Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-08-30
mnrtinI Inv.

/ from the montgomery AdY6TtseEl
There Is evidently much confusion incident to
the times on this subject War is an exceptional
state Of society, which naturally enough tends
TO confuse mems minds as to the conditions Of
restraint and authority necessarily attending its
existence. 1t is all the more important, there
tore, that we should frequently TecUr 10 first
principles.
Ever since the writ Of hqJeqs corpus was re-
luctantly wrung from King John, by the English
Barons at Runnymede, IL has been regarded as
one of the most sacred rights of men, to be in
formed before the courts OF the country, for what
cause they were arrested, and, in the absence of
any legal or military cause being shown, to be
released. Hence we find a provision incor-
porsted in the Constitution Of the United States,
aud copied into the Constitution of the Confed-
crate States, article i, section 8, defining the
powers of Congress
"3. The privilege of the writ of hqJsas corpus
shall not be suspended, unless when in cases OF
rebellion or invasion, the public shall require it. %
All will remember the indignation with which
the South viewed tho first refusal under the Lin
coin administration, to obey a WI. sued out
before the supreme court, IN favor Of = party
illegally held on the charge Of treason, a. Fort
Henry, and the solemn protest entered by the
venerable Chief Justice fancy. for this violation
Of the Constitution. Since this case, unlawful
arrests and imprisonment have been 50 FREQUENT
- kII ANoAbA O. 1t 4CAAEA kAC VIII VI NuUtaS !
corpus an entirely obsolete remedy il that cOun-
try. Happily for the people of the South, they
have not yet been deprived Of this safeguard Of
their liberties. There are cases which make the
suspension Of the writ proper and necessary,
and these are clearly d,tned in the terms of
the Constitution which we have quoted. There
seems to be, however, a Misrepresentation as TO
the competent authority to declare martial law.
and as to the extent Of that law IS establish 9
- 1850 80 -. H.
day see 1t announced that this, that, or the other
commander has declared marshal law and APP
pointed such a one provost marshal. This is
all accepted as regular and legitimate, and the
community treats the matter as if they were
to military rule to the fullest extent. Il
will be seen from the clause which we have
quoted, tina. Congress is alone vested with the
power under the Constitution, to authorize the
suspension of the writ of habeaS corpus. In the
of this right, the Congress at It's last
session deemed it expedient to pass the follow
ing law:
Az ACT To Authorize the Suspension Of the Writ Of Ia
beaS Corpus in Certain Cases
SEC. !. The Congress OF the Confederate States
Of America do enact, That during the present
INVASION of the Confederate States, the Presi-
lent shall have power to suspend the privilege
If the writ of habeas corpus in such cities, towns
md military districts as shall, in his Judgment,
,e in such danger of attack by the enemy as to
E quiTe the declaration Of martial law for their :
defense.
Approved February q, 1862.
It is plain from this that the President is the $
person to declare martial law, aud be Is c
limited to "sUch cities, towns and military dis I
riots ss shall, in his judgment, be in such dan f
,er of'attack by the enemy as to require the +
Of martial law for their effective de-
The President has proclaimed martial O
aw in some few instances, we presume, in strict &
with the authority granted but it v
ollows as a matter of course, that the declsra- c
ion of martial law, by subordinate commanders,
las no authority in law, however necessary or
it may be TO the public safety. In .
many instances the impression prevails that =
here is martial law, where there is only q pro- =
ost marshal who holds his office by the request 4
r sutferance Of citizens, and whose duty is lin :
ed to the correction of certain excuses which s
is thought the civil process might be too slow =
reach. =.
Our only object in being thus particular in ] :
egard 10 this important subject, is to call the at .
sntion of cur civil as well as military authori- =
es to the original landmarks Of the country, Z
nd by this means prevent much unnecessary u
-ouble. In one or more Of the States there has :
cen a clash Of authority, growing out of as Il
on tue part Of the military, which is HI
luch TO be regretted. Military necessity" is -
very convenient plea for doing things in an 3"
-bitrary and dictatorial manner which can ~
.herwise be just as readily disposed Of By regu- "
r process. We trust there will be no unneees-
Iy collisions between our people in future.
7e must remember that we are all equal in this pi
and if we would live Ia peace, we to
ust lie mutually torbearing, and respect ches Fl
hers RIGHTS.