , in the de 1 struction of the party in whose favor ts sympathies were enlisted.. , But the Abolition programme does tot close with manumission.. Like all ne idcad radicalisms, it proposes to 0 to the farthest extremity, and blindly Uk all the consequences. It is al pady tacitly conceded that emancipa ion alone will not elevate tho megro to te standard of, the white man. , The j;;araple of our own free colored popu- iVn toaub.es this fact, and it is be inning to be understood. lie must lifted higher and the next step is ihtical enirancmsement the endow' ment with civil rights, equal to those enjoyed by his white fellow-citizen. The Abolition Governor of Michigan has recently broken ground upon this subject. He believes that "the time has come when the colored men of A mcrica should be allowed to assume their rightful position as citizens of the Republic, upon an equality with their white brethren." He says: 'We have, by the scorn of the community and its oppressive laws, driven the colored man, in most instances, into the mast menial employments, (none other being left opes to him) and thus has be become blacker of wbite men 8 boots and a sweeper ol white men's chimneys. But who shall say, under a system of just and equal laws laws which shall ctrengthen his hopes, protect his rights and elevate him to the rights ol a cltieen, he win become nothing elsec But this will not answer the purpose. Equality of civil rights does not give social equality in the case of the white man, why should it in the case of the negro? There will be another step ne ecssary to complete the work: the en actment of laws to compel social equal ity, and the association of the races. This is what Abolition means Short of this is does not intend to stop; and if it fails to carry its point in this re spect, will charge all the misfortunes that flow from Abolition to tho "great national sin" of refusing to take tho negro into the bosom of white society. The common trick of that which is called philantropy i3 to exalt its object above its deserts. Wo have those among tts who worship the negro: who see in him a mine of excellence which only needs working to produce the richest results:' who really believe that in him lie hidden and concealed the germs of a perfection to which human ity has never yet attained the full re alization of the most exalted and sub liirated ideal. They are fools upon this point of course. Their opinion is contrary to all reason and evidence; contrary to testimony continually be fore their eyes; but they hold it none the less firmly on that account. Think ing that injustice has been done to their idol, they are anxious to do some thing very extravagant in his favor. They want to thrust him upon those whom they consider his enemies: to force that society which refuses to ac cept him ns on element, to swallow him asa medicine. We have before us an advertisement which appeared, a few days ago, in a newspaper of this city. It purports to bo an appeal to charity for the run away negroes who have come among us: it is also, in fact, an invitation for others to come, with the assurance that they will be taken care of. It reads as follows: "Appeal to thk CrrtstiadT Public. The constant arrival in our city of persons madelree by the Proclamation of our noble ('resident, has induced the undersigned to form themselves into an association, to be called the Freed Men's Aid Society, ol( Cincinnati, with a view of extending reliel to thore helpless and homeless victims of cruel ty, many ol whom arrive here naked, penni leas and sick, &c; others of tbem are healthy strong and willing to labor, but poor and strangers, ignorant of the manners &c, of this section. The undersigned, feeling it a christian duty to relieve the immediate wants' ol the first, and assist, the latter to procure employment, in- the name of suffering hu manity we call upon the liberal hearted of the Slate and city for such contributors in clothing, provisions or money as they may please to give. Kemember, 'He that giveth to the poor lendeth to to the Lord.' "Levi Coffin, Treasurer. "T. Grosa, General Agent: Address, No. 9, seventh street, east ol Main. "Rev. J.G. Fee and Ksv. W. Shelton, Traveling Agents. , "Win. Ferguson, B. G. Ball, T. E. Knox and T. J. Good, Board rf Directors. "G. 11. Graham, President, "li. U. Ball, Secretary. "Persons wantios help will please address T. Gross, No. 9 Seventh btreet, east of Mam." A cold and dreary winter is approach ing, with whose icy breath we have al ready been made acquainted. Provis ions are high, fuel exorbitantly so, and the value of the current money depre ciating. Never had we half go many helpless women and children among us, never were means so scanty for their subsistence. Charity is languid from the number of fancy enterprises in which it has been engaged; and