Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1862-09-24
Remarks of Senator Haynes.

Remarks of Senator Haynes.
We copv from the Richmond Enquirer, the fol-
lovine remarks delivered in the Senate by Mr.
HAYNES of Tennessee, on the resolutions submitted
BY him, and published in our last: :
Mr.. HAYNES said, be was surprised at the extrsor-
dinarv speech of the Senator from Mississippi Ihe
resolutions had been referred to the Committee on
the Judiciary by an almost unanimous vote OF the
Senate. That Senator now moves RECOMMENDATION
of that vote, The Senator said the first clause OF
the first resolution is designed to prevent any COM
mander from abridging or suspending the freedom
of the press or Of speech. Truel But the Senator
seems to be opposed to that He says the Consti-
tuition does that. Mr. H. agreed with the Senator;
but he would inform that Senator that the Consti-
tuition provided penalty for the abuse or suspen-
sion of the constitutional guaranty. Congress has
mower to establish post Offices and post roads, and
does not the Senator know that Congress has passed
law to punish the robbery Of the mails as felony
WhyP 10 secure the successful execution Of the
power The resolution proposes to secure the l5-
erty of speech and of the press by the enactment OF
suitable sanctions. For it is known that military
commanders have suspended both. The Senator,
suppose, has read the proclamation of Gen. Van
Dorm oyerthrowing the press in Mississippi There
is distinction between the liberty of the press and
of speech and the criminal abuse of the privilege to
incite insurrection or rebellion in State. MrsH.
would have all men free to speak or write; would
have them responsible, not for criticisms on men
and public functioharies, but for the crime OF STIR
ring up rebelions against the Confederate States.
Why the Senator was opposed to this, he could not
see The sedition law inflicted penalties for defam-
atory criticisms upon the President and other fuuc'
tionaries of the United States. Mr. II. had always
been opposed to that. This resolution instructed
the committee to report bill defining the crime of
melting instruction or rebellion in State against
the Confederate government and of annexing the
proper penalties Is this not right? Mr.. Fl. said
there had been one rebellion in East Tennessee -
The bridges had been burned it had been stirred
up and brought about by certain disloyal men. If
another should ever occur, or any one should at
tempt to stir another he desired the crime defined
and the penalties annexed by law. Such an offence
does no: technically amount to treason and there
fore, no punishment can now be inflicted but mill
tary punishment.
Said Mr. H., does not the gentleman know that
within those districts wherein martial law has been
proclaimed that the civil jurisdiction Of the courts
State and Confederate, is suspended that the Con-
stltuton is subverted pro tanto, and no jury trial
can be had \ citizen cannot be tried by court
martial. Those only who belong to the land and
naval forces can be SO tried, or to the militia in the
actual service of the Confederate States, or of the
several States.
Mr.. H. said the last resolution declared that mar.
tial law is unknown to the Constitution. He now
so declared, and challenged refutation. The law
making powers Of this Government are lodged in
Congress only. There is clear distinction, recog-
nized in the law books, between military and mar
tial law. Military law is to be found in the regu-
ations Of the army, and the rules and articles of
war prescribed by Congress under the constitutional
power to make rules and regulations for the govern
ment Of the land and naval forces. But martial
law is the arbitrary will Of the commander, put
into execution by physical force 1t subverts the
Constitution, the laws and the Jurisdictions of all
the courts, State and Confederate, and substitutes
the musket and the bayonet for process, and an
armed soldery for the judge and jury. 1t is moth
ing more or less than military despotism. The
Senator says that, according to the resolution
tal law is unknown to the Constitution; and yet it
proposes to abolish it. II it has not been set up,
says the Senator, how can it be knocked down?
Mr. H. said it has never been set up in the sense Of
the Constitution, but in fact only. 1t now rears
aloi its horrid front and shakes its crest of brst
ling 5ayonets in the face of communities IN numer-
Gus departments. The brass buttoned gentry are
the arbiters of the public liberties in such depart
ments. The war, said Mr. H., was naugurated to
defend constitutional rights; but ought not to be
used for their own subversion. Let the military
force be subordinate and supplemental to, and come
in aid of the civil jurisdiction.
The resolution does not justify martial Law that
cannot be DONE 1t declares that apology Can
be found for it only on the ground of paramount
necessity. He did lot wish or intend to condemn
the President for its declaration. He believed the
President acted as he deemed was best and from the
most patriotic motives. Mr.. H. said he was unwil-
ling to say that there could be apology for the
declaration of martial law under any circumstances.
If it were paramount necessity for the public safe
ty, then it was for the President to throw himself
back upon the primary principle Of self preservation,
which belongs to States we'll as individuals, and
do what, IN his Judgment was essentially necessary
for the public safety. 1t was for him to take re.
sponsibility which could rot be justified, however,
under the Constitution at his own peril.
The resolutions further direct the committee to
INQUIRE if there be any power in Congress to pro.
tect by law those who have proclaimed and admin
istered martial law against actions for damages in
the courts.
wal any lawyer say, that If what is called Mar
tal law is known to the Constitution, and is indeed
subversion of all civil Government that those who
proclaim and administered it in the arrest and i'm
prsonment of citizens could not be sued, as tres
passers alb anitio? With view to protect those
who have, bona fie, exercised this illegal authority
he was anxious to provide legal exemptions.
Mr., H. said that liberty in all ages and countries
had been lost by patriotic invitations OF the people
in the first instance to the exercise of unlawful but
what they considered necessary force. The plea of
necessity had been the entering wedge, which made
the first breaches the walls OF freedom through
which despotism had usually entered. tie desired
to prevent them in time.
The Yankees destroyed all the works and engines of the
Memphis and Charleston Railroad before they left Hunts
VILE Telegraphc communication has been established
between Chattanooga and Huntsville. T.
List of Killed, Wounded and Missing OF Col.
DnoSrn N0rSL