Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-08-27
VOLUME XIII, NO. 2O4


one But, ike all men, he vas nos He was
# j. true. good, e great aud q patriotic men
and hence q safe depository Of power But Il
By no means follows that al generals are and
VIII BE- ike him. Gen. Jackson no doubt hon
esty oe-leFed be had the power which be exert
e. ana BIS high character makes the example
me more unfortunate, since is is the more likely
70 De edopted ss g precedent It was precisely
ous OF those Innovations 10 which I have
Z already alluded, that becomes precedent f3r a
second and more aggravated innovation. Hence
/ ihe greater reason for checking its progress.
AEOtheT4eDetiii0n viii establish it es a perms-
nens and acknowledge feature Of cur govern
/ uent. We are now acting under a new govern
ment; let US get nd Of the influence Of tne evils
/ Of the cd one, and be sure We set no example
I that msy prove dangerous hereafter. Bat Gen.
! JacksOns example has been far eZceel leds hs
! proclaimed martial law over the city, and de-
elared the city 10 be q camp, which, as Judge
I Dubigney remarks, no more made u 50 than
would the ike means transform .ae camp into
city. Now martial law has been proclaimed
over large districts Of country embracing many
counties, some Of them far distant from an en-
emy and IN every town we have a provost
marshal with very extensive Jurisdiction and
also q military commander or governor. Our
State officers are scarcely beard Of, from the
governor down The President as commander
in-chief, may, with equal pTopriety, proclaim
martial law over the whole COnfederacY- aad
convert It into camp and the government iH.o
campaign We may not apprehend danger
now iEon so extended a warfare on the peoples
rights But unless ali history be deceptive. aod
II human nature be not greatly changed, we
may know the eud Of the present beginning
The people are now suffering the petty t0rtuTes
incident % the inauguration Of z state of subiG-
CATION the more enormous ones lie in advance.
Others may possibly say thas martial law is 5
measure OF necessity % give more yig0r 20 the
government, and TO get nd Of the tardy move
ments Of the law, in order that the government
may the more elfeetually defend itself ] deny
the force Of any such Arguments; they by no
means prove that martial law IS Constitutional;
At most they only 20 to show that It 0ug4
to Be Constitutional. They might tspd %
prove that We have very imperfect government.
also take issue on the fact Of necessity, and
utterly deny the policy. The Constitution n
vests the government with all the power Iequl-
site to carry on war, 70 suppress instructions
and 70 repel luvssl0ns in the most speedy man
neIi and martial law cannot by any possibility
contribute 70 its means Or acceleTsts It's move
msnts. he army must be raised and organized
preparatory 10 the enforcement Of msrtial law. it
IS therefore a secondary measure If the Con
susuuon be detective amend L. II the laws be
defective amend them. This is the safe course,
and it is the only safe one.
Martial law viii produce well founded preiu-
dlces sgainst the government; It is already haT-
ing that effect Il viii bling it into c0ufempt II
the estimation Of an intelligent people a. home,
snd make It the subject Of scofihg and m0ekery
Of foreign nations, as the Northern government
Is already from the same cause. 1t viii at5Td
rich theme for the enemies Of free government,
and produce cause Of shame and humiliation with
its friends.
Aud how long Is this state Of things &c lzstl
Is Il war measure to end with the war; These
is just Gs much authority for it il peace rs IN
war. But how long is the war TO lasH No 0Re
ca answer the question, because We cannot Of
ourselves very well bring 1t to close. The
United States government may desire 20 make
a first Punic var Of IT, which lasted tweuty-four
years Be its duration long or short, We shall
probably realize, possibly when too late, the
truth of the maxim "that to i've by one mans
viii IS the cause of all mems misery" I main
tain that the war can be best carried on, and
ended with more credit 70 ourselves by a stTICs
adherence to constitutions and to laws Let rs
prove that we ars q law-abiding people. In q
republic law Is the viii Of the people formally
expressed through thsir representatives aud reg
ulsvly promulgated. A1d al public functions.
RES are but the agents Of the people, bound %
obey their viii. Now il would seem the wiz Of
the agent Is the law TO his principal The soUcs
Of power IS converted into the OBJECT OF s1bjsct
Of power. IF we would preserve q republic ia
substance, it must be kept within It's pT0per
lsndE9srks, else we may be deceived by name
without reality, It msy become fixed despoCsu
in Disguise Let u not be content TO boast CT
the mere name while We hug the cl7ssT She chains
that bind us. Burke, in the exuheTanes Of bis
fancy. maintained thas all governments were
alike IN etfsct-all tyraunies. II IS 70 be hoped
he was deceived, yet if we permit poison so
deadly to be Infused into our body polite at It's
very birth, to r&gkle there til it produces dissO-
Ia ION, It msy turn out thG! be vas right.
I have Thus endesv0red to show that neither
our government, nor any department thereof or
officer, can coustituti0nslly enforce martial law
over the citizen or over the soldier except 70 the
extent and IN the manner prescribed. Yet this
has been done, and what IS the remedy Our
first appeal must be to Congress That body IS
competsns to the task, and it IS hoped that, fore
seeing the evils likely to result, the proper rem
edy viii be spplied. If, however, Congress viii
not iGteFp0se It's authority, then amendments TO
the Constitution ii the prescribed mode Is the
only siternaive. Let it not be said the evil viii
soon pass off, and Is IS therefore unnecessary o
inteEp7se. L may last long,ssud Il may run to
great extremes. Besides, if the Constitution has
been violated, no difference how short may be
the duration Of practices which is based on
such violation; the object should be to preserve
the Constitution intact.
COMMON SENSE.