The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1856-06-20

which the law has Instituted for decdiog upon it.
military commission lssned By him, founded upon
election that has beer aside by the Court appoin-
hands OF its holder, just as much would be the
commission OF judge or justice of the peace issued
BY him ngder similar cirrumstanePs.
AS conmander-in-ehef, the Governor is himself
part of The militia, and of course, with il. stiicfIy
subordinate 10 the civil power. IL IS involved in
that subordiBation that the Whole organization OF the
military Power must be regulated by the civil gov
eminent, and founded upon its expressed will. No
eommander-In chief or other military officer can,
therefore, have any implied authority. except such
as is necessarily implied from the duties imposed
upon him, because necessary 10 the performance OF
those duties lie can have appointing power eX-
cept in those very special eases IN which ii may be
expressly given To him. We should, indeed, have
made very absurd oyers sht Constitutional iess
atlon, If, while guarding against military eneIoaci-
rnens, we had given up all civil supervision OF mili
tary organization. and had left The final power Of APP
pointment TO military Office in The hands of the
nander-in- chief He would have this power, if he
could review and correct the decisions in all cases of
contested elections. We say, therefore, that neither
as governor commander r-In-chiet could he set
side the decision OF The Court that declared the elec
tion void, and invested HIM with the Office The law
makes that decision the final proof against the right
to the commission.
But the coming in of commandeI-in-
chief, the defendant presented appeal TO him, aud
previous decisions, gate the defendant commission
and he entered upon the office Tins far The defend
ant gnity OF no legal ornce, for he Only sought
the correction OF supposed error, and III supposed
regular form
Then the Commenwealh's prerogative writ Of
g0o 'rarranfo, the highest remedy which the State
could provide for the orderly and peacpabe settle
ment OF disputed titlps to office, issued against
him. His claim heard before The highest civil
tribunal Tor trial OF disputed rights, and for the
preservation of order that the Constitution has pro-
vided. 1t deliberately heard-twiee heard, and
carefully consdered-as carefully can be expected
from mere human frnctioRares. Al the first hear
ing no expression OF opnion his title fell from the
1 Court for il not necessary doubt ~as sufl-
eient ground for The action then demanded. All ex-
preston OF opinion then sudiou>iy avoided, be-
cause the dispute was Of kind that very rarely oc-
curs and i. wa49 gught prudent by the Court 10 re-
serve their eaaes until the fullest reflection and
the final argutleif hould justify and demand their
expression.
Before the highest civil tribunal. and in that high
est civil process Tor such case il was decided hat
the defendants commission void, and be was
commanded to abstain from all further ntermeddling
/ with the office. III that decision Is not 10 be obey
ed, then the States helpless against military
patton. Her highest tribunal for the management Of
such affairs has spoken and is Gjsrpgarded. The
! means OF order whrh she has provided eXhaus-
ted, ruitlesslY exhausted. The force thai Is organ
lied for her defence has turned its against hers
has cast away the subordiuaion, which the people
nave required ana Eids declared lis own Judgment
be the highest rule Of right. Thr military officers,
who recognized BY the civil power, excluded
from their position by those who reject the Judgment
OF the civil power. and who disowned by II.
We cannot doubt tie coriectne>s OF oar decision
against the defendants claim to the oire Of Brga-
der General, even after hearing him present a
third arsumrnt the subiect But assure that we
were mistaken in our Interpretation Of the law even
then ne is bound 10 submit, for he is not empower
ed 10 review decisions and there can be 10 re-
view Of the Judgment of the hi ghest Cou:t y bch the
people have thought proper TO establish. Even the
COMMANDMENTS Chief, part OF the militia, IS bound
BY the command of the Constitution, uutIl mart.
law is property proclaimed and until then he would
be disorderly IN recognizing any military othceT,
whose commission in due form OF law has been de-
clared invalid.
Assume that We were in fact mistaken in our jpdg-
ment; still, having performed duty according To
the best of learning and ability, we have done all
that the State reqnires of IN the case, and she
require so long government IS admin
istered by human agency. Our decision must be
the very law OF this case; me people have Tegui-
red us to asctrta and declare it. and have done
oy Sc s4GlI % y az Te9nloea III ihaI Is, aGcoIaE 10 ie
10 institute government that can fulfill all its du-
ties Perfection OF Judgment not the test ol egtt-
macy OF power, or OF the duty Of submission 10 It's
decisions for humanity neither bear the nor
apply il. The decisions which pronounce, the
aw requires us to enforce, whether parties and their
friends approve OF them not. This must be true,
Il government IS TO be worth anything.
The Legislature has invested the Courts with that
portion OF the governmental power by Which titles
to Office generally, not excepting military ones,
tried and enforced This Court has pronounced its
decision, and The defendant saws that we are in error
in interfering with military officers
ing their declared subordpation TO this Colrt a. a
branch OF the civil power If it is supposed that
we have thus uaTTed the symmetry OF the military
system, II ought also to be known that there is no
power 10 correct this but the Legislature. by the
passage OF new law. Our Judgment was published
many weeks Before the late Adjournment OF the Leg
islatWe, and they nothing ~ it that needed cor
Teclon, and the defendant applied for none.
/ he 6nal judgment this case, thus pronounced
and sanctioned, the defendant has TO resist
and others, as mistaken as himself have Joined him
~ this resistance. II no serious disturbance OF the
pnbIic peace has arisen from his disregard OF law,
+ Is only because others have been more considerate
than ne He has persisted in acting upon conln,is-
SION that has been aHnued in bis hands by the very
process which the people have provided Tor that pur-
pose. lie has converted the of discipline iil-
tended for the defence OF order, into means of dis
turhins that order, aud thus has turned the nstru-
ment against the power that ought to WELD il for
z II Is the civd government alone that stands for the
State, and the military is only instrument that il
uses as IS Judgment requires Better Tar that
whole brigade should be d,baudtd than that the city
/ OF Philadelphia should be scene Of one hour OF
riot; and SO gar as they unwilling submit 10
the civil aufNoritleS they ought 10 be dsbanded, for
they are useless for the purpose Tor winch they were
instuieiis 4r rather they dangerous enernies OF
that purpobe.
We need Got magnify the nervousness OF this Of
fence. aHss@e cannot magnify the danger that is in
yOved in the principle on which the defendant i sc
ting. 1t IS just surh disorders OF indvid iduals that
| continually and necessarily lead the muItplica-
tion and severity Of laws and that irctneSs of 20
vernment by which the liberty of orderly citizens is
unduly restricted in attempts 10 control the disorder
ly and lawIess II just such individual and assori-
aed disorders that have, in all ages, led 10 that de-
gree oi anarrhy that has compelled quiet and indus