within the coming four or five months multitudes will suffer and rrany die from cold and starvation. Beneath the comfortable classes there will be per fect hordes of hungry, freezing people of our own race and color: people ma ny of whom were as well-born, as ten derly bred, and those who are in every respect as worthy, as frugal, and as willing to labor as others who have drawn the best prizes in the lottery of life. ' , Do we ndedj under the circumstan ces, any more negroes ; among us? Are there ( not enough' of r objects of charity in , the city, without inviting more? Could not the highly respecta ble persons whose names appear in this advertisement be better occupied in finding employment for those white people of Cincinnati over whom frost and starvation hang imminent, than in inviting others to come and compete with them in a struggle in which life is involved? Are the negroes so supc rior to those of our own color that they must be brought in to receive the bread of which there is scarce enough for one? We do not appeal to philanthropists: they are inexorable. Like all idola tors, the meaner their deity, the more abie'ctW will they worship him. The African never loves his God so fer vently as when he has been freshly be daubed with offal. Our philanthropic fellow-citizens are in the midst of a paroxysm of African ferver. But to others we would say: It is not meet to take the children's bread and give it to strangers. Remember the wid ows and . orphans, the poor and the houseless among our own people, and let Mr. Levi Coffin and his associates have their sooty divinity all to them selves. Cin. Enq. Thanksgiving. In accordance with "the time-honored custom, adopted by tho fathers of our State, of setting apart one day in each year for praise," thanksgiving and prayer to Almighty God, for his goodness and mercy to us as a people," Governor Tod has appointed the twenty-seventh day of the present month to be observed as a day of Thanksgiv ing. It has been a time honored cus tom with the Governors of Ohio, also, in their thanksgiving proclamations, to set forth the particular marks of Divine favor which the people have enjoyed during the year that is past, in order to give directionjand unity to their devotional exercises. This time-honored precedent Gov. Tod appears to have overlooked or in tentionally disregarded. Indeed the providential dispensations to which he alludes are rather of a grievous than a joyous character, and suggestive more of humiliation and supplicatory, than of exultation and gratulatory devotion. Hitherto we have been told to be thank ful for that peace to which we have been indebted for our unparalleled progress, prosperity and happiness: for those noble and perfect institutions, transmitted to U3 from patriotic sires of the Revolution, by whose means personal liberty, freedom of speech, of the press and of opinion have been made secure to us and our posterity forever. It is to be hoped that it was not in the fear of awakening reflections which he would prefer not to arise, that these things were omitted. Governor Tod does not even men tion our victories in the war, and our prospects of restoring the Union, as a subject of thanksgiving. . In a war carried on in such huge dimensions, and for a cause which, we are assured by so many who profess to know, is so dear to the heart of the Almighty, it is strange indeed that a gentleman so well informed could not find something, in its progress and its successes, for which we ought to be thankful; and we should, at least, have been inform ed, upon a matter so essential, whether the failure of cause for gratitude is due to our Generals in the field, or to some miscalculation touching the Di vine will in the premises. , . Governor Tod does not suggest that we ought to be thankful for the impor tant victories gained by . the people in the recent elections. In these, we fear, through the judicial blindness which too great devotion to party is apt to inflict, he fails to see the hand of God as plainly as he ought. This, in an officer clothed with religious functions so extensive in the leader of the de votions of two millions of people is an oversight which we were not prepa red to observe, and places him in the attitude we hope erroneously of one who repines at manifest Providential dispensations. . Governor Tod also omits what we look upon as the principal reason for giving thanks at this time that things are no worse. It is upon this ground that we shall eat our turkey, and upon this idea that we shall give direction to oUr devotional exercises. The sky, the land and a remnant of the people are left us. ' The sun will shine and the rain will fall, We have recollec tions of a glorious past, and that hope which springs eternal in the human breast in the future. In all that does not depend on man's wisdom, and is above the reach of his folly in nature and its author we have hope; and for this we (will give thanks.