, 1861-07-17
Cbitaqo Ttibutte
WEDNESDAY, JULY II, 1851.


WEDNESDAY, JULY II, 1851.
MARITAL LAW~~<3KN. LYON.
The Illinois State Register is good deal
coscc.ned nowadays about tour uber~
ties" 4 short time since it Was agitated
about the proposed scheme for a national
guard Of volunteer soldiers, fearing lest
il should become an engine Of despotisul,
and ultimately he used to overthrow re-
publican institutions in our happy land.
.Iust now it finds full confirmation Of its
fears i'll Gen. Lyons suppression Of the
Missouri STATE journal. We must do the
Register tie Justice 70 say that it denounces
the reasonable and incendiary Jour
mai in good set terms, but it does not
scr, in the character Of the sheet, any
justification Of Gen. Lyons act In
deed, says the Register, 'General Lyon
"had not even the ceyer Of the existence
"of martial latr for lis high.handed act"
Now if there be any virtue in martial
law we apprehend that Gen. Lyon is
pretty we'll fortified. What is martial
law! It is the kind Of law which exists
in state Of war. It is nothing else than
an oaseaoe ef tate. What right had Gen.
Lyon to march upon Boonville aud drive
out Claib Jaekson's butternut ruf1ans $
What right had Gen. Harris to besiege
Col. Smith in the Monroe Academy build
ingt Whit right had Col. Smith to take
possession Of the building in the first in
stance? What warrant of law had Gov.
Wood and Capt, Burnap for going to his
relief: Why did not Gen, Lyon bring IN
action Of ejectment against jackson
to get him ont of Boonville, and
then apply for a writ Of custer to deprive
him Of his office? Why does not Col,
Smith sue Gen Harris for assault and bat
tery, and why docs not Gen. Harris in turn
sue Gov. Wood and Capt Burnaps Every
enc Of these acts WAS as unlawful as the
suppression Of the Missouri State Journal.
Indeed, it may well be asked whether Gen.
Lyons acts At Boonville, and Col. Sigers
at Carthage, were not far more heinous
than anything which has been done Or al
tempted against the secession organ at
st. Louis BECAUSE the former involved the
14king of human Life. while the latter did
not. Ali these acts we're done under mar
tial law; that is, in that absence Of law
which war always creates. The original
Law breakers were the secessionists them
selves. They created martial law by
leyying war against the United States.
They fell to breaking up the source and
fountain Of all law-the Constitution Of
the United States. It is not fer them to
complain that Gen. Lyon, or any other Off
Ger Of Government, is violating the law by
taking the most prompt and vigorous
measures to undo their own unlawful work
The suppression Of the State Journal,
under these circumstances, was merely q
question Of propriety or impropriety.
Gen. Lyon was probably the best judge Of
that question. The legal Feature may be
properly left out Of view until the Missouri
rebels have laid down their arms, and
peace is once more restored to the State.
If the State Register wants precedent to
chew upon, we commend to it the act oi
Gen. Jackson at New Orleans, in 1916, in
first arresting the scoundrel, Louallier, aud
subsequently refusing to produce him on q
writ of ha6eas corpus, issued by Judge Hall
10th these acts were defended by the late
Senator Douglas, in one Of the
greatest speeches Of his Life, and
we are quite sure that the State Reqiste,
has praised and commended both the av'
and the speech at least fifty times. Gen
jackson was fined for his exercise Of "ar.
bitrary authority but the country dec1ar.
cd that be was right and Congress refund.
cd the money. Was it not a more heinous
thing 10 deprive man Of his liberty ani
defy the writ Of q court, than to stop til.
publication Of newspaper? Gen. Jack
son said he could never understand hew i
was wrong to do tcAat it was a5sozutol,
7.rce&sary to dc. Gen. Lyon may say tht
fame thing, and he will receive the same
triumphant response,