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

"'A'uAl"H "HN Au Aub dCb VI OuuE IGa5f
the existence of which is to be judged
of and declared by him on his own
high responsibility. When thus called
into action, and so long as the necessi.
ty for its use shall continue, the militia
ry torcs'is made by the Constitution
separate Potcer in the Government, and,
as such, is subjected to the direction
and control, not of the judicial depart
ment or its iunctionaries, but of the
President, as commander in. chief to be
conducted by him according to the
usages and czigencies of martial law.
The Supreme Court of the United
States, in the case already referred TO-
in speaking Of the power Of the Prcsi.
dent, under the act Of Congress, say
THE power itself is conGded TO the
Executive Of the Union, to him who is
by the Constitution the commander.in.
chief of the militia when called into
the actual service Of the United States,
whose duty it is to 'tuke care that the
laws be faithfully executed, and whose
responsibility for an honest discharge
Of his official obligations is secured by
the highest sanctions. lie is neccssa-
rly constituted the Judge Of the ezis-
tence Of the exigency in the first in.
stance, aud is bound to act according
to his belief Of the facts. The law con.
templates that under such circumstan.
ces, orders shall be given to carry the
power into effect; and it cannot, there.
fore, be a correct inference that any 9th.
er person has just right to disobey
them, The law does not provide any
appeal from the judgment of the Pres
idcut, or for any right in subordinate
officers to review his decision, and in
effect defeat it. +" "It is no answer that
such power may be abused for there
is no power which is not susceptible of
abuse. In a free Government the dan
ger must be remote, since, in addition
to the high qualities which the Execu-
tive must be presumed to possess, the
frequency Of elections, and the watch 10
tulness OF the representatives of the
nation, carry with them all the checks
which can be useful to guard against
usurpation or wautou tyranny"
The employment Of a military force
for tho suppression Of a rebellion is an
act Of war upo0 the persons in rebel
lion, who, haEing themselves levied war
upon the GOverR ment, are justly treat
ed as pHblic enemies. The military
power may therefore be rightrully used,
under the authority and responsibility
Of the President, according to the usa-
ges Of war, in the most etfectual man
ner for tde suppressioa of the rebel
iiOO, until, by the re-establishment Of
the regular course Of the law ia places
where it is now subvertcd or obstructed,
there is no longer occasion for its em-
plOyment 1t is 3 the NECESSITY which,
for tho time I ing, requires and jusi-
des the resort to military force that
MARTIAL LAW has its origin and au.
th0rity, IL Is a iaW Of force, measured
in its power a0d duration only by the
necessity that eatls It into exercise.--
1t cannot be prescribed and limited
With precision ia advance. 1t exists
because the civil law which forbids aHd
puuishes, on conviction, the treason
ghicii imperils the State, is pOwerlest
at the time to resist It's progress. Is
moves too slow for an emergency that
requires the most prompt and vigorous
action. Like the right Of self delenee
by an individual assailed by lawless
it is the law Of necessity
alone which allows a resort to violence
to rePel and subdue the assailant.-I
The degree Of force to be applied, or
the manner of its application can
neither be determined beforehand nor
measured at the moment with serupu-
lOus accuracy. lie who is compelled
to resort to it, whether as an individ-
ual or as a military commander within
the district entrusted to his defence
against actual or menacod invasion or
rebellion, must act under a due sense
Of responsibility to the laws, when the
danger has passed, for the justification
Of his conduct during the impending
peril, ...
The provisions In the Constitution
to which allusion has been made in a
recent judicial opinion would seem to
have reference to the action Of the civil
power and the security of persons and
from seizure or detention by its
process, except upon warrants duly is
sued in the regular administration Of the
laws when unObsruoted 10y invasion or
rebellion. They are obviously inappli.
cable to arrests or seizures by the mill
tary force, under the orders of the com.
mander-iu-chief, whio tho nation is in
porilous conflict with foreign or dom0s'
tic enemies.
When a widespread rebellion exists
TO an extent which imposes on the Gov
ornmeRt the necessity Of employing
l0Tos for its suppression, the
Constitution, no less than the act of
Congress, has imposed on the President
the duty, when ia his Judgment the
public safety requires il, Of resorting TO
more prompt and elicacious means than
tho civil law in its prescribed modes
Of procedure, affords to meet the emer-
gency and maintain the authority Of the
To the wise men who
framed our ConatitutoR, and to the peo-
pie who adopted it. the absolute ne
sessity for the existence Of such a pow
ar was apparent. Recent events had
rendered it certain that without it the
Government they were about TO estab-
.ish Ike that which il succeeded,
would prove o disastrous failure. ItI
was equally apparent that to make the
military force, when thus called into