-Cin, En quircPi ' . c THE ffllLlTAtlY POW'eU OF Till? rUKSIDENT. Able Opinion of Kir. Curtis. We make the following liberal extract from a recent pamphlet written by the Hon. Benjamin U. Curtis, ol Boston, late justice of the United States Supreme Court, nnd the distinguished author of the masterly dissenting opinion in the Dred Scott case: The Proclamation of emancipation, if ta ken to mean what in terms it asserts, is an executive decree that on the first day of January next all persens held as slaves, with in such States or parts of Stales, as shall thon be designated, shall cease to be lawfully held lo service, and may, by their own efforts and with the aid of tha military power of the United States, vindicate their lawful rights to their personal freedom. The persons who are the subjects of this proclamation are held to service by the law of the respective Stales in which they reside enacted by State authority, as clear and nu questionable, under our system of govern ment, as any law passed by any State on any subject. This proclamation ' then,' by all exe cutive decree, proposes to repeal and annul- valid State laws which regulate the domestic relations of their peuple. Such is the mode of operation of the decree. The next observable characteristic is that this executive decree holds out this propos ed repeal of date laws as a tbieatened pen alty for the continuance of a governing ma jority of the people of each state, or part of a State, In rebellion against the United States. SO that the President hereby as sumes to himself the power to denounce it as a punishment against the entire people of a State, that the Valid laws of that Statet which regulate the domestic condition ol its inhabitants, shall become null and void, at a certain future date, by reason of the criminal conduct ol a governing majority of its peo ple. This penalty however it should be observ ed, is not to be inflicted on those persons who have been guilty of treason. The free dom of their slaves was already provided for by the act of Congress recited in a subse quent part ol the proclamation. . It is not, therefore as a punishment of guilty persons that the commander in chief decrees the Ireedom of slaves of loyal persons, or of those who, from their tender years or other disability, cannot be either disloyal or other wise, that the proclamation is lo operate, if at all; and it is is to operate to set them free, in spite of the valid laws ol their States, because a majority of the legal voters do not send representatives to Congress. Now it is easy to understand how persons held to service under the laws of these States, and bow 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 violated by physi cal farce. But 1 do not understand it to be the purpose of the President to incite a part of the inhabitants ol the United States to rise in insurrection against valid laws, ea that, by Virtue of some power which he hneunaD.a ka nrrv nAUaQ t n Annul lliAGA loura so that, they are no lougor to'have any oper ation. ' The second proclamation and the orders of the Secretary of War which follow it, place every citizen of the tinned States un der the direct military command and control ol the 1 resident. They declare and define new (offenses, not known to any law of the United States. Thoy subject all citizens to be imprisoned under a military order, at the pleasure of the President, when, where, and eo long as he, or whoever is acting for him may choose. Xhey hold the citizens to trial lielbre a. commission appointed by the President, or bis representative for such acts or omissions as the President may think proper to decreo to bo offensive; and tbey subject him to such punishment as curb military commission may be pleased to in flict. They create new offices, in such num ber, and whose occupants are to receive such compensations as the President may direct; and the holders of these offices scat tered through the States, but with one chief inquisitor at Washington, are to inspect 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 statement of the nature and extent of the powers asserted in these executive proclamations. What is the source of these vast powers; Have they any limit? Are they divided Iroin, or are they utierly inconsistent with the Constitution of the United S ates? The only supposed source or measure of these vast powers appears to have been des ignated by the President, in his reply to the address of the Chicago clergyman, in the following woids: "Understand X raise no objection to it on legal or unconstitutional grounds; lor, m commandtr-m ihirf of the army and navy, in time of war I wppose I have a right to talce any measure which may beat subdue the