Eastern times. [volume] (Bath, Me.) 1846-1857, 1850-11-28
Constitutional Reform.

The Convention for revising and amending
the Constitution of the State of New Hamp-
shire, now in session at Concord, is doing
good work. The religious test and property
qualification for Office have been aboished-as
has also been that relic of a barbarous military
age, "Thc Lac martial" under color of which
the people of Rhode Island were crushed in
their attempts to form Constitutional govern
ment, and the patriot Dorr imprisoned and dis
franchised.
| The saith article of the old Bill of Rights,
read as follows
mo person can in any case be subjected to
law martial, or to any pains or penalties by
virtue of that law, except those employed in
the army or navy, and except the military in
actual service, but by authority of the legisla-
ture.'
Judge WOODBURY. moved to strike out "but
by authority of the legislature" He observed
that such clause would make the law martial
a matter in the discretion of the legislature to
be applied to citizens in a civil capacity. He
was opposed to giving the legislature any such
power over citizens in private life. The law
martial could not be imposed upon the citizens
without in fact abolshing the Constitution
| He drew a distinction between the law martial
and the military code. The law martial was
no law, but contempt of law. IF ever
we get into such a state of society," he re-
marked THAT any man must be tried at the
drum head by court martial. the foundation
of society would be broken up. This belonged
to the general government in time of war but
they had never dreamed of applying the law
martial to persons in civil and private life
The motion of JUDGE WOODBURY. was support
ed unanimously.
The Boston Post thus comments upon this
feature of the reform
When the Rhode Island case was tried before
the Supreme Court of the United States, the
majority of the judges declined to decide it
upon its merits and the doctrines of the Con-
stitution, and disclamed all jurisdiction thus
leaving the right of the majority of the people
to change their form of government by estab-
fishing new Constitution, through delegates
representing the people in convention, to de-
pend upon physical and military force, and not
upon the principles of self government which
constitute the American theory. They went
further, and indirectly sanctioned the men,
strous doctrine of the law martial, by force of
which Louis Napoleon is now trampng down
the Constitution of France, placing her cities
in a state of seige, and silencing the press in
his march to absolutism and lawless throne
Judge Woodbury. alone dissented, and deliv-
cred an opinion agains, the law martial, which
for ability, learning and clearness, has not been
surpassed by any like production in the reports
of that learned court. Scarcely a man who
has been advanced to the supreme bench of the
United States, has retained his Democracy,
however Democratic he may have protested to
be before his elevation. He carries with him
in all his judicial acts, the truly conservative
spirit of constitutional and national Democra-
cy. and in this respect well as his learning,
ability, industry and fidelity, is model for
the other Judges of that court. The people
have never found him wanting in the largest
construction Of their popular rights against
privilege, usurpation and power.