Skip to main content

Archive:

Show more

The Old Guard: A Monthly Journal, Devoted to the Principles of 1776 and 1787 by Charles Chauncey Burr

The Old Guard: A Monthly Journal, Devoted to the Principles of 1776 and 1787
by
Charles Chauncey Burr

"The War Power"

“A new phrase has lately appeared in this country, very much as Satan’s face first appeared in Paradise.—It is, ‘the war power’ as something above the Constitution, which is declared to be ‘the supreme law of the land.’ ...

The Constitution of New York declares that ‘No authority shall, on any pretense whatever, be exercised over the people of this State, but such as shall be derived from and granted by them.’ The Constitution of New Jersey says: ‘The military shall be in strict subordination to the civil power.’ The Constitution of Pennsylvania says: ‘The military shall, in all cases and at all times, be in strict subordination to the civil power.’ The Constitution of every State in the Union is similar. The idea of a war power that is above the powers of ordinary legislation—that is able to revoke or suspend existing constitutional law—is not only foreign to the genius of our government, but is positively denied by express constitutional enactment.

What is now by ignorant or designing people called the war power, or military law, is simply the absence of all law, and rests upon the same moral basis, as what is called Lynch law, or mob law. They depend upon the same arbitrary usurpation of power, in opposition to Constitution and statute. It depends solely upon the will or caprice of the party by whom it is proclaimed and enforced. Until Mr. Lincoln's election, no man imagined that it was ever to be put in force outside of the military camp; nor was it supposed that it would ever be used even there, in violation of the express guarantees of the Constitution, It is well known that Washington, although the land was full of traitors to our revolutionary cause, totally ignored the idea of such a war power as Lincoln claims to wield.”

Charles Chauncey Burr, The Old Guard: A Monthly Journal, Devoted to the Principles of 1776 and 1787, Volume 1, No 7 (New York: C. Chauncey Burr & Company, 1863), 163.

Comments

Popular posts from this blog

Was Secession Legal for the Southern States?

Was Secession Legal for the  Southern States? By Dr. Richard Lee Montgomery

     Any time you might hear anything about American history, specifically from the 1860s, there is much conversation about slavery, taxes and States’ rights! And yes, each of these topics are worthy of discussion but discussing any one of them often leads to overlook a most fundamental question: “Do people or a state(s) have the right to live under abuses by its government or are there tools by which its people can throw off such abuses or even withdraw from an abusive government?” I want to focus of the issue of the right of secession.
     Many people heatedly condemned the secessionists when the first Seven States seceded from the United States in 1861, viewing it as unauthorized or as unconstitutional. And yet, no such
disparaging remarks are made about the Secession of the Thirteen Colonies from the British Empire in 1776—or the Secession of Mexico from the Spanish Empire in 1810—
or even the Secession of Te…

Origin of the Confederate Battle Flag

Origin of the Confederate Battle Flag
[The facts concerning the origin of the battle flag contained in this article are derived from a speech by General Beauregard before a special meeting of Louisiana Division, Army of Northern Virginia Association, December 6, 1878.—EDITOR.]
This banner, the witness and inspiration of many victories, which was proudly borne on every field from enemy. General Beauregard was momentarily expecting help from the right, and the uncertainty and anxiety of this hour amounted to anguish.
Still the column pressed on. Calling a staff officer, General Beauregard instructed him to go at once to General Johnston, at the Lewis house, and say that the enemy were receiving heavy re-enforcements, that the troops on the plateau were very much scattered, and that he would be compelled to retire to the Lewis house and there reform hoping that the troops ordered up from the right would arrive in time to enable him to establish and hold the new line.
Meanwhile, the unknown t…

Julia Ward Howe and the Battle Hymn of the Republic by Dr. Richard Lee Montgomery

Julia Ward Howe and the Battle Hymn of the Republic by  Dr. Richard Lee Montgomery
For more than 150 years there has been a concerted, consistent teaching of the Northern Yankee interpretation, of what they call the “Civil War.” This effort has been met with great success. In the 1845 Noah Webster’s Dictionary, there are two words that we need to re-familiarize ourselves with: “➀ Propagandism: The art or practice of propagating tenets or principles. ➁ Propagandist: A person who devotes himself to the spread of any system of principles.” 1 This is what has taken place for these past 150 plus years. The practice of propagating tenets or principles of this so called Civil War. After all, we know well, to the victor, they have the privilege to interpret the history of this brutal war. They tell us they were the good guys.
From the book entitled “Famous Leaders Among Women,” published in 1895, we are told that “Julia Ward Howe has used her high social position and brilliant talents for the goo…