Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-01-31

me. In the general regulation, toe tho army. drawn ap
lS25 by Of officers and cheeruliy obeyCd by all
have this hcad ">hordRafion 10 tie cir authorities
aud under II the following
Respect and obedience the civil authorities OF the
land j. the duty OF all citizens, and particularly 81
| those who armed in the public service.
IAN individual officer soldier who rcsists the civil
thoT VIII DO 80 at his per a- m the case {" any other
citizen; but union concert between two or more military
men in such resistance, whether voluntary or eg order
would he much serious offence, and Is, therefore,
sitiyely prohibited.
~ civil officer charged with the execution OF civil pro-
WILL making known his character be freely permit
| ted TO pass and rcpass sl guards and scntincl-.
elm the Of criminal process, issued by the civil
thoriy against military persons, all officers expressly
quircd by the 33rd article Of give aefre aid and
sisiance."
This article of remarkable be omitted here.
Like the mutny OF England IL speaks at "the known
laws OF The land IN conodsinenon and rs superior L"
the martial code. Under II Gen. JAcKSoN'S officers
bound to aid causing the wits of Labeas corpus
be executed against him, also executing the precept
for his appearance before the Judge hc had refused
appear and submit the of the Court. The
article OF the law OF Congress and of the Consttu
uon, being enacted in strict pursuance the latter.
ARTICLE 30. When commissioned officer soldier
shall be accused OF capital CRIME hariRg used
teRcc or coMtted orenoe against the persons
perry OF citizen Of the United States, such
punishable by the kaOIoR id,ss Of the land the command
ing officer and officers OF every regiment troop company
to which the persons accused shall belong hereby
required upon application duly made by or IN behalf OF
the parties injured th, endeavors
deliver such accused persons the civil
gistraie and likewise be aiding assisting the Off
OF justice IN experimenting and securing the
persons 81 accused in order brng him them trial
commanding officer officers shall wfuly neglect
shall refuse, upon the application aforesaid deliver
such accused person or persons TO the civil magistrates or
10 be aiding and assisting the officers justice in nppre
bending such persons the officer officers Of
Tending shall be cashicrcd."
This rule and article ior the government Of the
OF the United States" old the book go-
cvoution l776 and old in England whence
borrowed ~ the glorious revolution which drove
James H. and his martial law 1t expressed in the very
sprtoi the AngoSaSon jealous OF liberty Tn
~.
and obedien soldiers taught their duties TO the civil
horueswhat military officer dare suspend the Consii-
on or the w OF habeas corpus to imPrson citizens.
each capital crime act of gross violence
4 R,ntuekaH has cited, from Of the State consuu.
nons provisions placing the military all times
and under all circumstances strict subordnaon 10 the
civil authority In South Carolina, during the Revolution
the moment that Sir Henry Clinton inves-
ting the devoted city of Charleston, and the tones
in every where the Legislature OF the state empow
cred her excellent Governor John Rutedg- after consult
ing with such Of his counsel he conveniently could o
do thing torthe public good Eeept the ia
kIng GirGy the e CT cItiseH tehoW legal trial. Under
that exception, time when there Constitution Of
the United State, shield the liberty and the life OF the
eiuzen, there Louser deprived Of and put in
jeopardy OF the other by martial law.
II Is yugary supposed, particularly by ;hose who dr"ss
ed in little brei authority and lust ior more that the
suspension OF the writ Of hG5eGs corpus lets upon the
citizen martial law. The suspension BY Congress would
certainly for the me enable power hold any citizen in
carceraied without and without a but, brought
al it sl be before OF the ordinary of
the land Ii the suspension be by martial alr in con
nen,a Europe all other wTits, remedies and rights which
might stand in the way OF power, according its
bitrary will. would be suspended the Tyran
mic rule could want nothing
IL Is curious fact that this has been but twice praef
eally susPended-,by Generals Wilkinson and Jackson
IN both instances New Orleans, and
tutonay where in the United States the Decla-
ration OF independence. The Constitution declares that
1.-The privilege OF the writ OF Adeas corpus shall be
pended unless when, IN OF rebClon INVASION the
public safety may require it, in the opinion of Congress
During Bus conspiracy Mr. Giles, in the Senate, upon
message from the President introduced bill for three
months suspension OF that great wrt twas, panic,
Immediately passed and TO the House. January 20,
1907 The House, all on the day. January 20 re-
fused 10 deliberate IN secrecy and. the question Sha
the bill be rejected" the Stood ayes 49, ia
great triumph OF civil liberty panic and outaWry!
This ! the only constitutions attempt slspendng the
writo hGbeGs corpus made in free America. May
hear OF another IN Congress or escwhcre
SOLDIER OF ONE WAR.