Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-08-27

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tsinty, shall make another extract from the pre-
, ciamaiion from which our definition is derived
. for whilst il leaves in the main the exten. o
the ssctiOa that may be had under i" (martis
law, 10 be determined Gs emergencies may arise
"a most falictoUs invention it does, nevertheless
/ define few Of the crimes it will punish. Th
Sd specification is in this language: "The pub
licaIion OF any article ia toe newspapers in ref
erenes to the movement Of troops is prohibited
and if the editor or proprietor Of any newspspe
published IA any OF the counties heTeinbelOr
designated, shall publish any editorial article, 0
copy into bis paper any article or paragraph cal
culsted to impair confidence in any Of the coH
mAndiug officers whom the President may see e
to place over the troops, such editor or proprie
tor shall be subject to fine and imprisonment
and the publication of the paper shall be there
after suspended Every one wiz at once SCI
the utter and irreconcilable conflict between tht
clause of the Constitution quoted and this arti
Gle. Comment upon il is wholly unnecessary
except to say that it looks as though it Wa,
framed for the specific purpose Of sbrogating
the Constitutional provision. The liberty of the
press is too Important to be thus stricken down
by the mandate OF any person or body of per
| sons, legislative. Judicial or executive. Tae
prees is the medium of intelligence to the pea
! ple-the faithful sentinel that warns us of dan
| ger L. is the good mans shield and the bad
/ HAL bCOUlEb H. Is buS IOpo OF 2O0u puDIe
| servants and the terror of bad ones By its in
! strumentality the cue receives his Just reward,
ana the other his just punishment. Equal in
! Importance are tho freedom Of religion and the
| liberty of speech, but all may bs laid PROSTATE
| by the terrible arm Of martial law Isolated
cases Of injury may occur from the liberty of the
! press and from the freedom Of speech, bat what
are they compared to the plblic good At this
/ time particularly should the press be left fres in
te-1fs
| who writes and publishes malicious falsehoods,
is rather to be piled he is sure to bring pun
ishment on himself; and if any one should tell
| but the truth, it is unjust to punish him. The
/ Congress Of the United States had the temerity
| TO pass whst IS known as the seditiOn law It
prohibited tie speaking, writing or printing
any thing concerning any officer that might
damage his charactec, and ia like manner pro-
hibited The speaking, writing or printing any
thing that might DO calculsted to defsme or ira
d1ce the President, or the courts or judges, IN
der penalty of two thousand dollars and i'm
prisoumsnt. TIE Law before Us is rather more
harsh in prohibiting the publication Of any arti-
Gle or paragraph calculated to impair the con
fdeace in any Of the commanding officers" un-
der the penalty Of fine without limit and impris-
onment, and it superadds the stopping Of tho
press. 1t becomes editors and Publishers to be
exceedingly cautious, since they cannot know
/ Q
Impair confidence" They had better not even
praise too avishly, for the mos. bitter irony is
soma times uttered in language Of adulation.
Whilst the sedition law was pending in the
House, Mr.. Nicholas, Of Virginia, said he was
not ready to create q domestic tyranny. The
peopla of this country were competent Judges
Of theiT own interests and he was desirous the
press should remain free to give them infor-
nation relative to them; and to re-
strict it would be to creste a suspicion
that there is something in our measures which
sught TO be kept from the light. It was striking
at the root of republican government to restrict
the use of speaking and writing" The sedition
law had but brief existence. Public indigna-
ton soon consigned it to G grave of ignomy, and
il is hoped the family vault may be large enough
to receive, very soon all It's kindred, under ike
funeral demonstrations. It's spirit, however,
seems to have been a restless tenant of the
tomb. Having got rid of its old enemies, it has
lately arisen to greet its old friends under whose
protection it is now driving the car of dsspotism
in triumph over the liberties of the people in the
dominiOns Of Nc. Lincoln. Now if our Con-
gress should so fer forget its obligations to the
Constitution as to take up this same clause in
ths proclamation and pass 1t into law, [ ven
ture TO say there is no court in the CsnfederacY
that would not at once pronounce it to be IN
constitutional In regard to the liberty of
speech, one is in constant lear lest hO should
utter something that may be offensive TO the will
of the commander. Our State bill of rights
declares that every ci,izsn may freely speak,
write aud publish his sentiments on all sub
jects, and under the idea that this liberty could
not be taken from US, we have lived in the con-
stant habit of unrestrained freedom in this par
ticulsr. To such people the restraint is more
onerous By tie freedom Of speech and the
liberty of the press, we reform abuses in our
government. We cannot kno either that we
can boast of the free 1om of religion this, too,
may depend upon the viii of the commander
Even Tiherius, who was tyrant, is reported to
have said In free State the mind and the
tongue ought to be free
shall next copy three articles of the Consii-
tuition together, as they may we'll be noticed
collectively.
Article Is of section 9, is in these words
CO. The right Of the people to be secure in thsir
persons, houses, papers and effects, against un-
reasonable searches and seizures, shall not be
violated; and no warrants shall issue but upon
probable cause, supported by oath or affirma-
tiOn, and particularly describing the place to be
searched, ana the person OF thiEg to be seized"
{" I6. No person shall be held 70 answer for
capital or otherwise infamous crime, unless on q
pTessntment or indictment Of a grand Jury, ex-
cept in cases arising in the land OF naval forces,
or in The militia when in actual service, in time
Of war or public danger nor shall any person
be subject for the same offense TO be twice put
in jeopardy of life or limb nor be compelled,
IN any criminal case, to be a witness against
himself; nor be deprived of life, liberty or pro-
perty, without due process of law nor shall
private property be taken for public use without
just compensation"
+" II. In all criminal prosecutions the accused
shall enjoy the right to a speedy and public
trial. by an impartial jury Of the State and dis
trict wherein the crime shall have been COM
mitted, which district shall have been previously
ascertained by law, aud be informed of the
nature and cause OF the accusation; to be con-
ironted with the witnesses against him to have
compulsory process for obtaining witnesses in
his favor; and to have the assistance of counsel
for his defense"
The same provisions are contained in our
State Constitution in almost the same language
These several clauses are repete with wisdom
They are safeguards placed AROUND the liberty
of the citizen, dictated not only by judgment,
but BY the history of oppression IN past ages.
They originated out of abuses preciced in the
more barbsreus days of that nation from which
we derive our notions Of laws and constitu-
tons. The 18th section probably originated out
Of injuries perpetrated under martial law. It
was some times the habit in England to issue
what were called general commissions to pro-
ceed by martial law, and 1nder these commits
sions many outrages were committed on the peo-
pie Hence the petition Of rights, which will be
noticed hereafter, set forth this cause of griev-
anee, that people were arrested without oath,
and without special warrant. Martial law now,
however, arrests without foundation by oEth
or affirmation; it dispenses with the grand jury,
and it tries and Furnishes without petit jury.
These rights are all taken from the citizen by
/ its unfouuded claim TO omnipotenee There is
an exception in tbs l6lh article which merits
brief notice. Il secures the benefit of grand
1 jury TO ali persons, except in cases arising in
| the land or naval forces, or in the militia when
i in actual service in time Of war or public dan
ger" And this exception is necessarily in
cluded by intendment in the 18th article, for
there can be no trial by petit jury except on an
indictment by grand jury. To what class of
cases aud to what persons does this exception
1 apply as not being necessarily entitled to
the benefit Of an indictment BY grand jury,
and trial by petit jury The language