Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-11-13

the government, to the end that there shall
not be aided to all the sofferinzs and loses
they have Gnconplsiningly borne, that most
-irrepsrAblc Of all earthly losses-ihe ruin OF
she p6nciples Of free government
What, then. is to be done? Are we to cease
oar utmost efforts to save our country, because
rs chief magistrates seems 70 have fallen. for
de tine being, INTO what We believe would b
htsl errors Il persisted in BY him, and ae-
quiescod m by ourselves? Certainly not.
Let the people bat be right, and no President
csrscng be wrong nor can he effect any fatal
mischief if be should be.
The sober secon thought of the people has
yet controlling power. Let this gigantic
shadow. which has been evoked out OF the
powe. Of the comm,nder-in-chief, once be
placed before the people. 50 that they can see
clearly its proportions and its mien, and il viii
Dissolve and disappear like the morning cloud
before the rising sun.
The people yet can and will take care, by
legitimate means, without disturbing any prin-
ciple of the Constitution, or violating any law,
or relaxing any of their utmost efforts for
their country's salvation, that their will, en-
bodied in the Constitution, shall be obeyed.
If II needs amendment, they will amend it
themselves. They will suffer nothing to be
added to il, or taken from it, by any other
power than their own. II they should, neither
the government itself, nor any right under it,
vii! any longer be theirs.
-fhe 81 Mitchell -. Harmony On How lI5)
Preserved Tor the decision q the supreme Gust Of
United States the question Of the extent tue right u
eomnsnding general in the field 20 appropriate private
property TO the public service and decided that
such an appropr stion might be made in should
be rendered necessary by Immediate and pressing
danger or urgent necessity existing the time and
admitting of dOiay. bat not otherwise.
In del vernz the opinion Of the Court the Chief Justice
salt "O1r daty i % d-trrine under what
private property nsy be taken from the by mil
h.ry officer time Of And the question here Is;
whether the law permits u 20 BE- TAKEN 20 insure the
cess o. any eosrpfi against plblc enc which the
AMI We think IL very clear that the law does permit
o.. The mention by Lor Mansfield. IN delivering
his opinion IN aosfyn Fabrigas a Cowp lso). Hue
irAtos he principle Of which are speaking Captain
Ganhler, n the Br tish aavy By the order 81 mlTa
Bo~cIwen paile town the houses of suffers the
with sirtou liquors. the health Of the sailors being IN
tured by eqHerting them. The motive evidently
fet vs. an invai ot the right OF priva properly,
and witno the authority ~ lav: and the officer ex
ecuted the order held liable acti,n and the
suffers recovered against him 20 the value Of
the property destroyed This shows how carefuly
the ri rhts Of property guarded by the laws Eng
sni and the certainly not less valued nor les
Uuit-d Sfafe-"
Il may saey be .ad that neither Of the very eminent
counsel ~ whom that argued and that judge
befor- whom IL hal then advanced the concep-
ton N q comm nd general may law ully take any
m ssure which may be-: -ubtue the enemy The wagons
mue-, and packages. seized by General DonOph8n in
that sxe were Of essential service in his brill mi a
sue ul attack the mes II Chihuahua But this
did n ave him frem being liable to their owner a
mere wrong doe under the Constitution and laws the
Uaiied states.
The following extracts from the opinion Of Mr. Jus
lice W"odburs. delivered ia the Supremr Of
Unitef State in the Of Luther Borden e. How
80 sa'es what martial law Is and Of the Incidents
Of its histOr,
By il every citizen, instead Of reposing under the
shield Of known and fixed laws his eity proper
~ and iie exists with rope around his neck subject
be huhg up by military despot al the next lamp post
under the Of some drum-head court martial
See simmonss Pract. Of CourtS-NarfiaI a. See such
trial IN Hough on CourtsMartia 3s3. where the victim
on The spot blown away ~ gum mel her time,
place. persons consider@d' As m utration how
the passage Of such a law may be abused Queen Mary
put force In 1s5s bv frociG,aios Ble,ely and de-
cl red, that who hal his possessi, he ret
Cal tire sonabe >edtiou hooks and did not pres ntly
bum them, without reading them, showing EN- TO
any other per on should be esteemed rebel and with
OUT further deisy be by the martial law
TYLER on Military Law. p. SOC. 81.
"F.'r convincing like these in every country
which makes calm TO political civil liberty mar
tai law a here IT mpted, and once practic,d in
England against her people, has been express, for
bid len there Tor near two centuries we'll by the
principles q other free government
i Hal am Cons Hist 420. AMI II would be not II tie
extraordinary the spirit of institutions both State
aud national, not much than in England
against the nnnit d exerci Of maral law whole
people whether attempted by any chief magistrate or
even by legislature.
une object OF parliamentary inquiry early as 1920
was n check the abuse Of martial law by the king which
bad prevailed before. f,fler Military Law 500 The
Petitloa Of ri sh ia the rst Of Charles reproba-
ed al Snoh arbitrary proceedings the just terms and
The terse llngu Of that parot well a. Judge
SIR kiw rd Coke and prayed they might be stopped
never repeated To his the king wisely replied.
droif fa CONNIE Ges re Let right be done A. de-
sirei Petition OF kixht in Statutes Large Charles
Putting u in force by the King alone only
strained by the Petition OF ght early the seventeenth
century but virtually denied a. law al by the D~clara-
ton Il tights in i6S Tstlrr Military Law 397 Hal
lam, therefore Ia his Constitutional History 400 declare
thai IL use by the commissioners Try itary offenders
by msrtisla law. Wa proceeinr sary, within
ain limits. 70 the discipline Of army, but uuwarranted
by IN Constitution of this country. Indeed. distin-
gusaet tn< judge has since said that martial law
As OF old. now doe not exist IN England at all
contrary the Constitution aud has for century
totally exploded Grant Gould, Hen Bl 90; Hale
y. DIG: Hale Com. Law. c. =, Sc. Macarthur, IS
This - broad en"ngh and is the commu-
nifty generally, in both war and peace"