Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1862-10-17

scribed by the slow and Intellectual process
Of the common law, or il il has, should not
employ il, for it means that or il has no
meaning Here it is:
"When England was agiated by the
throes of violence when the person Of the
king was insul'ed when Parliament was
beseiged by mobs maddened by bigotry
when the life of Lord Mansfield was sought
I by infuriateA fanatics. and his house burned
/ by incendiary fires. then he uttered those
words which checked at once unlawful
power and lawless violence. He declared
that every citizen was entitled to his rights
according to the kncwn procedures of the
land. He showed to the world the calm
and awful majesty Of the law mistaken
amid convulsous. Sef-reliant in its strength
and purity, it was driven to no acts which
destroy the spirit of law. Violence was re-
buked, the heart Of the nation was reas-
sured, a sense Of security grew up, and
the storm was stilled. Listen TO his word.
"'Mlserable is the condition of individ-
uals, dangerous is the condition of the State,
where there is no certain law by which in
dividuals may be protected, and the State
made secure"
1t is easy to indulge in rharsodies over
or to sentimentalize on the beauties of the
common law, and such efforts appear well
enough in Juvenile law schools, or with be-
gnners at the bar but when invoked as a
means of conquering such rebellion, they
are as ridioulo as would be homily on
me onshine to arrest an earthquake laugh
} ter l. an apostrophe to the dews of evening
} amidst hurricane continued laughter or
J a prescription Of Mrs. Winslow's soothing
! syrup for the Asiatic cholera. Great
laughter.1 If Mr.. Seymour himself had
read. or had permitted his hearers to have
} read from his erudite production little
deeper into the scrap of history, it would
have appeared that It was mere riot or
mob, over the repeal of the penal laws
, against Catholcs--a question concerning a
particular measure under the Government
: and had no relation whatever to the ques-
ton Of the British Government. or its in
tegrily. or its fundamental laws: that Lord
! Mansfield was one Of the victims Of vio-
J lence, and uttered what was excellent sense
t for the occasion but which, if it had been
proposed as an antidote for rebellion with
! ernment, with the avowed intent of subvert-
i ing it, would have appeared as cheap, end
puerile. and shallow, and pedantic then, as
its suggestion for the same purpose does
now. Our Constitution and written laws
are the emanations of Government, pre-
scribing rules and regulations for its or
binary administration and guidance, and de-
fining and limiting its powers for the pro-
: lection of its citizens. But Government
: makes Constitutions and laws Constitutions
: and laws do not make Governments
Y (Cheers.) Constitutions and laws are to
: be observed in lall its civil polity, and or
: binary exigencies even in war but among
: the first rights and privileges and highest
!, and holiest duties and obligations of Gov
!, ern ment is the preservation of It's own ex-
: istence. Constitution, law, freedom oI
: speech, liberty of the press--usurpation
d tyranny &c, are words easily prated, and
+ even parrots can be taught them, But mer
: should know that the instincts of Gov
n ernment, as of an individual when assault
ed. are self-defense. The father and pro
II teetor of dependent family who should fai
81 TO employ all his strategies when assaileC
st by a Murderer or bandit, and instead there
D of proceed TO recite from law book, would
Of if slain, rank with suicides in the sight o
l. God and man and Chief Magistrate wh,
a should fail to protect his Governmen
p against foreign or domestic foes. armed o
Or unarmed--whether avowed or silent
= whether welding openly the implements G
|; death or insidiously acting as the advocat
n and apologist Of rebellion-would himse
I'd be guilty of treason, and would deserve i'm
of peaehmeni, conviction and execution
l. (Great applause.) Those who voluntee
re as exponents or oraces Of constitutions an
re laws should at least understand the subjeC
a they are discussing-should know that
n times of peril to the nation martial law il
n, heres in the very essence and existence
a! every Government as great necessity an
r. may be and should be asserted when requi
ly ite for the preservation of its life and bein
lis A war of rebellion is fearful and alarm
y, ing reality, and is neither TO be run ava
ng from or quieted by reciiing boarding seho
IT, homilies. 1t demands and should receis
ty every element of power which slumbers !
he the bosom of the nation. When Lord We
OF lington upon an exigency proclaimed ma
nd tial law, on being asked what IT was, replie
IS that it was the discretion of The comman'
as ing General. (Cheers.) Military law
d. the law for the government of the militar
- forces of nation. Martial law is moi
be rigorous still, wider in its application, an
Iht is defined by Smith, an early and eminer
or writer, in bis I" English Republic" and b
a others who have compiled its best defn
Iiy tious. as follows:
ed Martial law Is the law of war that II