enemy." This is a cWat and frank declaration ol J: resident respecting the oiigin and extent of the power he supposes himself to possess; and so far as I know no tourct of these powers other than tne authority of Commander-in-chief in time of war has been suggested. Thorn has been much discussion concern ing the question whether the power te sus pend the "privilege ol the wiit of habeas corpus" is confirmed by Ihe Constitution OJ Congress or on the President. The only judicial decisions which have been made up on this question have been adverse to tne power of the President. Still, very able lawyers have endeavored to maintain per haps to the satisfaction of others have main tained, that the power to deprive a particular person of the "privilege of the 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 render it inoperattvo, and consequent ly that Congress alone can prohibit the courts from issuing the writ, yet that the execu live mig'it, in particular cases, suspend or deny the privilege which the writ was d signed to secure. 1 am not aware that any one has attempted to show that under this grant of power to suspend "ihe privilege of the writ of habeas corpus," the President may annul the laws ol States, create new offenses unlanowr, to the laws of the United States, erect military commissions to try and punish them, and then, by a sweeping drcree, suspend tha writ othabeas corpus as to all persons who shall be "arrested by any military authority." I think he would make a more bold than wise experiment on . the credulity of the people who should attempt to convince them that this power is to be found in the habeas corpus clause of the Con stitution. No such attempt has been, and I think none such will be made. And there fore, I repeat, that no other source of this power has ever been suggested, save that des cribed by the President himself, as belonging to him as the commander in chief. It must be obvious to the meanest capa city that, If the President of the United States has ad implied constitutional right, as commander in-chief of the army and navy, In time ol War. to disregard any one po.ltive prohibition Of the Constitution,' r to exercise any one power not delegated tt the United State by the Constitution, be cause, in hia judgement, he may thereby "best subdue the enemy," be has the tame right, for the same reason, to disregard each and every provision Df the Constitution, and to exercise all powernefoyu in his opinion, to enabla him "best to subdue the enemy." It has never been doubted that the power tr. abolish slavery within the States was not delegated to the United Stats by the Con stitution, but was reserved lo the States. II the President, as commander is chief of the army and navy in lime of war, may, by 1 an executive decree, exercise this power to abolish slavery in tne states, wnicn power was reserved lo the States, because he is of opinion that he may thus "best subdue the enemy." what other power, reserved to the States or to the people, may hot be exercised by the President, for the Same reason, that be is of opinion he may thus best subdue te enemy 1 And if so, what distinction can be mnde between powers not delegated to the United Stales at all, and powers which, though thus delegated, are confined by the Constitution upon some department or the government than the executive 1 In deed, ihe proclamation of September 24, 1862, followed by the orders of the War Depaitment, intended to carry it into prac tical effect, are manifest assumptions by the President of powers delegated to the Con gress and to the judicial department of the Government. It is a clear and undoubted prerogative of Congress alone, to define all offooses, and to aflix to each some appropri ate and not crud or unusal pnnishmcut. But this proclamation, and these orders create new offenses not known to any law of the United States. "Discouraging enlist ments" and "any disloyal practice" are not offenses known to any law of Ihe United States. At tho same time they may include, among many other things, acts which are offenses against the laws of the United States, and among others treason. Under tho Constitution and laws of ihe United States, except in cases arising in the land and naval forces, ewry person charged with an offence is cxpres-ly required to be pro ceeded against and tried by the judiciary of the United Stales and a jury of his peers; and he is required by tho Constitution to be punished, in conformity with some act of Congress applicable to the offense proved, en acted before its commission. But this proc lamation and these orders remove the ac cusod from the jurisdiction of ihe judiciary; they substitti e a report made by some dep uty provost marshal, for the presentments of a grand jury; they put a military com mission in place of a judicial court and jury