East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1861-11-05


military camp, then he can abolish all
laws, at his will aud pleasure throughout
the United States Granting even that
the President in supprossing an insurrec-
ton, may exercise all the powers existing
in state of war, which a military com
mander may exercise touching martial
law. what is that power, which we are TO
look for outside of the Cons;itution2
Throughout the history Of this country
martial law has never been proclaimed by
tho President nor by congress; nor did
any military commander ever procloim it
in any part of the United States except
in the memorable existence of General
jackson at New Orleans in 1915. Upon
that act we have the opinion of one OF
the most eminent American Jurists that
ever lived, Edward Livingston, the friend
of General Jackson lie gave that opin-
ion at the request Of General jackson,
and in these words - Ta
On the nature and effect of the proclamation Of
Martial Law by Major General Jackson, at New Or
leans, my opinion IS that such proclamation Il I'M
known 10 the Constitution and laws Of the United
States That it is 10 he justified only by the neces-
sity Of the case and that therefore the General pro-
y,
both to the Government and TO individuals When
the necessity is apparent be will meet reward instead
Of punishment from his Government and the claims
Of individuals for damages must be determined
under the discretion of jury .I ..l
La other words all acts done under
Martial Law are unlawful acts, and pun
ishable by fine and damages.
General jackson, like the magnani-
nous patriot he was, when he had taken
this responsibility to save the city of New
! Orleans, submitted himself to the iuris-
diction of a civil Court, aud paid the fine
the Court imposed upon him for break
ing the laws. subsequently grateful
country Unidentified him by restoring the
fine, and thus the majesty Of the law was
indicated. But many wise men and
nearly the whole of the Federal and Re-
publican party opposed to General Jack
son, doubted and denied the justice or
propriety of restoring the fine, and con-
demned his act as tyrannical. This,
then, is the extent of the power of Mar
tial Law. The President of the United
States, if in command of the army in
active service, might assume the same
responsibility, and if he did it wisely, the
like result would follow. But he could
not do it in the exercise of any power
given him by the Constitution, and, there
fore, it is not a legal or a Constitutional
or sound proposition to lay down as a
right or prerogstive of President of the
United States, that he has power to de.
clare Martial Law.
Happily no such departure from tho
safeguards of constitutional law is re
+ quircd to put down the war which i.
waged against the United States by the
Confederates. The martial law of the
camp always follows the Commander il
time of war, within the limits Of his camp
and covers all military offences and al
persons in arms against the Government
But civil crimes aud offences aud citizeni
not in arms, should always be left to pun
ishment by the judicial tribunals.
Let us stand by the Union and sustain
the President in upholding it by all thu
lawful means God and the Constitution
and the patriotism of the people have
put in his power; but let not the consti
tqtcd authorities nor the people forget
= in any crisis, that to preserve free insti
= tutiUus they must nvNeI, under tire ple
, of necessity or patriotism, substitute tn
will of any man or body of men for tn
fundamental principles Of Constitutions
Liberty.