The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1861-07-25

Martial Law and the Writ of Ha-
beas Corpus.
The subioiued communication claims
a place ia our paper as we'll for the
CurreDt interest Of the subject it dis.
cnsses as for the acumen and compact
ness Of the argument it contains
CEds. Intelligencer.
By the Constitution Of the United
States it is provided that Congress
shall have power 60 raise and support
armies; to make rules for the govern
mcnt aud regulation Of the land aud
naval forces, to provide Zoe cailing forth
the militia to e,oecSte tle laeos Of the
Union, express insaryootjou, aud ycpel
EnU0SiOB.
By the same Constitution it is made
the duty Of the President to take care
that the la,cs be faithfully executed" q"
and he is required to snake oath, before
entering on the execution Of his Office,
that he twill faithfully execute the Of.
fee of President, and will to the best
of his ability preserve, protect aRd de.
fend the Constitution Of the United
States"
TO enable him to perform those high
duties il is provided, among other
things. that the President shall be
commander. r.in-chief Of the army and
navy Of the United States, and Of the
militia Of the several States when call
ed into the actual service of the Uni.
ted States; in other words, Whenever
necessity shall exs, for a resort 60 the
0,iLtary force Of the Government, by
reason of the inadequacy of the civil
power, it shall act under bis direction
and control
In ordinary times, when the nation
is at peace aad the authority of the
Government recognized and maintain
ed throughout the extent of the Ma
tional territory, the action of its civil
officers aud tribunals, in their aPprO-
priate departments, is all that is needed
for the attainment Of the purposes for
which it was established. But it vas
foreseen that occasions might arise for
the enforcement of the laws IN which
it would be essential to the public safe
tv. and even to the maintenance Of the
Government itself, that the President
should be authorized to bring ipto ex
ercise a power Of greater efficiency than
any that the civil tribunals could af,
ford.
The territory Of the United States
might be iuyaded or in imminent dan
GET Of invasion from foreign nation;
an insurrection might exist in State
of the Union against the Government
thereof requiring the aid Of the mill
tary force Of the United States for its
suppression; or the laws Of the United |
States might be opposed, or the ezccu.
ton thereof Obstructed in any State by
combinations too powerful to be sup /
pressed by the ordinary course Of ju.
diriuln proceedings or by the powers
vested in the marshuls; or the eXecu
tive and judicial officers of the Nation,
al Government in such State might
themselves be involved in reasonable
conspiracy for its overthrow. Con
gress, therefore, in the exercise Of its
constitutional power OF legislation,
wisely enacted that ia all these cases IL
shall be lawful Por the President to
call forth the militia Of such State, or
of any other State or States, as may be
necessary TO suppress such combina-
tions aud cause tbe laws to be duly |
executed,
The President, ns was decided unan-
imousy by the Supreme Court of the
United States in the case of Martin vs..
Mott, l2, Wheaton, 49, is the ozolus.
i've aud fnal Judge whether the oKi !
gency contemplated Ia the act Of Con
gress has arisen, and his decision is
conclusive upon all other persons. AS
the President is the exclusive judge Of
the eyiste0ce Of the invasion, rebellion !
or other imminent peril requiring the
employment Of the military farce for
the public safety, so, in like munner, as
ommandeFin-chief Of that force, it isl
properly made subject 10 his direction
and ooptrol for the accomplishment Of
the purpose for which he was authoriz-
ed 20 call il into action.
The President has by his procqWa-
ton declared that a rebellion exists
that tho laws OF the United States are
opposed and their execution obstrqcted
by combinations too poWerful TO be
iubpressed by the ordinary course Of |
ddioial proceedings, or otherwise than |
by attlitdry drc5, which ho has duly |
called 70 .his aid ortbat purpose, That
Eorce+iu oTailary tines dormant