Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1862-04-03

ere wanted for many kinds Of service just IS mu-h as
iropcIad onea and one such at Least may at distant
day be constructed advantageousy and without inter-
faring with the primary object hand at some point
higher up on the fse Fear some OF its branches
Cost all ready thirty to forty thousand dollars, which,
if built according TO the drawings and specifications OF
tie department would no doubt, he willingly taken at
cost into the Confederate service.
Going 30 Extr.lt s-sIartIaI Law aud oshtE Things
We have heard and read good deal for and against
martial law. We suppose that 10 all free countries
tal Law must be regarded something temporary IN its
operation and abnormal il its character for there no
principle Of we'll regulated freedom more automatic or
more CLEARLY established than that the military should
be subordinate to the civil authority The establish
ment or enforcement Of martial law is, therefore, mat
ter OF necessity and not of choice Of safety
called for by peculiar circumstances, means not an
end voluntary surrender for time of certain civil
rights in order to permanently such, well as all
other civil rights from being despoled by enemy
Most certainly the maintenance OF our civil rights AID
civil liberties the end fo which the people Of the Con
federate States Rave established government and taken
up arms for It's maintenance the end for which hun
dreds Of thousands of patriotic citze have, By enter
ing The army come voluntarily under the rules ri mill
tary discipline and pledged themselves TO obedience to
military orders They have done this that their country
may be free and inependent and that hereafter they
and their children and their chlldrens children may en-
| Joy all Il cir rights as citizens unimpaired,
Il we are right in premises and we think We are
then it must be evident that martial law is deviation
from the rules of civil administration which finds its jus
tifcation in the ssity Of the particular
to which it may be applied, and That this justification
can only 90 along with such necessity aud not in advance
of it. and that The application Of it calls for the exercise
OF wise and cautious discretion. Taking this view of
il, we have been somewhat surprised to notice in the
columns OF some OF our cotemporarits evidences Of
decided spstion to ask for and even call for the
tension Of marii:l law the communities for which
they assume III some measure speak, since martial
law, in its full operation aose"ds all civil jurisdction
even that of tie courts Of law.
Unless we are much mistaken, the wisest and most
experienced military commanders are far less anxious
for martial law than are some civilians who appear
clined even to clalnor for it. Indeed believe that
as general thing they are rather averse it, prefer
ring to sustain and cooperate with the civil authorities
in the enforcement of all rules and regulations
deemed requisite Tor the Preservation of the public
der and the guardianship Of the public safety. We
have heard that such course was pursued by General
Holmes at Fredericksburg, Va, where he instead Of
declaring martial law, the local authorities said
to have desired requested the authorities to pass rules
and regulations necessary to eject the purposes for which
martial law was desired aud be would detail Provost
Guard Tor their enforcement, thus avoiding any saspR-
sion of the Ultimate functions Of the civil authorities
or any interference with the jurisdiction of the colrts in
ordinary cases. We cannot help thinking that this
course is preferable to the declaration OF martial law in
it's enracy and supremacy, aud think, also, that it
is the which will be generally adopted, although,
perhaps exceptional may occur, where different
ton may be demanded by peculiar crisis or pressing
emergency. Yet these cases have been ard likely
, be but few and isolated
Another evidence OF this tendency go TO extremes,
or, to expressive yugarism to things into
the ground is Ifortd by the Presidents message sent
, in to Congress on Saturday last Some-alm0st any
permanent system is better than per petua changes
although such changes may be supposed 10 be for tie
better The aroused feeling of the country was and is
raF idly filling up the rauks o the army, and would
tIue 10 fill and keep led such ranks to any desi- ID
number that the Conederacy could either arm equip
maintain, and for the war. North Carolina offers and
will continue to ofar two men where one is called for
with Leave that to the States and if they fail to
pond to take the proper steps then let Congress and
the President step 10. II Governor CLARK is prepared
f to meet all calls tor North Cardinals quota what more
does President Davis desire? Ifmore than North Car
oinas quota rush to the Standard what has Preslden
:, Davis to object ?
President Davis and his Provisional Congress, know
= ing the term OF every in the army entered for
limited time, and of coarse when such term would
pre- reposed last Summer and Fall upon the glorits
Manassas and the hopes Of European intervention mad
no provision for an inevitably occurring and rapid
approaching event, deferred action until the last me
ment and then met the emergency by violent and haz
ardous which disorganiz ed army at the yer
time when the swollen condition of the streams Opeue
to the ncursions OF the enemys gun-boats vast region
OF country to which, under other crcums ances, the
: could never have penetrated However, that perilou
y movement in the face of an enemy has been performed
not, it is true, wholly without disaster, but wit
81 perhaps little rreparabe loss could have bee
reasonably anticipated. Most of the rwely
months men have gone in for the war, and the host
which presenting themselves for that period al
ut pear 10 ourun the of armDg them and no dout
N will continue to dc So if the enthusiasm of vOluntaT
ID patriotic eJrt be not dampened by another change
o. policy at the very critical moment. Is it nc
enough that the people rush voluntarily in any desire
r. number and for any required tme but must auhOrit
n assert itself by virtually saying we prefer taking you
&c accepting you. We would rather that IRE should mai
5e you come, than that you should yourselves.
er That CONSUMPTION by Congressional other autho
K itative enactment would have the effect of putin
W pretty efectuaf stop to voluntary effort must
n evident and to reaza this 1t anv one who has be