required by the Constitution; and they ap ply the discretion of the commission and the President, fixing the decree and kind ol punishment, instead of the law of Con gress fixing the penalty of the offense. It no longer remains to be suggested that if the grguod of action announced by Ihe President be tenable, he may'as comliiander in chief of the army and navy, use powers not dolrgated to the United States by the Constitution exclusively delegated, to the legislative and judicial departments of the government. These things have been already done, so far as the proclamation and ordeis of tho President can effect them. It is obvious that U do private citizan is protected by the safe guards thrown around him by the express provisions of the Con stitution, but each and all of those safe-guards may be disregarded, to subject him to mili tary arrest upon tl e report of some deputy provost marshal, and imprisonment at the peleasure of the President, and trial before a military commissioned, and punishment at its discretion, because the President is of the oppinun that such procedings may "best suUlue the enemy," then all members ol either House of Congress and every judi cial (jflict-r is liable to be proceeded against as a "di.iloyal person," by Ihe same means and in the same way. So that, under this assumption concerning the implied powers of the President as commander in chief in time of war, if the President shall be of opinion that the arrest incarceration, and trial before a military commission of a judge of the United States, lor some judicial de cision, or ol one or more members ol either House of Congress for words Fpoken in de bate is "a measure which may best subdue tho enemy," there is then conferred on him by ihe Coustitution the rightful power so to proceed against such judicial or legislative officer. This power is certainly not found in any express grant of power made bv the Con stitution to the President, nor even in any delegation of power made by the tonstuu tion of the United States to any department ol the Government. . It is claimed lo be found solely in tbo fact that he is the com mander in chief of its army and navy, charg ed with the duty of subduing the enemy. And to this end, as he understands It, he is charged with the duty of using, not only those great and ample powers winch the Constitution and laws, and self devotion of the people in executing them, have placed in his hands, but charged with the duty of using powers which the people have reserv ed to (be States, or to themselves; and is permitted to break down those great Con stitutional safe guards of the partition of governmental powers, and the immunity of the citizens lioui mere executive control which are at once both the end and means of free government, The necessary result ot this iu'erpreta - tion of the Constitution is that, in time of war, the President has any and all power which be may deem it necessary to subdue the enemy; and that every private and per sonal right of individual security against mere executive control, and every right re served 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 at sufficiently defined there as his purely civil power. These are in words; "The President shall be commander in chief of the army and navy of the United States, and of the militia of tha saveral States, when called into the actual service of the. United Slates." This is his military power. He is the general in chief; and as such, In prosecuting war, may be what Generals in tho field are allowed to do within the sphere of their actual operations, In ' subordination to . the laws of their country, from which they de riva their authority,' When the Constitution say3 that the Y(&1 dent shall be commander in r.hiet Of the army and navy of the United Slates land of the militia ol the several Stales, when call ed into actual service of the United States, does it mean that he . shall possess militajy power and command over all citizens of the United States;' that, by military 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 maka himself a legislator, and enact penal laws, governing Ihe cititions of the United Stales, and erect tribunals! and create offices to enferee his penal edicts upon fcitiiens? Does it mean that be may, by a pio-pective executive de Ciee, repeal and annul the laws of the several Slate, which respect subjtcts reserved by the Constitution lor the exclusive action ol the States and the people? The President h the commander in chief of the arm v and navy, not only by lorce of the Constitution, but under and sulject to the Constitution, and to every resliiction therein contained, and its every law enncted by its authority. l'a is r-prirt in rhinf: hut ran a general fn-chief iiisiy anyttw'ofhis own country'! When he can, he superadds to his righ's as commander, the