Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-08-21


but a short time before transferred 10 the United
States, little national attachment was felt-thai
the city corps when ordered 10 turn out refused
obedience-that General jackson did not him.
self Justify the oct, but excused himself upon
the ground that otherwise be would have suffer
ed his outposts TO be absndoned through foreign
interference, his ranks to be thinned by deser-
ton, and his whole army to be broken to pieces
by mutiny. Much can be said to excuse the ex-
ercise Of the power within such restricted hmiis,
and under such an imperious necessity, but no.
thing to justify it so far as legal authority was
concerned.
Under our system Of government, in the very
nature of things, it is impossible for Congress,
OF any other department Of the government, or
all of them combined, to declare martial law
The Confederate government is the creature OF
the States. II ewes its existence to, and derives
its powers from the States, and the Constitution
Of the Confederate States is its charter, and all
powers not delegated to it, nor prohibited to the
States by its charter, are reserved to the states.
The Confederate government has consequently
no jurisdiction over the large class of powers
which have been reserved by the States. Martial
law sets aside or suspends al law, and must set
aside or suspend the constitutions and laws OF
the States-else it does not amount to martial
law. But how canthe Confederate government
set aside constitutions and laws over which it
has no jurisdiction 2 Shall the thing formed set
aside him that formed it But not only would
a declaration of martial law by the Confederate
government set aside the constitutions and laws
Of the States, but as it sets aside alllaw, it would
necessarily also set aside the Constitution and
laws Of the Confederate government itself
Can It be supposed that the Confederate
government can set sside the charter of its own
existence Ifso, what viii be left Surely not
the government; for when the charter which
pives the government existence is gone, the
government itself must be gone. And when the
government is gene, who is It that upholds and
executes martial law Manifestly the usurper,
and only the usurper of Illegal powers, and his
viii. It is no answer to these conclusions to
say that the military commander who declares
martial law usually leaves the laws in force, OK
cept so far as they may come in conflict with
his orders. The laws in such cases are left in
force by the permission and at the mercy Of the
military commander. They are therefore no
IN force by virtue Of their original author
ity; nor esn their protection be invoked for
to-meuow-for before to-morrow's sun they
may be in conflict with the orders of the mill
tsry commander. They, consequently, may be
said to be 10 longer the laws Of the govern
meut, but the laws Of the military commander.
The trainers Of the Confederate Constitution
deemed it necessary to give Congress an express
constitutional permissiOn-'wh in cases Of
or invasion the public safety may re-
quire ito suspend a single writ. III required
4 special constitutional license to suspend one
wit, who can suppose that Congress can, with
any constitutional permission, suspend all
8rils, all laws and constitutions 2
The President is not permitted, by the Consti
to suspend even a writ. On the COB
rary, it is eDjoined upon him that she shall
axe care that the laws be faithfully executed"
r. G,--~,-- .--rE ----r,I n .s--To --rsN --,tb
Iut express constitutional license, and if the
President has no constitutional permission to
even q writ, but is, on the contrary,
to " take care that the laws be faithfully
xscuted, who viii suppose that the President
an suspend ali law
If the President cannot declare martial law,
t necessarily follows that no military commander
an exercise the power. The President is "com-
nander-in-chief Of the army and navy" The
Unfortunate officer cannot exercise higher pow
rs than his superior.
A CITIZEN OF MISSISSIPPI.