Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-08-21
MARTIAL Law FIRST PRENCT-
PIES CONsTIFUTIONAL LIB
RRTE

Us 81 "a
PIES CONsTITUTIONAL LIB
KITTY.
The extent Of power and authority exercised
by some Of our military commanders during the
progress of the existing war, has arrested public
attention and naturally awakened the anxious
reflections of all who value constitutional lib
erty, and would preserve its only sure and SAFE
guarsnty's-heedom Of speech and the press
Muzzle these, and despOtism runs HotOyer every
form Of right, liberty is swallowed up, and
tyranny rapidly and necessarily suPeryenes.
Whether there is any power under our system
Of government for the declaration Of martial
law, IS : question that admits of some doubt.
The gist Ct the whole question is whether a
military commander can create an ohense IN
known to the Constitution and sfx penalties
thereto. Some such powers we know are claimed
IS incidental to the war making power and as
military necessities, but even in such instances
the extent and exercise of these powers should
be prescribed and limited by Congress, if IN
deed such functions belong to that body at all.
The people Of this country from childhood
have been taught 70 regard their rights, both L.
gal and national, with great jealousy, and as the
best means of fully understanding and pTeserv-
ing these rights, a frequent recurrence to first
principles is necessary. Even in times Of war,
the great fundamental principles Of c~onstitu-
tional liberty should not be lost sight Of, lest in
fghting fr our independece we lose our birth
right which alone csn render independence de-
srable.
As having g direct bearing upon the principles
or ideas here limited at, We may instance the late
order Of Gen. VAN DoRN in reference to the lib
erty Of the press. to which we have not hitherto
alluded for the reason that we did not wish to
come in even seeming conflict with any Of our
military commanders while the enemy were
pressing upon us from all sides and for
the further reason that there was no arbiter
OF judicature to whose adjudication the ques
ton might be brought But now that Con-
gress is in session, we deem il proper that
the matter should be brought to the atten-
ton Of that bOdyin order that the whole question
may undergo investigation.
The order alluded to provides that the editor
or proprietor of any newspaper, published in bis
department, shsll publish any editorial article,
OF copy into his paper any article or paragraph,
calculated to impair confidence in any of the
commanding officers whom the President may
see fit to place over the troops, such editor or
proprietor shall be subject to fine and imprison-
ment, and the publ alton Of the paper hereafter
be suspended" :
This reads very much ike an imperial ukase
II III L. 49,. - a
think 1t viii puzzle the author to point 70 the
source whence he derives bis authority for its
PRONUNCIATION. The freedom of the press is e1-
pressly guaranteed by the Constitution, the fun
law Of the land, and q blow at the one
IS a blow at the other. Had such an order issued
rom a higher source, it might well have excited
he fears and just spprehensions of the people
everywhere for the safety and perpetuity Of our
.epublcan system Of government. Had it come :
rem the President or eommander-in-ehief Of Z
armies, it would have raised a storm of In :
fgnsdon even more terrible than the legions of /
To muzzle the press is to suppress
he freedom of speech, the sacred right q free l
nan enjoys, and we very much doubt whether, {
1pon more mature reelection, Gen. VAN Dorm 1
have given publicity to the foregoing
:
Asperfnent TO this question, wedeem it proper =
o append to this article the following clear and I
uccinct argument, which hss been put in circu- ?
in this State, and which, we learn, viii be Il
to Congress in the shape Of a petition
X APPEAL 10 h PRESIDENT AND CONGRESS b
OF THE CONFEDERATE a T OF AMERICA p
O THE SUBJECT OF MARTIAL Law. II
Marital law has been declared by a military Il
commander over seventeen counties in the State l.
Mississippi, snd al the counties in Louisiana
ast of fhe Mississippi river. The same com "
,ander defines martial law to be the viii Of Ii
be military commander" Al
Sir william Blackstone says martial law is
upon no settled principles" is entirely o
-bitray IN its decisions, p -" is In truth and re-
itv no law, but something INDUCED rather than
lowed as law" We derived most Of our iuris- la-
udence from Engl1nd, and some ancient pre- !.
sdents for q declaration Of martial law by the 7.
.ngs and queens Of that country can be found 10
bese preeedents, however, occurred before the th
gal power Of England was well defined and IL
FinallE the right TO declare martial
~ BY the King, without authority Of Parlia- pO
sent, was abolished and prohibited BY the petit ia
,u of right IN the reign Of ChRTlesL no king IS
IS dared 70 exercise the power in England, ~,
thgr Ia wsr OF peace, for moro than one hun "
"a and fifty years. Parliament has in two or SCI
instances ventuTed on the exercise of mar pr
Al law, but il was in extreme circumstances, no
ID usually embraced IN its scope only those NJ
tuallv in arms. It must be remembered, how '"
rer. that Parliament is unlimited in It's powers an
is true that Lord DunmoTe, without any au- Of
.ority from his government, declared martial nj
in Virginia during the American revolution /,
" L.. FAF
ID the Virginia assembly denounced 1t es " an reT
.sumed power which the king himself cannot az
.ercise las it {" snnuls the law Of the land, j.
ID introduces the most execrsble Of 81 systems, H9
atrial law in'
TIE question IS not, however, whether any Of
argant for the exercise Of the power can be
md II English precedentsi nor Is 1t even de-
ndsnt upon any American precedents. Ours
! government created by q written coBsttu coi
,n2csrefully distributing its powers into three rae
.rsrtments, and limiting the powers Of each %
nartment most accurately and distinctly, and On,
he same time securing, to the largest extent
q Ehartv of the citizen. II our Constitution
:. not authorize the exercise of the power, no
,mber of precedenH can justify it, for let it be pa
rever remembered that the Constitution and
made IN pursuance thereof, fnrnlshthe only Ba
iboTity for any act OF either department or ste
snv ofscer of either department OF our gov Fe
,n,snt The declaration Of martial Law at New ira
- nv General jackson, is, therefore, OF no
sI N the argument. TIE question returns
: ce,ersl Jackson the authority to exercise "
@s~' Z may, however, be useful to re- PEI
I sb.t Geaeral Jackson only declared
- Lev over his camp and the imhediste
ID bs military opsrsaons-that he was IN wi
! midst Of the most periious clIcumsianess- mi
49, .be nopulston Of which represented ste
nv nat;ons1hst be country having been ies