Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1862-10-29

force by she king was nat only sneEzAip
Cd 1by the Petition ef Right earay ID fh
soyer III ceatary, bat sfrtaaffy 4eIsA
as lawfai by sthe Daslarmtsen u Right
in lssa. Hallaa, In hia Canssitatiaaa
History, declares thai il ase, h5 com
Fralssf3n, TO try military offenders b,
cosfs martial, waa necessary within Ger
tsan lifaiss 10 the discipline of ~ arVny
bpt could not reach tbs citixsa.'A 20
stre last century and a half, sara Jas
'ffee Wo0ubury, 1t would appear that no.
bsay hash aared to exercise 1T either II
war or in paaes upon the community q
large; nnleas spssislly snaetad By an ae
or Parliame ent; and then oply under ar
acs or Parliament and then only under
greas restrictions, under snne great exi.
gsneys upon ths theory, not thag 10 is cen
aistent. With Bills of Rights, bat hscaus,
ParIiament is omnipatenk, and may, Esl
sufhcfant cause, tranple on all with Ina.
punitg.t a. 1..s1. a'i T. fsa s5l. ''st
Those WHO are famiIiaz with eur reye.
l1tionary history remember bow il wa.
attempted 2 be exercised By thg Brisisl
Colonial 6ova.nors ID this country, and
With whas burst OF indignation it wa
Eeeei#sd. Thoagh the engageza aens oi
Lexington snd Concord happened on The
18th of April, IT'S, though PagliamanI
had IN February previously declared uha
0olouies to be Ia state Of rebellion. no
.nsarsisl Law had been declared byspariia.
raeat, and mot till that did Genarn Gage,
Efalone and uneunstitationally, % to Ist
the language of our fathers, Hsupereeds
the course of the co0mon law and In
stead thereof order and publish che dee
and exercise Of martial law"
Another of those ontrages was by
Lord Dunmore, Of Virginia, Nov. 7th,
IT'S, not only declaring all the siaYes Of
rebels fEees bus dsclaring mastiaI law 10
be enforcsd throughout the oolasy. TLas,
however, was justly denounced by tba
Virginia Assembly Has assumed power
which che King himself caanos exercise,
Is il aIlnu!s sag AVS of the. land. and in
tTodaces the most execEahie Of all sys-
tens, martial Law"
Thus, il may bs seen, that martial law
ranging over the who3s people of State,
was not considered proper ~ ali in peaee
or in civil strife; and that in the coun-
Try from WHENCE most Of our jurispru-
dence is derived, the King has been fdr-
hidden It's use, and Parliament itself can
only authorize its use, and then under
certain restrictions. -...
rHR waIsKEY BsukgEerIos AND BUaR'a
REBELLION.
SoS, ID it not imposing on the ereduh-
ty of our people to ask them to believe
that the men who framed our Constitn-
tion, holding these just views Of martial
law, should have givcR to the Executive d
Of their new goEernmsnt this awful pow
er now claimed f0T it by Professor p&r-
ker and Mfr. Revedy Johnson? The adts
which these men attempt to justify are
shnoFmal, tending to the breaking up Of
all the foundations of Law and social or
der, restoring the reign Of the strongeat,
and making mere physical force the test
IF right. This certainly was not the vidw
of Washington OF his powers in sup
pressing B rebellion. la western Penh-
ssiyaai4, during the whiskey insurrection,
the troops were called out to co-oper2t9 .
with the civil authorities, these having
proved insntheianL. All arrest aIga were
made By authority Of civil efheers upon
affidavit and legal warrant, and those
seized were carried before the civil au-
thoritieg for trial. Washington, himself,
strictly enjoined sabor4inasion of che
military to the civil power, aud aecompa-
MED the troops in person TO see that the
laws were respected. He assured the ar
my, says Findlay, in bis history, @that
the army must not consider themselves as
judges or executiouers OF the Laws, bat
as employed TO support tbs proper an
shorities in the execution Of them"
The arrests in Burr's rebellion furnish
both analogy aud precedent. They ~eRs
not made until an oath had been Inads
and warrant issued, except in Que or two
cases, the eases Of Bollware and Swart.
Hsat, and then the court held, ssthai
though rebellion may have existed In
the opinion Of the executive, and troop,
had been ordered out to assist in execu
ting the laws and suppressing the hostil,
army, that an arrest 6y 8 military oficeI
Of one concerned in the rebellion, though
ordered By the Executive, was nos yRat
or constitutional, unless be was q person
actually engaged in hostilities or IN mar.
Eiai array"
The principle in reference to the use 81
martial Law, in time of strife, appear
to be-that 1t IL CONT mpetent for a com
raan8ing ofioer of troops, under the con
trolling government, to extend esrtasr
rights Of war, not ont over his camp
hus bis cnvirons, and Rear the field of hli
military operations, (Americau ArchiaV Do
1861 } but no further, no wider. But il
strife they are Hos to extend beyond thl
place where insurreetiGa exists. q Mar.
tin,35l1 Where then, this being th,
prinoi pie, docs President Lincoln derig.
the power to declare the existecce b
MARTIAL Law ia Maryland. 10 ssiEe aIrnos
an entire Legislature aad transport then
TO fortress in distant State, to be con
Rned at his sovereign viii and pleasure
withous charge or accusation? Whene
does ha derive The power TO seize indi
yiduals anywhere throughout tho Iowa
North, and treat them ID the salns man
I.ner2 3" u.
The attempt, then, to Justify the alb
normal acts uf Lincoln or his cabinet
under the plea Of The existence of th
laws martial, and because he il Com
rlanier-in Chief Of tho army, is anottae
evidence of the straits his defenders az
pat to Justify his Illegal proceedings.
In this country Legislation As % sh
militsry Is usually confined to the gag
eral government, where the powers 4
war and peace reside. And hence uude
these powers, Caagrsss, by act Of lSk
haa created the ARTICLES Of war, BY whir
the armies OF the United States and ih
militia when In active service, are TO !
govarnsd, aai only then 10 make II moi
strikingiy manifest that this 10 not q
| Law BY which Other than tAose arnil
/ shall Be governed, il has bean found ni
oessary, order to- include merely u
aFaihssrs ana drivers, aad che milit
alter they arc mnaseFaa IN, 10 hare %
cial statutory secsions- ssTill must.z,
bSss 4 M ffua ssYsn ei,sf -. s1*fss Hxegss,s4