Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1862-08-29
10 CORRRSPONDnNTa.
MartiaI Law.

Shs streets who running from him, and would not
SOP when hailed Be had no of arrest, any
civil authority whatever but Ike the rest Of the rabbe
VI armed boys Who peTyads the streets doubtless thought
himself fully liberty to 6ro his gun At any Who are
act properly obedient 10 their irresponsible authority
md may be reasonably Appreheuded that ike eventa
vii occur in state Of thirgs in this Confederate Capt.
ts which certainly calls tor regulation and reform. For
months the Constitution and the Lave have been suspend
sd-ths right Of the citizens bAi-to be secure in
tosir persons boGsss and IN ca against unreasonable
searches and sea lres-to "a speedy and public trial by
80 impartial ury"n fac. every safeguard Of the Con
s,a,iOn for GOery and life, has been deliberately set
ssids and instead Of these despoIe and unlimited su-
thory has been placed IN the hands Of our own re-
speo.sd and uued citizens but Of rude, harsh and ur
syuPsh Eug rangers, one CT them known and proved
20 be Of the very West they are
eJed-,bA H. spies and normers from the lowest pur'
rs OF Northern i,ies Surely shen the historian shs
rssoId o. Just eulogy all the proofs Of patriot
- devotion which Richmond has displayed in this war for
iOdSPsndeI The less. praeHOrthy u De the spirit
u psteu; submission Nth shich She has endured ind c
the hardest OF all TO be borne by generous ard high
spIs1sd people Aldf necessity for them 81
u f. the supreme h=-ths saili p,saii-ougbt they
Got the momsa the occasion which naugugasSd
shS1 aas passed s=syr
40 SHE connection IL may nOI be without pfOht 10 u
4 ire, shat this Martial Law" s under sbiCh sr
hvls -aslee the authority for ,ls institution
sss sbOald hasa lings pass staOut scrutiny. they
80! come 70 De regarded matters Of ecurss-and
50st sbich should 0e'tLe "sG;Teue medicne" Vi the
Uous'itua0e. become its daily food"
EJs toe meaning Of " Martial I.As,' must 60 &c
. hsoFy Of that people from whom have initiated
oil the valuable PrsesdsD's Of Gberiy-irom whom
tsys learned 10 love freedom 1ad 10 hSte tyranny and
40 there d,h7sd ii Is the most dsss,abe OF ct that
contemplated by the human minj-ths absence of al
lss-4uEmissd Jrbridsd and roenslous suthOrty-psr,
tssyousm. cot eysa tempered BY AsSassinauca."-
Martial Las" ssy Hale sni Biscks.ons " Is bui.i
20 settled principles 0u arbitrary 10 its decisions, sno
- o. bh no ios bat something INDUCED rather than
allowed tens Osary sIeFegceIee bred out OF the dis
temper Of toe State and not any part Of the permanent
sad perpetual lass Of TIE kingdom" And thus defined
Lord Loughbosorga in the year 1892 declared for the
ole Court, TIA, bad ceased in England for hun
cred Years Tbs IsAds 70 an observation" .aid
as L5f5shE ,Aag Natal Law such il Is described
~ BALE and such also it Is marked BY Mr.. Justice
Blackstone. does uOt eHis; in Ery!aad 81 all Where
nArus Law is established -li prevails In any country
10 Is Vi totally tHreat nature from TIA: which s in
accaEse called h.E;al LIs merely because The d,ci
son Is b. C0uf, Martial blt which bears 10 III lily 10
"a. -bcl Eas attempted y be exercised IN Il Is eouu-
az sdel #as contrary % lie Constitution, and shcL
a. U5s1 for = ,sargry exploded" VI coarse IheJudge