powers of an usurper; and that is a military despotism. In the noise of arms we have become deaf to the warning voices of ,o!ir fa there, to lake care that Ihe military Hiall always be subservient to the civ 1 powers? Instead of listening to triw& voices, some persons now seem to think that ibis is enough to silence objection,, to say, true enough, there is ho civil right to do this or that, but it is a mili ary act. They teem to have forgoiti n that every military act is to be tested by the Constilotiou and laws of the country under whose authority it ia (Tone. And, that under the Constitution and laws of the United Stales, no mora than under the government of Great Britain, or under any free or any settled government, the mere authority to command an army XA not an authority to disobey the laws ol the country. The framers of the Constitution thought it wise that Ihe powers ol the commander-it chief of the military forces of Ihe United States should bo placed in the hands 01 the chief civil magistrate. But the powers of the commander-in chief are in ho degree enhanced or varied by being conferred upnn the same cflicer, who has important civil functions. If the Constitution had provided that a commander in-chief should be ap pointed by Congress, his powers would have been the same as the military powers ol the President now are. And what would be thought by the American people of an at tempt by a general in chief to legislate by his decrees for the people and for the states, Besides, all the powers of the frbsicent are executive merely. lie cannot make a law. Ho cannot lepeal one. He can only execute ihe laws. He can neither make, nor suspend nor alter them. He cannot even make an article of war. lie may covern the army either by gehcial or special orders, but 'only in subordination to tho Constitution and laws of tho United States, and the articles ol war enacted by the legislative power. Tho tirfte has come when the people of the United States must understand and must apply those great rules ot civil liberty which nave oeen arrived at by the sell-devoted ef forts of thought and action of their ances tors, during seven hundred years of struggle against arbitary power. If they fail lo un derstand and apply them, if they fail to hold every branch of their government steadily to them, who can imagine what is to come out of this desperate struggle? The military power of eleven of these Slates beimr de stroyed; what then? What is to be their condition! What is to be our condition? Are the great principles of free govern ment to be used and consumed as means of war Are wo not wise enough and strone enough to carry on this war to a successful! military end wi.hout submitting to the loss ol any one great principle of liberty? We are strong enough. We are wise enminh, if Ihe people and their seivants will but under stand and observe thejust limits of military power. What, then, are thofe limits? They are these. There is a military law; there is mar tial law. Military law is tlmt system of laws enacted by the legislative power for the government of the army nnd navy ol the Uni ted bta ts, and ol the roi.itia whee called into the actual Beivice of the United S:ates. It has no control whatever over any person or property of any ciiiKon. It could not even apply to the teamsters of anamiy, save by lorce 01 express provisions of the laws of Congress, making such persons amenable theieto. The persons and the propeity of private citizens of the United States are as absolutely exempted from the control of mil itary law as tiny are exempted from the control of Ihe laws of Great Britain. But there is also martial law. What in il? It is the will of a military commander, opera ting, without any restraint save his judgment upon the lives, upon the property, upon the entire social and individual condi ion ol ' all over whom this law extends. Hut, under the Constitution of the United States, 'over wltom does such law extendi Will any one be bold enough to say, in view ol the' history ofb'ur ancestors and our selves, that Ihe President of the United States can extend such law as that over the entire country, or over any defined geograph ical part tliuieot, save in connection with some particular military operations which he is carrying; on there? Since Charles I. lost his head, there has been no king in England; who could make such a law in that realm. And where is there to be found, in our his tory or our constitution, either state tot na- i tional, any warrant for savine that a Pr'esi. deut of the United States has been empow ered by tho Constitution to extend mar ial law over the whole country, and to subject thereby, to his military power every right of every citizen? He has no such autboiity. In time ol war, a military commander, whether he be the Commander in Chief or one