Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-08-27
.w.zRTEqE LIZ.
An Enquiry ~ 10 its GoRsIitutionnIitr in
she Confederate stairs.

An Inquiry ns 10 its GoRstiiutionaIity In
she Confederate stairs.
The Confederate States Of America have jus
started 0n q separate national eIistencs and s
new career Of freedom. AS ali legitimate pow
ers Of government are derivedsfrom the people
and as government Is ordained for their benefit
Il is their duty to watch It's operations witt
Jealous vigilance, and TO see shat It's functions
IN al its departments, are kept strictly wisbi1
toe bounds prescribed to IT, This is peculiarly
the time to scruiinize every act Of public agents
OF whatever description, and TO check. at the
threshhold, every encroachment on tie nights Oi
the people Evils are more easily arrested II
81 the outset they gain strength by toleration
let US therefore occasionally pause SIS we 90 on
snd be sure ihs. evSTy step IS taken IN the right
oireesioni thai no powers are assumed for the
government which It does not Tightfully possess
The liberties Of the people are often undermined
by gradual and progressive movements. The
innovation # to-day, if tolerated, may become
z precedent Of to-morrow; and passive submis-
son e one encgoaehment On tie Constitution,
however slight, VIII but provoke Others Of q
snoTe aggravated charncier. Power stimulated
by ambition, never rsaxes It's hold. The people
cannot. fherefCfe, si.h safety submit 70 the eX-
egcise OF even d5uo.ful powers. Let our system
be purified a. is very fountain, and it viii be
the mare likely to remain uucontsminsted IS IL
progresses. Had such caution been observed
with regard TO tbe government Of the United
Ssstes, It is believed that it would hsve remained
ursevered at this day. We sTe now IN q state
of war, is Is true, but that does not alter the
case; the Constitution cannot be expanded or
couTsc5ed 20 suit emergencies, either real or In
sRinary. 7. was formed in state OF war, and
mnss be supposed 70 hsve granted to the Con-
fedeTate government all the powers sdequate to
such 8 condition Of things, or, ct least, all that
the people deemed It prudent 20 grant No new
lights have broken upon Us or, # they have,
let The correction be rRade by suitable amend
rnents 10 the Constitution ia the manner pre-
scribed.
Tic ConfsdsTacy has been lsid Of into mill
tery districts and q nsjor general has been as
signed TO each, which is no doubt right and
proper But these major generals have placed
, 80 much Of the country under what they call
'IasTtisi law" that It may now b. said 10 be The
law Of The land. Is this tight aud proper also
Alta memorable epoch il English history The
kingdom was laid eff into divisions, With gea-
eral TO each and although we are not informed
that they declared martial law, yet the whole
ustCn wss sick OF government By the sword,
ana piued for government By law" L may be
that the people here viii have cause TO pine for
government by law.
IS m.rtial law hss been thus generally de-
Glazed, and as In some instances It has been en-
forced. fnl 0oA0L4tEs ssil4 uc u many Utltf6s
the writer proposes to ingaire whether il be
within the scope Of the poweTs Of the Confed-
erate government. OF U agy department. thereof,
OF OF al the dsps-tnsn-s together, or ol any
officer OF public iu1ctloDary, either cl7il or Mi
. itaTE & proclaim What is understood 30 be mar
tsl law either eyer the citizen, or the soldier 10
act0s1 service. Is It competent for our govern
mem or any o. is othcers to subject the citizen
wh IS wholly unconuectsd with the army, he
].
charged in g manner unknown { the COns-itu-
ton. for alleged ctfenses unknown 70 the aw.