zzsi 10 those Historical eyeIg which iuRediatsl; pre-
ssed 1s overthrow VI the British monarchy, and re-
sai.sd il lAs ss,abE- aelt OF the Commonwealth "Oae
II ne principal el-es Of Jhe diseOutsns ia the tegn
1ag Of the e. 0! Oassie5 lhs the graut.0geom
.sssio-s 4atsf NE s,vag Aea' Z pressed By AaIua
L1= cat,E pFsta, Of ~tiob some PersCl. sefe pat 10
5esIl =zO if gully q shy crslce, cuglJ 70 have Oesn
Sss5 oy the Com -0l La These commissions .sIe, b,
,5s F.tties ~ Egh, araailet and declared TO BE- 70
.s-ll" Very al rect Is that a,.iifary as for the
.o5sTaae1t Of Ibe sIuT ob.oa i provided BY III, AZ
szaI meeting acl IA Elsssd aud By act Of Cougress
asze znct a2pIss 20 soldiers 10 service sione--shcb
lsd,ut5s sGmmss5 CsCsts AsFaI i. i uns. but sci s
sss,its and a5csstalsd il ~ penalties and modes Of
g-ocel-ss slt letter far better Eozi be he soudi
oz OF oar people under tls military az. than -ldsr
.5rezn ~ t deseIJss he nAasJ -5iet lnphss tie ~
5soce q sN -
Theu zhelos derived the Poser ~ Tie Confederate
Sovsru1snl Aaf Ossl5b Sf il, 10 "dscisrs hsfiAl
Is"3 L.. - noted, il passing thst Congress has
g. uaess b. q ptsa.ioa sssunsd the exercise of this
g yer Congress bss shady the power to ,1sPsUd the
.aTa - OF the ~rit Of RG5sIS CBp4s IN cases Of u
JASON or rebellion s1d e has authorized the Presitsu
c dc 40 IN ire present "a Of invasion But t would
o illogical 10 the 5s,rtms to CONCLUDE that With it,
sozsr tLCs limited 10 the suspension CT single personal
..rt IL solld declare "msE.ial law" thereby seuog
e 70 all lava the Constitution Included and accordingly
hey seem. b. their guarded expressions 70 refer this
tremendous dictatorship 10 the Executive They say
That during the prsssG; var the President sha have
poser to Suspend tie privilege CT the writ of Ra6sa,
corpus ia such eiJss tO~rs ana siSAzy districts, as
saS in BIZ .dgmsni be in sGeh danger OF attack by
ia s7smy o. s r.ylos he declaration g, martial icu
ysr tssir isnes Here 10 be the recognition Of
biz vast poser 10 tie Executive. But look into the Con
lu05 and pat your ger upon It il you esn. Fer,
"a al f5ssonings GbO1. that instrument ia ns cbarsc.
go must ever be resArded-As inrument of spseias
14ts not as is tho 9th State Constitutions, OF
Il aitIf,GI upon poser. which would be OlsrWse Abso.
iJ-, Accordingly It might 5s fairly hell by the su
ss Curt in lhs cases grouing cut OF the DOrr DIS
sr,s7oss in Rhode leland, (hu.hery. Bordl1 7ti How
a. ttat Stat, might thus exercise her Sovereignty
&c Der o.n defence but where 10 nod the grant Of
g II power 70 the Confederate authority
f cannot be aid that Coniedsrals Constitution is
less aiisd and guarded than the Constitution of The
rsszor Uatsd States which il resembles 50 mucb-that
:; i5 les saocs the point Of State sovereignty OF
lss.s tsolg.5 and lavish 10 ia grants Of power to the
ssItEI suiEjri,y Yet such power never claimed
fos sas GoTsrusat Of the Uaited States. o. the con
s-sz5tas pro.iossd debates in Congress, on the II,
l ~ o. tbs 6ds imposed On General Jackson for acts
SOn, In Es esal in Tire Of 1872 under color ct
E,rts Ls~, ubsn party al and ingenuity we're taxed
= re ultsrnOst IN bis defence, il positively and
sssziy dasoaiasd, on al hands, a. existing anywhere
L ke frame OF Tia; GoTc-uRsnt Ia the Senate debate,