The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1862-10-17
Martial Law, and the Suspension of the Writ
of Habeas Corpus in the Senate.

The discussion in the Senate, Thursday
morning, of which we gave sketch in the Leg
islative proceedings of that day, was an ami
mated and interesting one and the vote upon
Mr.. Edmunds' resolution, respecting the i'm
prisonment of certain men in Chitten6en County
for disloyal practices, was certainly most I'M
portant and significant. Every member of
the Senate, except Mr.. Edmunds, voted against
the resolution. The reasons, however, which
led to this general agreement of action were
doubtless not in every case the same. 1t is no
doubt true, that every Senator as much respects
the rights Of the citizen, and is as much devoted
to the preservation of the liberties of the peo-
pie, as is Mr.. Elmunds. 1t is also unquestion
ably true, that Mr.. Edmunds as heartily sup
ports the administration in all legal measures
for suppressing treason, as any other Senator
and If he stops short of others in his approval of
every act of the administration, it is not from
any desire TO embarass the government, but
rather from his greater love of what he regards
the most sacred rights OF the citizen; and he
would justify his own course by saying that he
did n tvalue the administration less than others,
but he priced liberty more, and esteemed the
rights which governments were instituted to Sc
cure as of paramount importance.
But the vote of the Senate is we think to be
interpreted as an expression of opinion that,
what in some instances may prove hardship,
and may possibly work wrong to an innocent
man in an individual case, must in the exigen-
cies Of the moment BIT submitted to as one of
the evils Of the time. The nation is in a ter
rifle struggle with armed treason. The traitors
have sympathzars in the loyal States, who are
poisoning the minds of their nei 5hbors, and
friends if they chance to have any, by the sub
tile venom Of sheir hate OF the government.
There is but one way of preventing this, and
that is by procaming martial law, and holding
such enemies of their country liable to be ar
rested and imprisoned at the pleasure Of the
government. We regret beyond measure that
there should be any occasion for such pro-
ceeding but the necessity having occurred, and
the government having acted, it seems to us that
our duty now as good citizens, is to make the
DeSI vi ~. Luz iutu VINO suffers III jail, even
innocently, has no greater hardships to endure
than the thousands Of men who are under mill
tary law in our armies, and who are governed
with rigor unknown to any other department
Of the government.
The general government ought, however, to
exercise the utmost caution, lest this power
should be abused. 1t is a dangerous power at
the best, and should be exercised with the great
est circumspection. The leaning of the gov
ernment should always be towards the liberty
Of the subject, and SO, if the case of disloyal
practices appeared doubtful, the traitor sympa-
thizer should have the benefit of the doubt
Even then mistakes will occur but while we
believe the government acts honestly, a Sover-
eign State should hesitate in implicitly censur-
ing it by ordering an investigation, as it might
prove an initial step to very serious con-
hict between State and Federal Sovereignty.
And in this view, if in no other, and because it
cid not appear that the government had been
petitoned, or demonstrated with in the cases
which gave rise to Mr.. Edmunds resolutions.
We think the Senate did exactly right in 30 de-
cisivey misunderstanding any State action on
the subject.