of his subordinates, must posess and exercise powers, both over the persons and property of tho citizens, which do not exist in time of peace. But he possesses and ex ercises such powers not in spite of the Consti tution and laws of the United States or in der ogahm from their authority, but in virtue thereof and in strict subordinathn thereto. Tbe general who moves his army over pri vate properly in ihe coarse of his operations in the field, or who impresses into the public service means of transportation or subsist ence, to enable him to act against the enemy, or seizes persons wiihin his lines as spies, or destroys supplies in immed ate danger of falling into tlra hands of the enemy, uses au thorny unknown to tbe Constitution and laws of ihe United States in time of peace; but not unknown to that Constitution and those laws in time of war. The power to declare war includes the power to use the customary and ncessary means effectually to carry it on. As Congress may institute a slate of war, it may legislate into existence and place under executive control tho means lor its prosecution. And, in lime of war, without any special legislation, not the Com mander in Chief only, but every commander of an expedition or of a military post, is lawfully empowered by the Constitution and laws ol the United Slates to do whatever is necessary, and is sanctioned by ' tha laws of' war, to accomplish tha lawiul objects of his command, But it is obvious that this im plied authority must find early limits some where; II it were admitted that a com manding gonetal in the field hiight . do whatever in his discretion might be necessa ry to subdue the enemy; he could levy con tributions to py luii soldiers;, he could force conscripts into his service; he could drive out of the entire country all persons not desirous to aid bim--in short, be would be' tbe abso lute master of tho country lot the lime be- i'g-. . ' ' ? : i : : 1 - , :'' v , No one has ever supposed no one will now undertake to maintain that the Coin" mander in Chief, id time of war, Las any such lawful authority. " What, then, is bis authority ever tbs per- ! sons and property of citizeoa? Iaoiwetthal over all persons enlisted in force he ! mll tary power and command, that over all pl sons and properly nithiu 'iht spher of his mt- tual operaWmt in Vie field, he may lawful) excercise ucb restraint and control av tha ; successful prosecution of his nar tic liar fciU . jitary enterprise may, in his judgment, abed j lutely require, and upon such persens as bavi , commited offences against any article of WaJ-, ne may, tnrouga appropriate military irmu nals.inilict the pnnisbment . prescribed by law. And there his lawful authority etrtii. The military power over citizens and their property Is a power to act, not power ! to prescribe rules for future action. It spring from tresent pressing emergencies ahtla limited by them. It cannot assume the ' functions of statesman or legislator,: n4 make provision for future distant aranga . ments, by which persona or property may be made subservient to military , 08. ' It if the physical lorce of an army in the field, and may control whatever is hear as to b actually reached by that lore, in order l 1 remove obstructions to its excercire, . . But whsh the commander controls Ibj " persons or property of citizens Who art b-t yond the sphere of his actual operations ia the field, when he makes laws to govern' thier conduct, he becomes legislator,' Those may be made actually operative; obedience to tbem may be enforced by milip 1 ry power; their purpose and effect may b sorely to recruit or support his armies, or to , weaken the power of the enemy with whom ' contending. Hut hs is a legislator Hill;- and i whether his edicts are clothed in the form of: prclamations or of military orders, by what-' ever name they may be called, they are laws II he has the legislatve power con ered on him by the people, it is Well. If not, he U ' surps it. . , . ' .', w He has no more laVftil authority to lold r all tl.izenS of the entire country, outside of ' tue spnero 01 his actual operations in tha ; fleW amenable to his military ediots. thaH . Le has to bold all tbe property of the conn try subject to military requisitions. He I " not the military commander of the tiliteniot t tbe Stales, put of its sMers. ' ' Apply these principles to the proclamation -and eiders of ibe Piesieont. Tbey are .j.o ( designed to meet any existing emerge no ia ' some particular military operations ia the field; they prescub future rules of ectionj touching the persons and property 'otCitl-Ci ions. They are to take effect, not ' merely r.a wiihin the scope of military operations In the field or in their neighborhood, but throughout the entire country or great por- lions thereof. . Their subject matter is aot miliary offenses, and domestic relations?' the relation of master and servant; ..the Of fenses of 'disloyalty or treasonable practice.1 Their p-.