sRd TO be tired and punished by a military officer
or tribunal TAese ere grave question, and
merit tie most profound consideration The lib
srtv Of the citizen is involved IN their solution,
and sdey should be promptly settled, since such
claims are now SCI up IN the very dawn OF our
government If it sh0nld turn out that nothing
but legitimate authority has Daen exercised, then
al is right and the people will the better IN
dsrsisnd the workings Of their government II
future But II, on the contrary, it should turn
ont that such e thing as msTtial law" is not
only in viciati0n Of the spirit and essence Of
reunblican rove-nunent, bus IN violation Of cur
biils Of liberty, and our Constitutional rights
then let condemnation fall where it is merited
II the Constitution has been violsted, the plea
of necessity cannot palliate the cffsnse; that IS
the tyrant's plea
the guh;eet that we should IN The outset under
stand what is Tasaat BY martial law What
i he definition Of itl sit a wsiten or an IN
written laW Is it embodied IN any known
code Of laws promulgated for the government
of the people Is it = prescribed rule OF con-
duct commanding what Is right and prohibiting
what Is Hr0ug7 Or IS Il g mere individual uu-
known theory Of night and wrong, locked up in
tbs bosom Of she commanding othcer, or mill
farv tribunal that may be called on to enforce it.
Does i hold g sort Of iEquis;aTIsl supervision
over the ec.ion Of men, snd by msgIcsl power
make crimes cut Of acts which were innocent
when committed CT, at least, not then 10 viola
fion Of anv constitutional or statutory provision
or Of any known rule7 It cannot be unwritten
or common laE, for two o5Vious reasons; i IS
no mart OF the c5nu0n iGw Of England nom
which We derive Wbas wsaaaye oi tbst system
But II u were so. the ConfsdeTate C0Fer1nent
has no eonmsu law. The Constitution, the acts
Of Congress, and treaties, constitute she whole
body Of laws O. the ConfedeTacy. Judge Story
and Chancellor Kent. cur ablest commentators,
hsve both failed o. she'd any iglt on the subject
Of asrnarfi2i law, sven by 2ci0ry cetinl-
ficn Of the term. And B.scksSne, whose def
r1itions are usually 50 pertinent and significant,
has no. ventured % define IT, except by quota
ton from Sir MsshsE Hals, who said that mar
ia law fs buit upon no settled principles, being
entirely arbitrary and ia truth 70 law at all
Al the commentary adds, "the necessity Of
order and discpiins in tho army is the only thing
tl,e+ carl rive i c0ontensnee. The ides that il
,.e-,i5 IL extended outside Of the army does not
-sor, "a have entered his mind. h speaks Of
4 sg something applicable to the army only. Il
t-,,a that Congress, by an express provision IN
ne Constitution has power 70 make rules for the
government and regulation OF ibe lano and naval
forces. and foT the government Of the militia
,rhs,s IN actual service Bat these Tulss are CT
sbonld be. written out and passed By Congress
IKE any other law Congress caanoE oelegste
e-S.f,sts poverto a military commander, nor
- erssn5 tllese rules to the ciiizsn. The ex-
e,f 81 its rower sn this PARTICULAR Is 10 prescribe
- for fbe oovernneEt of the army, and the
--;I;fia ryher ia ac.nal service iH time of war.
9,f fbss IL n II the martial law undor which the
oo,5trv i,ss been placed A short extract from
a. ,,rerlsrnation OF distinguished major-gene-
-ei vii rive us a more correct idea OF what IS
,,ezr,f af this day by martial law. he says
aRe there seems 30 be some misrepresentation in
--,sr3 % tie meaning and effect Of marital law,
tbs rrsnersi cOmmzaa.ag deems Il proper %
sss+e That it has been well defined 70 bs the will
~ ne military commander, but the extent Of
sss sction thai may be bad under it, cannot be
dsfnitelv anrcuncsd, depending as It does, upon
the emergency calling foT such seton. II Is not
INTENDED 20 interfere with the courts sither civil
on criminal. except 50 faT IS they may come 10
conflict with military orders AND according
81 tkis defnition has martial law been enforced
~ e.ts1eris aud Of course it viii b. enforced
ara;u. f2r no man knows when he msy offend
Thsr We are to understand thas 'marlisl law
4 tha viii Of the conmandiag general, written
or anKriitsn, promulgated or unpronuigssed