Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-09-16
REMARKS OF SENATOR HAYNES.

The following report Of Mr.. Haynes ro-
marks was not inserted in the debate on his
resolutions i'll regard ii tna freedom TT the
Press aud martial law, Lys ovcTsi: ht---
In Justice to Mr. IIlymn.', We insert them
now
Mr.. Haynes said, he was surprised at the
extraordinary speech Of the Senator from
Mississippi The resolutions had been re-
fcrrrd to the Committee on tho Jurliclnry by
An almost unanimous vote of the Seuate.--
That Senator now moves q reconsideration oil
that vote The Senator said the first clause
of the first resolution, is designed tc prevent
any commander from abrilging or suspend
ing the freedom Of the press or Of speech
True! BIT the Senator seems to be opposed
| 10 that. lie says the Constitution does That.
Mr.. II. agreed with the Senator; but he would
iuiorIu that Senator that the Constitution pro-
vcd no penalty for the abuse or suspension
of the constitutional guaranty. Congress- has
power to establish post Offices md post roads;
and does not The Senator know that Congress
has passed law to punish the robbery Of
the mails as felony. Why? To secure the
successful execution Of the power. The res
0luLlOu " SSSOiC lHC Il'SitI Va
speech and Of the press by the enactment
Of suitable sanctions. For It is known that
military commanders lave suspended both.
| The Senator, suppose, has read the Procla-
NATION Of Gen. Van Darn ovcrthrowing the
press in Mississippi. There il II distinction
between the liberty III the press and Of
speech, and the criminal abuse Of the prirl-
| lege to incte insurreGti0n or rebellion IN
State. Mr.. II. would have all men free to
speak or write; would have them RESPONSE
| BILE not for criticisms on men and public
| functionarics, but Tor the crime of stirring
up rebellons against the Confederate Suites
! Why the Senator was opposed 10 this, he
could not see. The scdition Law inflicted
penalties iur htfamatory criticisms upon The
| President and other functionaries Of the
United States. Mr.. II. had always been OPP
posed to that. This resolution Instructed The
committee to report bill defining the crime
Gi melting insurrection or rebellion IN
Stale against the Confederate Government,
and Of annexing the proper penalties. Is
this not right: Mr.. u. said there had been
one rebellion in East Tennessee! The bridges
had been burned. 1t had been stirred up
and brought about by certain dsloyal men.
ri another should ever occur, or any one
should attempt to stir another. nc desired the
crime defined aud the penalties annexed by
law Such an offence does not technically
amount to treason, and therefore, no punish
ment can now be inflicted hat military pun
ishment.
Said Mr.. H., does not tb. gentleman know
that within those districts wherein martial
law haS been proclaimed that the civil Iuris-
diction of the courts, State and Confederate,
is suspended that the Constitution Is sub
rcrtel pro ishto, and no jury trial Can be had
4 citizen CANNOT lie tried by court martial
Those only who belong to the land and naval
forces can be so tried, or 10 the lhIl!ta III the
actual service OF the Confederate States, or Of
the several States.
Mr.. II. said the last resolution declared that
martial law is unknown to the Constitution.
lie now so declared and challenged refutatlon.
The law-making powers of this Governnent
are lodged in Congress only. There is clear
distinction, recognized in the law books, be-
tween military and martial Law Military law
is tn be found in the regulations OF the army,
and the rules and articles OF war prescribed
by Congress under tho constitutional power
to make rules and regulations for the govern
ment of tina land and naval forces. But mar
till law is the arbitrary will Of the COM
mander, put into execution by physical force.
It subvcrts the Constitution, the laws and the
jurisdictions of all the courts, State and Con-
tederate, and substitutes the musket and the
baYonet for process, and an armed soldiery