Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-10-31

/ ment for violation of orders in respect thereof
as he may deem proper.
When Lieutenant Colonel Borlsnd littI
more than 3 year ago, prohibited the eIporta
ton of provisions and other articles necessary
for the public forces, from Arkansas, by way o
White and Black rivers, the governor Of th'
State asserted the superior majesty Of the law
and a superior officer promptly rescinded the
order, relieved the offender of his command, anC
criered him t6 headquarters. l have heard bu
do not know, that he was tried for the offense
The distance on the road to slavery that Wo have
travelled since then is immeasursblo.
The chief provost marshal possesses all the
powers, the concentration Of which in the hands
of one man constitutes the most intolerable des-
potism. Surely this ought to recommend US TO
the favorable consideration of tn So legitimate
monarchs Of Europe who have been supposed
heretofeFe to favor, as most absolute aud legti-
mats, the cause of Abraham the First. He is
the LEGIsLAToR-for he defines the ofsnses and
prsscrbCs the penalties, on his discretion, taking
care that by some means known only to him
self it shall in every case be commensurate
| with tbs offense5" He is the Judge, because
be tries the accused renders the verdict ana pro-
| noUIces the s5st5HUe. Aud he is the eXeCu-
toner, because it is he who is to inact Che pun
iSbment. He may whip, hang, brand, burn,
/ drown or quarter, for there is no limit to his
!
strous and bideous despotiSm Like q triple
hesdsd deity, he wears the robe of the Senator
and the erTnine OF the Judge, and wieIds the
| bloody faces of the hctor at once
| By an order Of the major-general, dated the
third OF June, al cotton IN the trsn5-Mssss ppi
district except in the Choctaw country is seized
for and on account of the Confederate States, aud
placed under the control of single person. who
Is to make whatever disposition Of it As will
eheetuslly prevent it from falling into the hands
OF the enemy" BY subsequent order, vast
powers are vested IN this officer, to command
sheTitt5, otlcers, conscIipt and citizens impress
wagons, teams and hands and 10 give aysv 70
necessitous persons, tes pound Of cotton for each
white person and slave. If any person should
secrete cotton and refuse to point it out the
ot5nss ls constituted treason, aBd he is to be
tried as traitor, as also aTe not sn!y persons
resisting the execution OF the order, but also
those who fail to give the captain aid when
called HpOn
Thus, by one stroke of the pen, the tide to
property worth millions, belonging TO a thou
sand loyal citizens of loyal sovereign State, is
declared to be Invested, and vested in one breath
IN the Confederate States; in utter contempt Of
that provision Of the solemn agreement between
the States, which declares that no man shall be
deprived Of life, liberty, or property without due
process Of law.
1t is only owing to the forbearauce of the
regnsnt m; itary power, that lands, horses and
cattle, books and furniture, are not also "seizsd
for and on account Of the Confederate States"
Cur enemies, the Northern States. set At naught
she provision Of the old Constitution, by which
they had sETeed to deliver up fugitives from Ia
Dor or service, and for that ss enc cause. we
held the compact dissolved, and secession q
rghtful remedy.
But now a general, seiEng in one hand the
fortunes, and in other the lives OF loyal men, ds-
clare: it treason for loyal ciz3n to conceal his
own lawful property, to prevent its unnecessary
and wanton destruction, and stamps with b0gn
his feet OF the whole Constitution and all the
lsw at once, and men sneak abons and only dare
to speak of it in whispers, lest tde provost mar
shsi should arrest, imDrison and punish them
iOr d.ssf5ciion TO the Confederacy.
In as loyal town as any in the South, neither
man or woman is allowed to be on. Of doors
after nine o'clock these sumner nights For :
precedent OF thls rude invasion of personal free
dom, which makes every man and woman
slsye requiring pass from . master, recourse
must be had 10 the age when the curtew bsn
tOl.ed, and warned all S4xons TO retire within
their doors, after the Norman soldiery had set
their feet on the neck Of PROSTATE England.
1 am sure I need not enlarge upon these eI-
tTaordinary oIdsTs. do not for an ninstaut iu1sg-
inc that the President can look uDA them with
other feelings than those of horror and alarm.
The resort, Gs if IN scOrn of common sense, 20
ths declsrAton-of martial law for the whole ex
tent of wholly h. ysl States is proving. ia my
opinion, the moIt fruitful source Of disEffoctiou
Resorted to without necessity, iR whole States,
even by bTigsdieT generals, it is 8 deprivation
of liberty sganst which the public mind IN
stinctively revolts. Il indiels the laws and even
the Constitution as worthless aud impotent, and
the civil magistrates as incompetent or
corrupt. Il makes, ia Arkansas, an obscure per-
son, suddenly elevated to be provost marshal, |
the srbiter Of mems fate, the lsw-maker, the /
judge and executioRer Msn begin to ask them |
selves, if they dare not ask 1t Of others, even in
= whisper, lest the whisper should be heard, |
whether political freedom only to be thus OBJ |
tanned is worth the sacrifice of manhood and in |
dependence at once.
To substitute su irresponsible and uugusrded |
military despotism in place Of the Constitution /
the laws and the courts of Justice is ike an IN
Just cause. It reconciles men to desertion, sac
rifices want Of zeal and is pre.e1t for coward |
ice. Itrenders hsrdships more irksome, dangers /
more obnoxious ard gloIy less satisfactory to
the mind Of Z soldier"
The swifsness with which men applaud the /
and ins0lent substitution of armed I
the wholesome v!gor of tbs civil tribunals Is 4
most evil symptom, indicating the virulsnce of /
the disease within. It cannot but tend to make
the people think their cause Is desperate, when
such desperate remedies ere resOrted 10, and re-
eeived with unbounded appreciation.
Bat the sway of martial law never is for any
length of time, - wisely adsDted 10 eircuni-
stances" II remains, after all, bat the sbsoluto
iespotism OF one man, with no ether guido or
ruio for bis conduct than his own will No man
can define what martial law is: or what its boun-
1aries are. No maz ever attempts to d. il
When power unbridled and uncontrolled by
Constitution, bill OF rights, law, usage or Gus
tOn is placed in the hands Of one single msn,
i is too generally the csss that he is found to
mistake violsncs for energy, and prefer the dis
plsy Of petty power to the interests of the com
mon cause.
When the Portuguese Regency wished Lord
wellington TO take the punishment Of offenders
into his own hands, "he informed them tha. al
5hough he advised she adoption of severe meas
1res, he would not be msde the despotio punisher
Of the people, while the actual laws were sufi-
sient for the purpose"
"a system of terror has always been the re-
source Of those leaders, who, being engaged in
great undertakings, were unable 70 recur to dis
cipine. Enthusiasm stalked in front of their
bands, but punishment brought up the rear"
And human nature must have become something
that it never has been heretofore, if life Of toll
and danger, repeated defeats, the depreciation Of
money, the scarcity and high price of the most
aecesssTy supplies, tue weight OF the burden of
zach and all made tenfold heavier by the discon-
isn't of the people at the sudden birth Of whole
brood of local despotisms, sbri5ging all their
eivil and msny Of their natural rights at once,
10 not soon sbste their desire to CONTINUE the
struggle, and inactivity become the.sign CT sub
ectiln.
As citizen of Arkansas; with everything I +
have on earth st stake in this controversy, and
As the leader of the force Of Iudiars, scaffold
in perspective in case of our failure, protest
against these great wrongs. For the sake Of the
country, of Tie honest, trusting patriotic, suf-
iering people, for the sake OF liberty, stgangled
lie Lancnon hv rnillarz dssnniisrn inr 1ha