St. Mary's beacon. [volume] (Leonard Town, Md.) 1845-1863, 1862-10-02

Iesssonai reader I'd lien. Black. Rep.
60. l792; l Juris. Exer. Hargrave 500;
Rushworth. vol. 8.
Can Il be legally proclaimed here 7 We
are oil aware that General jackson pro-
claimed il IN 1915 in New Orleans, and
that he was fined $1,000 for so doing. and
was also reprimanded by Mr.. Madison,
then President. The opinion Of Mr. Liv-
ingston, his aid -decamp, was. that it could
only be justified by the necessity of the
case. The General, said he, ..proclaims
it at his risk. and under bis responsibility.
not only to the Government but to inii-
rtluats, because It IS measure unknown
to the Constellation and lars Of the United
States"
Mr.. Joel Parker, of Boston, iu an Es-
say on the subject, written to prove that
the President has the right to declare
martial law, says it "cannot exist in this
country consistently with the Coustitu-
ton" He, however, sophisticaly gives
Che Executive the power, and so places
the creature above the crcator--thc agent
above the principal from whom he derives
his power; at the same time saving it
would be subversve of the Constitution,
the instrument by which the President
holds his Office.
In Government like ours, where the
people are supreme. subject to their writ
ten Constitution only; Sovereign, howev-
er. only whilst that Constitution is not
only legally or illegally altcred--in those
powers not given by that instrument to
the Government to exercise; constituted
and ordained to protect the rights Of the
minority, aud also of ordained, strict, con-
stituted powers: in Government like
this. can any one declare that to be law
which is no, Law :! Who, ask, has the
power to ahrogate our Constitution, our
laws, or my rights as citizen under that
Constitution! Who to dispense with
the Courts Of Justice. and perhaps make
our beloved land, from the Gulf of Mexi-
co to the St Lawrence. run red with the
blood Of citizens Of the Republic Not
the Executive. but if any power. that Of
the people; the right to declare martial la
or provide for its being declared is with
them; it is one Of their reserved rights,
and it is right it should be with them
the Whole people; not those of this city:
they cannot deprive me Of my rights un-
der the Constitution. the Government of
my country. 1t is the whole people of
my country according to the law, that can
do so, no one else; they by constitution
al provision for the appointment of Die
tator.
My idea is that the military power is
always subject to the civil. not rice rersa.
Ii the people want Revolutionary Tri.
hunal." guillotine. and Conciergeris,
let US have them in constitutional way:
such but serve to increase the suspected
and increase treason, not cnd it II the
people want Robespierre. a Fonquier-
Tinville, or a Cauicr, let US have them in
a constitutional way. Unconstitutional
measures wiU increase. not end our tro"-
lies. The Government Of this country is
civil. not military. and to give authority
under the Constitution to the highest off,
Ger OF the army to suspend laws, do away
with the civil courts, and arrest, imprison
and shoot whomsoever he may please. is not
only faliaci0us, bat atrocious in the ex
IRENE. and would render us, ms we're our
ancestors in the days of the First William,
"terants at will Of our liberties " A Ro-
man Dictator never had the absolute DOW
er the people are now claiming for their
military cbiettains.
The civil power calls forth the military
to support the laws-not abolish them
and said Washington, in his instructions
to the officers and men who we're 10 act in
suppressing the WLiskey Iusurrection-
1.-The essential principles of free govern
ment conhne the province Of the military;
first to combat and subdue all who may
he found in arms in opposition to the ma
tional will and authority: second, to aid
and support the c,va n,agiarates in bring
ing Offenders to justice. The dispensation
of this justice belongs to the civil magis-
trate, and let it ever be our pride and
glory to leave the sacred deposit there in
violate" Let US not. my friends, be
misled and captivated by the fair and ex-
quisite scenery around US into the COM
pass Of the maels:rom, but let us rather
steer our bark clear Of it whilst adniring
its awfulness and grandeur.