New-York daily tribune., 1862-10-09
nd bs launches into homily about observances OF

law and invokes the names of early and eminent
jurss as though it had some possible re aton 10 Tue
question, when it has no more application thnn the
| farewell address of John Rogers to his children
TIaugbrerl Tlis Rebellion caupot well be sued by
summons aud complaint, nor brought to trla peiote
Justice OF the peae or referees under the code nor
siieucei by a grand jury, nor be conquered as .ls
County Court. nor held 10 bail by Judge nor ,rlcu
at the circuit, have an electuh tetehee UT uu5
ment affirmed by the Supreme Court or Conrt
of Appeals. No one should fail TO symIathize
with candidate, Unexpectedly mIirih8 "
gu ernatorial bonors whose condition Is SO neceS
sous that he cites the words oil lord niuIls
/ field on the occasion of the Gordon or " no Iopefy
ro,s nearly century since, to prove that 1oVer"-
ment assaulted by conspiracy aud armed Kebe'ii' H.
Las 10 r,medy but what is specified IN the Cohs'i
ton; written in statutes or prescribed by the BLOW
ard Intellectual process Of the common Jaw, OF ~
has, should not employ l., for 1t means that or IL
has no meaning. Here 1t Is:
"Wbeu En,l.nd was asaied by this throes Of vioence
when the prr.on of the kirg insn.d when ralsmen
wss p-.eg.d by m b. maddened by esotf' "heh hs 1
harn.d by ncsndsry fret, he those words
which checked Unlawful power AMI Law s,s violence
lie the, cyrry citizen YVES enidto hi shs eo'tu
rrocsdures Of the snd lie showed to tie
world the calm snd swful majesty ofueaw unshaken anna
ronyulions sefeaDt iis strength and purity II was
driven which destroy the 'prt oi 'av Woo &c
wa, rebusrd the heart Of he nation was reassusd sense
,ecuiit, grow up, and the storm ws' snltd listen 70 us
M.rablc Is the CONDITION Of individuals dangerous is
the condition OF the State. where there Is no certain w Or
,ht thug sin sduinsrdtion of Jaw, by
which individuals may be Protected AID the se'e uaae se
oue'"
timeu,slize Oh the beauties Of the common law, aud
such efforts appear well enough III juvenile law
schools or with beginners at the bar; but when ln-
/ yoked AS q means of conquerlng sue1 rebei Ion,
they are rs ridiculous as would be homlly on
moonsbne to arrest an earthquake llaughutl, an
/ npostrophe TO the dew, Of evening amidst burii-
cane Iccntnued lau.hterl, or a prescription Of Mr. {.
Wiusloy's soothing syrup for the A,ia;ic cholera
\ lGreat laugbter II Mr.. Seymour himse had read,
or had Permitted bis hearers to have read from his
cruai,e production little deeper into tins scrap /
history il would have appeared that IT was u ere
not or mob, over the repeal of the penal laws
apainst Cnihuhcs-a question concerning iaillcu-
lar measure under the GOvernmeni-and bad no
relation whstever TO tho question oil the Dn'i-L
4 Government or iis Integrity, or Hs fundamental
uws: that lord Mansfield was one OF The victims 81
violence and uttered what WAS excellent rrr-e Tor
the occasion. bu, which, If u had been proposed as
an aniidoe for rrllion with Ian million of men
/ in arms agaust Government, with ire aNowtd H.
tent oil subyertug Il, would have a cared ns cuehti
and puerile and shallow, and redHntic then, "a. iis
sugeesrioa tor the same purpose does row. On,
Constitution and written laws are tie enah'ious oi
Government prescri ling rules ard reyul lions Tor
it's ordinary administration aud 9uidance aud cehn-
ing and lni ing it, powers for The protection Of ia
citizeis. But Governments make Censii utIons aud
/ aw.-Conriitui1Ds aud laws do not make Govern
ments lCheers.l Constitutions and laws are 10 te
ob.eryod in all its civil polity, and ordinary e1igeu
ces even in wsr; but among the first night and
nriyilegss and highest and hOest duties and orlga
lions OF Government is the preservation Of is own
existence Constitution, law, freedom Of speech,
liberty Of the prc's-usurpHiion, ~ rnny, &C., are
wors easily prated, aEd even parrots can be- tnnght
them. But men should know that the ni tincts OF a
GOy. rninen', a. oi al Individual when assaulted,
are sel-d fence Tie father and protector Of Ia Gc.
