The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-15

sA new York PoAfce' .
- ..anesday last the New YORK p0''0o'
on W. their being compelled 10 sur
Notwithstanding lion of the mrskets
render the greater pv,- the State o.
which they seized belonging to 'tioI
Georgia, committed another act of deprsoa.-
against the rights of Southern citizens. TheJ
ssized quantity of cartridges about b. WI
shipped for South Carolina, by way of SavaA
nah. These highhanded proceedings can only
irritate and annoy the Southern States, and
take away trade from New York, without doing
any good to the North or harm to the South;
for both the Georgians and South Csrolnians
can obtain all the ammunition aud arms they
want from the border slave States, and even
from New England, whose Yankees will sell
anything for cash down, to'say nothing Of Old
England, France and other nations of Europe.
1t is the duty Of Governor Morgan to put an
end to this Illegal violence by ordering the
ammunition to be given up.
1t appears that the Georgia case is not fully
settled yet The arms are not all surrendered,
as they ought to have been. In consequence of
the retaliation of the Governor of Georgia, the
greater portion of the muskets have been de-
livered up; but for some inexplicable reason or
other Superintendent Kennedy has retained ten
cases, which belong to different owner in
Georgia. The police allege that they belong to
that State, and, therefore, refuse to give them
up. Now this is distinction without a differ
ence. The State of Georgia has as good right
to the free possession and use of arms as the
State of New York. Yesterday writ of re-
plevin was issued, and what the result wilr be
remains to be seen.
When we first heard of the seizure of these
arms we knew it would lead to serious
trouble, and We said SO at the time We de-
nounced the act as unconstitutional, and we
advised its reputation by the Governor and
the immediate surrender Of the arms, with
suitable apology for the hostile proceeding.
If it was not an act. of war it was violation
of the rights of private property, and in either
case indefensible. Ample time had been
given to repair the mischief, but instead
of that, the arms were refused when demanded
by the Governor Of Georgia, and the authori-
ties have been since compelled by retaliation to
give way, and to do from necessity what they
might have done voluntarily with good grace,
to the honor of the State and not, as after
wards to its humiliation. The best thing that
can be done now is to surrender at once the
ten cases of muskets to Georgia, and the car
tridges and percussion caps to the citizens of
South Carolina, to whom the ammunition be-
longs. Else there will soon be other reprsals.
These seizures appear to be part of the plan
Of the black republican leaders to precipitate
the country into civil war. by what right do the
police commit an act Of war against citizens of
Georgia or South Carolina? By what right do
they interfere with the commerce of the mer-
chants of New York? Only the federal Pouer
can declare war, or make war, or define what
is war on the part of governments outside of
tho Union. That even the federal govern
ment has power to make war against sove-
reign State inside of tie Union has been de-
MED by the present Executive, and is doubted
by all intelligent and candid republicans. Ger
tain it is that State which claims to be still in
the Union has no such power. The State Of
New York has no power, under the constitu-
ton, to declare war or make war against any
State in or out of the confederacy, or pro-
nounce any merchandise "contraband Of war;"
and If she had such power she has not yet ex-
crcised it, nor commissioned Superintendent
Kennedy to commit hostilities on her behalf
The whole proceedings arc illegal, violent and
unconstitutional, and, under the circumstances,
are so ill-timed that they must have been in
tended to prevent the adoption of any measures
of reconciliation by the Peace Conference at
Washington, and to commit both North and
South to deadly struggle.
The reason assigned by our Fouche for de-
tanning the muskets, If it bear any weight,
would justify every conceivable outrage aud
arbitrary proceeding. He said he would not
let the arms go lest they should be used here
after against the State of New York. On the
same principle he might order the police to
enter the houses of all citizens of New York
who are not republicans and take away their
arms, lest they might use them hereafter in de-
Tending their liberties by revolution, or in
maintaining the constitution against the party
g ICED to overthrow it. So jealous is the
- button about the right OF all citizens to
possess firearms that 1t has been held illegal to
levy upon them in an execution for debt. Now,
If the Superintendent and his party will not re-
spect the constitutional rights of the citizens of
other States, 1t is scarcely to be expected that
they will respect the con- titutional rights Of
citizens of New York if they stand in the way
Of their atrocious designs. The doctrine of Mr.
Kennedy is the doctrine Of the despots of
Europe, who deprive their subjects of arms in
order that they may keep them in thraldsm.
But, whatever is coming, we a.e not yet un-
der martial law and military dictatorship;
and the right Of the citizens Of Georgia to have
and to hold as many arms as they please is
clear and undoubted. The second amendment
to the constitution was expressly adopted to
guarantee this right 1t Is in the following
words:-"A well regulated militia being ne