The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-08-31
BALTIMORE.
SATURDAY, AUGUST 81, 1861.
We published, yesterday, the following order
from the War Department at Washington:

We published, yesterday, the following order
from the War Department at Washington;
"By the 9th article of the act OF Congress enti-
tied an act for establishing rules and articles lor
the government of the armies OF the United states,
apDroyed 10Th April, 1906, holding correspondence
with or giving intelligence to the enemy, either
directly or indirectly, is made punishable ty death.
or such other punishment as shall be ordered by
the sentence of r court martial.
"Public safety requires strict enforcement Of
this article, and it is therefore ordered that all
correspondence and communication verbally or by
writing, printing or telegraphing, respecting ope-
rations OF the army or military movements on land
water; respecting the troops camps, arsenals,
ertrench mens or military affairs, within the seve
raj military districts, by which intelligence shall
be directly indirectly given to the enemy, with
out the authority and sanction OF the General in
command, be and the same hereby absolutely
prohibited, and from and after the date OF this order
persons violating the same will be proceeded
against under the 57th Article OF W ar,
Not untruly was this styled ''an important
''order in the telegram which communicated it
to the country--for it is neither more nor less
than proclamation of martial law and an az
sertion of military jurisdiction all over the land,
so far as the offences designated are concerned. 1t
is needless to say to those who are familiar with
the Constitution and laws of The United States,
that they give no coloror conntcnance whatever
to such n proceeding with respect TO persons in
civil life The 9Th article Of the amendments to
the Constitution is as explicit in its terms as Ian
guase can make it:
"No person shall be held to answer for capital
otherwise infamous crime, unless present
ment indictment Of Grand Jury, except IN
arising the land Of meal forces, an the
miiid gcben an actual gerrtce time Of pub
Tic DANGER"
The act of Congress Of April 10, 1906, by
which the articles Of war are established, is in
strict conformity with this constitutional proyi-
sion. 1t does not pretend TO make those articles
applicable, in any point Of view, to private cili-
zaus. Its very title is an absolute negaton of any
such idea. 1t is styled, "An act establishing
'rulcs and articles for the government Of the armies
'oftle United States" The language OF its first
first section is perfectly explicit, viz:
BE il enacted by the Senate and House of Repre-
2cHa!res ot The United States an Congress assembled
That from and after the passage of this act the fol-
lowing shall be the rules and articles Jv tcfich the
or"ies Of the United States shall be gorerned"
And article lol, as explicitly provides the same
thing, viz;
''The foregoing articles are to be read and pub
Hsheu once IN every six months, to every garrison,
regiment, troop company mustered. OF to be
mustered 10 the service of the United States, and
are 70 be dnP obserUca cmd oJcged By ar officers and
soldiers 'gho are or shall be IA said scroice."
Article SO, in terms, extends the application Of
the law TO the employees of the artillery and eng-
neer corps, and article 81 to officers and soldiers
OF the militia, or others being mustered and in
"pay of the United States" Bat eren these
last are exempted, unless "when Joined or act
ing in conjunction with the regular forces of the
"United States" and they are entitled, even
when so acting, TO a court-martial of militia Off
GERS exclusively. No court-marliai, lawfully Gre
ated under the articles of ar can have any iuris
uicnon, eAvept over the persons Thus made sub
ject TO those articles; and every member of every
court-martial is required, expressly, by the G9th
article, to swear that he will be governed by "lhe
"provisious of an act establishing rules and arti-
''ces for the government Of the armies Of the United
"Statss": i. e., the very act from which these ex-
tracts have been taken.
Nay, so strictly has the law guarded the consli-
tutional rights of citizens not members of the
army the militia, that even in prescribing the
punishment Of spies universally recognized as
the worst criminals under the rules of war, it
gives no jurisdiction whatever to the military
tribunals over any except aliens. All American
Of the civil law, as administered by the Courts
Section of the same act of 1906 contains the pro-
vision in question, viz;
"And be further enacted, That in time of war,
all persons not citizens of or o,cng allegiance TO- the
United States Of America, who shall be found Turk
ing, as spies, about the Notifications or EN-.
campments nt the armies OF the United States or
any OF them, shall suffer death, according to the
law and usage of nations, by sentence of a courts
MARTIAL
The reason of this distinction between citizens
and aliens is perfectly obvious, the latter not being
capable of committing treason or reasonable
practices and all transgressions of that char
acter committed by citizens being provided for and
punishable by the ordinary criminal law Since
the passage of the act of the present Congress to
"define and punish certain conspiracies, there is no
crime, Of the class under consideration,
that citizens may commit, which is not cov-
cred by sufficient enactments, and may not sufi-
GENTLY be punished after indictment, through the
common channels of criminal justice. Even if it
were otherwise-the absence Of competent legisla-
ton would hardly confer upon the War Depart
ment the authority to legislate but even the pre-
text of necessity is wanting for the enormous
power now claimed and about to be exercised
Who is there in the whole land, who may not
shudder when he thinks that he is liable to be ar
rested at any moment, and to be tried and execn-
ted, without judge or jury, whenever
military court, created by the War De-
pRrment, shall find him guilty of giving
Intelligence, directly or indirectly, to the enc
'my" The Constitution declares that this shall
not be, unless lie be in ''the land or naval forces
or in the militia, in actual service, in time of war
Or public danger" The War Department an
nounces that it shall be, the Constitution to the
contrary Notwithstanding. So much the worse,
we suppose for the Constitution!
-.zz.1...-@-zz
The Hon. JOSEPH Holt, of Kentucky, has been |
welcomed in Boston rs only SO iustrious per |
vert to Republicanism could hope TO be. 1t was,
in the language of the newspapers "a most distin-
gushed reception" Ofcourse, Mr.. EDWARD Rr-