Daily Nashville union. [volume] (Nashville, Tenn.) 1862-1862, 1862-05-25


MARTIAL Law and COnasoatiOn.
The New York journal Of Commerce of
The goth instant has very lsbOred and
not very lucid article on martial law, the
whole argument of which is designed to
prove that the Government has no right
10 divest rebel of his property perma-
Dently. 1t says: "There is war
power under the Constitution, but it has
no legal effect beyond or against the
Constitution. II may be exercised for
certain purposes, hut must be exercised
constitutionaIly. q man killed in war
is killed constitutioBally, and property
destroyed in supprsssing an instruction
is destroyed eonstitutionally. But these
are acts Of war, accomplished by the
war, and the war power cannot destroy
property by proclamation, or produce
permanent legal disabilities TO hold
property"
Il says again, that General may, for
the purposes of war, have the power to
take.a slave from his master, loyal or
',disloyal, and employ him for Govern
ment. Or he may, for war purposes,
-orevent the master from exercising au-
Nthority over the slave But the property
lof the master inrthe slave is not affected,
land the instant that the physical and
actual deprivation of the use of the slave
is discontinued by the general, that in
,stant the master resumes his right"
Without casting the slightest imputa-
ton upon the loyalty of the journal Of
NConinlerce, we must acknowledge our in
ability to understand the object of ats
efforts, with those of some other North
.ern journals, to prove that the Govern
rment should scrupulOusly respect the
rights of Rebel and traitor, arrayed
in arms against itself, and seeking its
overthrow, TO the .undisturbed possession
of his property. Is the vigorous and
successful prosecution of this war
matter so trivial that the loyal people
lean afford to turn aside from the block
.ade OF the coast, from Richmond, from
Corinth, and from the guerrillas Of Mic
souri,. Tennessee and Southern Kentucky,
to return some rebels runaway horse or
negro, or TO pay him for prOvender and
provisions taken from his farm? So far
is this from being the case, that we
make the assertion, which is sustained
by the general voice Of history, that the
,vsgy last question 'ohicb should concern as, as
the protection Of the property Of traitors
ssee7ring tie destruction Of the Gove'1ment,
and the enslauemeat Of loyal people. H.
as the Journal Of Commerce asserts,
"the instant that the general discOntin-
ues the actual deprivation of the slave,
that instant the master resumes his
right will not this rule be as applica-
BILE to the gun, or the lead, or the pow
der, or the warlike stores Of the Rebel
armies The Journal makes no discri-
mination between taking property from
a loyalist and disloyalist 1t coolly
ignores the fact that treason has always
been regarded by universal consent as
outlawing the offender and stripping him
of his civil rights and privileges. 1t is,
in fact, political suicide-a civil Jelo de Sc.
We hear far more about respecting the
constitutional rights of rebels, who are
trying TO destroy the Constitution, from
some quarters, than we do about quelling
the rebellion. We are told that we must
carry on this war according to the Con-
stituti6n Granted, 50 far as respects loyal |
men, bit not as respects rebels IN arms against
he Government. The Government was |
instituted to protect the rights Of faithful |
citizens. not Of those who have disfran-
obised themselves. The Constitution is |
a bond and covenant 20 be observed be-
tween ourselves, not as regards enemies !
who are endeayoring TO destroy our
whole political fabric. In other words,
We do not recognize the Constitution as
comforting any privileges on those who
claim to be without its pale, The journal
brands as radical the idea of an indef-
mite war power. Why, all war power must,
ia its very nature, be indefinite war is
nothing but violence. Its whole operation
j. one decomposition, Of force, Of coercion
The best war ever wsged can be nothing !
after all but most fearful necessity, ana
chez whose wickedness and folly have
brought il on should be the very last to