St. Mary's beacon., 1862-10-30
THE LATE DENOMINATIONS

Juuge N'WTsfS, Oh DOstOD, mas recently
published small pamphlet on the subject
of MIR. L:ncoin's late proeiamations, in
which he discusses the constitutional pow
or Of the President, and draws the dis
tinetion between it and the usurpation of
military despotism. Referring particular
ly to the suspension of the writ of huJras
corpus, Judge Curtis says.
The second proclamation. and the or
dsrs of the Secretary of War, which fol-
low it. place every citizen of the United
States under the direct military command
and control of the President They de-
clare and define new offences, not known
to any law of the United States They
subject all citizens to lie imprisoned upon
military order, at The pleasure of the
President, when. where. and so long as
he, or whoever is acting for him, may
choose. They hold the citizen to trial be-
fore military commission appointed BY
the President. or his representative, for
such acts or omissions as The President
may think proper to decree to be oftnce>;
and they subject him to such punishment
as such military commission: may be pleas
ed to infict.
They create new nfficcs. in such num-
Der. and whose OCCUPANTS are to receive
such compensation, rs the President may
direct; and the hold, IS of these Offices,
scattered through TIE Sinses, but with
one chief inquisitor at Washington. are
to inspect and report apon the loyalty of
tho citizens, with view TO the above
described proceedings against them. when
deemed suitable hy the central authority"
Discussing The military power Of the
Executive, Judge G. goes on to say:
THE time has certainly como when the
people of the United States must under
stand. and must, apply these great rules
of civil liberty, which have been arrived
at by the self.devoted efforts of thought
and action of their ancestors. during seven
hundred years of struggle against arbitra-
ry power. If they fail to understand and
apply them. if they fail to hold every
branch of their Government steadily to
them. who can imagine what is to come
out of rhis great and desperate struggle?
The military power of eleven Of these
States being destroyed-what then? What
is to be- their condition? What is to be
our condition
Are the great principles of free Gov
eminent to be used aud consumed as
of war? Are We not wise enough
and strong enough to carry on this war to
a successful military end, without submit
ting to the loss of any one great principle
of liberty We are strong enough. We
are riss enough, if the people and their
servants will but understand and observe
the just limits of military power.
'.Whnt, then, are those limits They
are these. There is military law; there is
martial law Military Law is that system
of laws enacted by the Legislative power
for the government of the array and navy
Of the United States, and of the militia
when called into tho actual service of the
United States. 1t has no control whatey-
er over any person or any property of any
citizen 1t could not even apply to the
teamsters of an army, save by force of the
express provisions of the laws of Congress.
making such persons amennble thereto
The persons and the property of private
citizens of the United States, are as abso-
lutely exempted from the control of mill
tary law as they are exempted from the
control of the laws OF Great Britain.
'.But there is also Martial law. What
is this? Ii is the will of military COM
mander, operating without aay restraint,
save his judgment, upon the lives, upon
tie property, upon the entire social and
individual condition Of all over whom this
Law extends. But, under the Constitution
of the United States, orer aeltna does sach
lasc eafs,nd?
win any one be bold enough to say.
in view Of the history of our ancestors and
ourselves, that the President IF the United
States can extend such law as thar over
the entire country, or over any defined
geographical part thereof. save in connec-
tioE with some particular military opera
lions which he is carrying on here Since
Charles l. less bis head, there has been no
king il, England who could make such
law, in that realm. And where is there
to be found. in our history. or our consfi-
futious e;fhor Gs.ta ~ N..:n,..I