pendeut flnily who should Ail To employ ali bis
~ gie, when asrailod by murderer andlt and
instead thereof proceed 10 rccite from law took,
would, II sain, rank with ruicid's IN The tighi ~
God and man: AM Chief Magistrate who sbonld
iail 10 protect hs Government agaInst i0regn or /
oonesiic toes, armed or unHru ed-wheiher nvOwed
or 81 .i'ent-whetier WELDING oleuly the i'm lemens.
Of Death Or iasidiou'y a'tins IL, The advocate and
Apolo,q of rcb-lhon-wonld himicli be guilty OF
Treason aud would d.seryo impeachment, ooDyc- /
TOO, snd execution. Great apI Inuse. Iho.e
who volunteer Il, cxponsnts or orac!es Of con-
stitut on. aud law. should vt least undersand
the subject they dlseussing--should know |
,hA, in ,imes of peril TO the nation martial
law inhefcs In the very es,enoe and exist
enco of every Government as great necessity aud
NAV be aud rhould be- g--eVttd when requisite for
Ito preservation OF i- life and being. war of re.
belliou j. fearful sud alarming reality, snd is
r,ithsr TO De run AWAY ir0u nor Quoted by Ieciing
boarding. chool homilic.. I, demands and should
receive every element OF power which slurbcrs N
the bosom Of he nation. When Lord Wcllin gton |
uion an exigency proclaimed martial Law. on being
a,kcd what IL wa replied that II WAS the discrctioa
Of hc Compondrng General Cheers. Military
law is the law for the government Of Tie military
forces o. ration. MaFtibl law Is more Rigorous
etill, wider in it, APPLICATION, aud Is defined by
Smith, early and eminent writer, in his " En-
g.ish Republic, and by others who have complied
its best d,tbi IONS az follows;
"M,rtis law Is he law of war tina, depends the Just
bu, arbitrary Of tho hns tor though he Doth not
any isw bot by ecu uon .ns.ni 10 Parliament y. Ia
tim, o by rraon q thr n,cr.y oi H. to susrc .ssn,
dangers tha, sr-, BE- u,eh absouir power ttst BIZ
word 1. lew hen 10 time 81 cIifene p- to the sia'e
tru.ied 20 ordinsfy adnisfai1n, the pubc wog-
demand, udopon e,ecuiion Of eGtraorinary mea
sure. may become heee''sy to dece tie existence Of
The President bas no such power as a civil mogls.
traie IA the ordinary administration Of the Govern
ment, hut, IN "a tine of conspiracy, fe6elli'n and
war, as CommaDdcr-in-Chiei, when IN his judgment
tie public ,aety demands IT, he possesses, aud may
aud should exert II ssary Gs much power ns the
au,ocfat OF all tie Rnsslas, Tor the pufpo-e of pre-
serving from destruction the GoveTnueBt oonhdei to
him. Great cheering. 1t is power dangerous
aud liiblc 10 abure-thould always be exercised
with caution, and only ~ times OF Danger; but in
snch n Ieriod II Is the Government salvation and
rock Of deieuse Cheers
TIE coure OF the President in arresting spies and
the apolOsists OF rehelou-in snppres,iug treason.
able lresee,-in suspending the habeas corpus, and
in laying his hand upon tho aiders aud coinforters
and nbettors of treason and conspiracy, entities bin
10 the ndmintion and thanks of every good citizen.
Let assasrius whct their kuves-let sIies aud trai-
tors aud pimps and inlormers scowl and gibber and
whisper GifoOnten because the " freedom of speech
j. abndged-let conspiracy and treason plot at their
Internal CONFERENCE.-The politicans scheme ana
elongaie and contract their gum-ehsic platforms to
sut emergenies-iet trimming, balancing Joseph.
Surface candidates indulge in ground and LOFTY
tuinbiing to divert popular attention from the true
l.sue-lel peetileut newspapers engaged in smulat-
ing rebellion and sowing broadcast eceds Of dsunOn
and revolt among the people in the name Of the
" liberty Of the pross" spread abroad their -con.