-.rpase is" not to me'et some " exis ting and instant military emergency, nut t&' provide for dis'ant events, which roay ot. r may not occur; and whose connection, it-. they should coincide with any military 'otA-' ' erations, indirect, remote, casual and,' pottu- ; , ble merely. It is manifest that in proifftlftg 'these ed.cts the President is not acting 'under the authority of military law; first because mil itary law extends only over the persons a.o tualy enlisted in 1ie military service end! V second, beiau.se these persons are governed by laws enacted by the legislative power. It is equally manifest that he is not acting lihder that implied authority which grow out or particular actual military operation- for these executive decrees do not spring a from the emergencies 0 1 any particular toil.,,, itary operations, and are not limited to anr '. field iu w hich any such operations are carried-: -in. -,. , , ,., .... , ,; .,y, .;, Whence, then, do these edicts FprWg? Thtf spring from the essumed po wer to ! exend 1 martial law over the whole territory of , tbe. 1 United Slates; a power for the e&ercise of , which by the President there Is no warrant 1 whatever in the' Constitution, a power which no free people could confer upon a : " executve officer, and remain a free people; ' For it would make bim the absolute master 1 ol their lives, their liberties and thjir prop -n erty, with power lo delegate his mastership to such of his satraps as he wight select, 6 as might be itnpoed on his credulity or bis iw fears. Amidst the groat dangers whicft . encompass us, in oar stmgles to enooaetef' thorn, in our natural eagerrte's to lay hold tit , efficient means to accomplish our Vast lab'dr, , let us beware how we borrow weapons frcjn, the armory of arbitrary power. They catftat -be wielded by the bands of a free pe'opTV Their blows will finally fall upon iTfom selves. ., ,, , , .. t Distrt!Yad councils, divided strength, are the very earliest effects 6f, 'ah attempt to ase d them, What lies beyond copaorfft is now?t willing to attempt to look upon. ' - l t;- ' . 1,.-. ' ; in A Soldier's Opinion, ,' fr..; f The Kalida Sentinel ol the 18th irwtainV. T "!6ntaius a lc ter from a member o the 118 A , ltegunent, written at ' camp near Jodeptn dence, Ky., Oct. 6." frctn which" We extract' tbe following: . , ,-,,r , We bavo seen enotrgTi fof Kentucky t6 ' satisfied that a large majority are -at l&eart ' secesh; talk with them end tbey are Union) , , but "sound them to the core' and, you will find them Southern sympathisers.- AgeAa,' many men coming from the North, uppo t f that they have license to pillage and stealt -and it is a lamentable fact that many do so 'da coming ihto the South. - Yesterday, .sohifc niea went out "Jayhawking," (as tbey call it) a bright eyed boy had a pet lambV thRt s they wanted; the little fellow cried and tteft ged for bis pet; but the d-r d eeoondrotei Jt shot it and let it laj, ,'i'his work makea rebels and taany a good man will, bite the dust on account of the Works of a few eitiktrdi and scoundrel. Lieut, Col. Walkup punish td them be did right; and tb regimtnt ap- ( proved his act. ' -! - I have just seen the Gazette and C$t)tiertial : they represent the army as being in lavor , of Lincoln's Emancipation Proclamation.-1' Now 1 would say, that this is 4 miserable lit, si these newspaper correspotidehts are general r ly cowards, at-d tllwats dead-heads and a'u man who sponges his dinner would not hesa itato in misrepresentation. The soldier wants tbe war closed, 'end feels that any tvtth Proclamation lengthens the time and inures-- it es the obstacles in the way of a Union of thej State. Ifcptiblicahs at home may claim to 0 apeak for the army, but let Ihem come And' put thier bodies in the way ol. rebel; -bullet and they may have reason to change, their , mind. But bore of this hereafter, let it be ' Understood at home that Wben a nan joins the army he does not lay down bis manhood ' . nor Is be required to to do and be' assured ' L that a Democratic Victory" in old Puiea wiil-1 be cheered by our" boys in, camp aa mneb m -' at home. Woik1 Democracy, work, lor yov' '. have at beart the interest of tbe soldier let A. those who prefe tbe negro, to .the whit man rejoice at Republican viblorka We'are ' not of tbem; "He that U cot tor us is against I't, u" and he that is for the nigger ,i not the ; safest despositbry for fh interest, of Ihe whitl maa-muoh less the oldieiv i k ", !". ; 11. 1 . ai 1 ... if , ij!;t OrPrentice.says; .When we notice what f oeflain Southern refugees are Saying and do- ing amongst the Abolitionists of the Nolh ' we are almost tempted to foarj tfrfud4 ,4 is becoming the synonym of renegade.