Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1862-10-21
Martial Law and the Suspension of the Writ
of Habeas Corpus in the Senate.

of Habeas Corpus in the Senate
The discussion in the Senate, Thursday
morning, Of which we gave sketch in the Leg
islative proceedings Of that day, was an ami
mated and interesting one and the vote upon
Mr.. bimunds resolution, respecting the i'm
prisonment Of certain men in Chittenden County
for disloyal practices, was certainly most inn
portant and significant. Every member Of
the Senate, except MIR. Edmunds, voted against
the resolution. The reasons, however, which
led to this general agreement of action were
doubtless not in every case the same. 1t is no
doubt true, that every Senator as much respects
the rights OF the citizen, and is as much devoted
to the preservation of the liberties of the peo-
pie, as is Mr.. Edmunds 1t is also unquestion-
ably true, that Mr.. Edmunds as heartily sup
porIs the administration in all legal measures
for suppressing treason, as any other Senator !;
and II he stops short of others in his approval Of
every act Of the administration it is not from
any desire TO embarass the government, but
rather from his greater love of what he regards
the most sacred rights OF the citizen and he
would justify his own course by saying that he
did n tyalue the administration less than Others,
but he priced liberty more, and esteemed the
rights which governments were instituted to Sc
cure as Of paramount importance.
But the vote Of the Senate is we think to be
interpreted as an expression Of opinion that
what in some instances may prove hardship,
aud may possibly work wrong to an innocent
man in an individual case, must 10 the exigen-
cies Of the moment b. submitted to as one Of
the evils of the time The nation is in a ter
rifle struggle with armed treason The traitors
have sympathzers in the loyal States, who are
poisoning the minds OF their neighbors, and
friends if they chance to have any by the sub
tile venom Of their hate Of the government
There is but one way Of preventing this, and
that is by proclaiming martial law, and holding
such enemies Of their country liable TO be a.
rested and imprisoned at the pleasure of the
government. We regret beyond measure that
there should be any occasion for such pro-
cecding, but the necessity having occurred, and
the government having acted, it seems to US that
our duty now as good citizens, is to make the
best Of it. The man who suffers in Jail, even
inn0centy, has no greater hardships to endure
than the thousands of men who are under mill
tary law in our armies and who are governed
with a rigor unknown to any other department
OF the government.
The general government ought, however, to
exercise the utmost caution, lest this power
should be abused It is a dangerous power at
the best, and should be exercised with the great
est circumspcction. Tie leaning Of the gov
eminent should always be towards the liberty
Of the subject; and so, If the case OF disoyal
practices appeared doubtful the traitor sympa-
thizer should have the benefit Of the doubt.
Even then mistakes will occur, but while we
believe the government acts honestly S07er-
cisa State should hesitate in implicitly censur.
IN it by ordering an investigation, as 1t might
prove an initial step to very er;ous con-
act between State and Federal Sovereignty,
And in this view, il in no other, and because it
Gid not appear that the government bad been
petitioned, or demonstrated with in the cases
which gave rise to AR. Edmunds resolutions,
we think the Senate did exactly right in so de-
cislyely dscountenancing any State action on
the subject.