, 1863-06-18
Chicago Qrtbntre.
HdILITARY LAW ANQ1 CIVIL
-. LA X-XA

modifying civil rights-is subject v which may
well engage the attention Of the people Of
this country everywhere. There are many who
constantly assert that there is no difference
as regards the rights and privileges Of citizen
N tines Of par, or times Of peace. The teach
ings Of many Of cur Judges on the bench, is
to the effect that the rights of citizens are e.
dctly the same In times OF waras in times of
peace, and they are apt to become very indlg-
nant II this position is at al qualified, and If
1t be suggested that war does modify all our
rights and privileges. There Is no country On
the face Of the globe where The influence Of the
Judiciary is 80 potent as in this county, ,snd yet
our judges ars not infallible. If they un~
de1takc to teach. the people Of this country
that they hare a right to arrest the. military
proceedings Of onr generals at will, and that
any citizen las q right to inquire into their
powers, motives and duties-then. .ouc armies
will soon be dtsolganized. The natural and
acquired ti1niditY Of our courts If carried out
in nll their length and breadth, will Just
as soon produce anarchy and lead to the des-
tructfon Of this milton as 9 military des-
potism-says Stelle: "Ihereare some whose
kcruples 1t ID Impossible not to respect,
who arc lukcwarm in in the support Of the
war because they think they Sec in certain acts
Of violence TO those principles Of constitu-
tjonM restraint which lie at the basis of our
SYSTEM, d tendency, which If carried out,
would destroy our barriers against despot1c
power. To such men, the restoration Of the
Onion, or tic subjugatlon OF the South, would
be dearly purchased by the sacrIdce Of the
safe,guardsTof our own political rights. We
think Ill such fears exaggerated, still it cannot
be doubted that they cxcrrise perniclous in.
hueuce. No one who hss been brought up to
reycre the great principles O. constitutional
liberty, can regard with ayor what Is called
military necessity or Tuiso,, a etae, still 1t
is clear that there are rare contingencies in
Which like the law Of selfprescryation, it
must be invoked and irreglllaEly applied. No
Iation has ever gone to war without violating
in come essential manner the we'll settled
rules which govern 1t, in times of peace, and
the dictatorship Of the Romans and the sus.
Pension Of the writ Of haosas corpus are only
different ways Of recognizing the same great
Ieccs=ity. One Of the great evils of the war,
is that It requires for It's prosecution such o
concentration Of power in the hands Of tie
executive, that there Is very great danger of
abnse in its exercise. After all, however, we
must never forget that in this unhappy condi.
-tiou Of things our choice Is reduced to a
choice Of evils, Shall we submit to a
temporary despotisni now, In osder tlat We
may be saved from one ten-fold more fearful
in The future: It is satisfactory to f1hd that
history does not show any permanent Ill
effects upon the attachment Of people to
free Institutions as the result of war"
1t is scarcely two hundred years ago since
the English Government WAS shaken to Its
foundations by the discussions which took
place in regard to the Irregular proceedings
ard unconstitutional acts Of Parliament,
which was called together without the time
lonored urita It was at period when reyo-
1utions were rife, and the Parliament which
assembled without the sanction OF Law, de-
posed James u, and Installed the Prince Of
Orauge. The civil and the military powers
of ofGoTc1umcnt collected, snd mcn were found
1T that time who deeinred that everything was
Illegal aud uueosstitatio.aa{
The historian of that period says: "Much
was said about the history of writs; about
the Specification Of the word Parliament. t
is remarkable that the orator who took tic
most etatesman1ike view Of the snbIect was
Old Maynard. In the civil conflicts Of fifty
cycntful years, he had learned that questions
affecting The highest interests Of the COM
1nonwca1th, were not to be decided by s'erbal
ca.s7s and BY scraps # law Ffenea and zan
Latin; and being By universal acknowledg-
mcnt the most subtle and the most learned
Of English jurists, he could express what he
felt without the risk of being accused Of igno-
rauce and presumption. He scornfnlly thrust
aside as .f,i,oloas and ont Of place all TINT
black-letter learning which some men far less
yerscd in such matters than himself had In
troduced into the discussion" 1--WE are"
lie fatd, sat this moment out Of the beaten
path. II, therefore, We arc determined to
move only In that path, ne cannot move at
all. 49,
A ,nan IN = revolution resolving to do no
thing which is not strictly according to estab-
rshed torn, resembles 4 man who has lost
himself In wilderness, and who stands cry
ing, Where Is the Kiug's highway? I Iwiu
sefllk noa1efe but in tie Ging ) highleay.'' In
the wilderness, a man should take the track
which will carry him home. In revolution;
wc must hare recourse to the highest la.c, the
sa5ap tf the iStofe. Jefferson says, yol, 4,
y. 150:
IA etriet observance OF the written law II.
doubtless, one Of TUG lish dlties Of good citizen
eelfp:eservafion, Of eaving our country when In
dHnltF, are Of higher obligation. To lose our
conMiy 2E scTap111Ek aaaefenee 20 nt aer1Men tasr
Wy. M!I nIe. 3ioe9s t R;opeHs ana ana ~ laeIe
s.rriari,. TE .5s ~ to he rneams'' 'nas 00SH'a'y
~ =. .,n,,1s. ,1s ~" -. - 49, aae -usa+ ss4',
at tic Lime OF the great butr conspiracy
Thomas Jefferson wrote to Gen Wilkinson
thus:
"On creat occaefons every good officer muat be
1eady to risk himself in going beyond tie s,rIct
line Of the law, when the pn61lc preservation re-
ao.Tst y; motives win be Justification az far =.
t1es ond ~ inucrnte n nriyate fseiinc! am+
scSd1,p 10y hers Sxaftwont ani Baiman. aSd adafnr
to them Bur-, Bjeunerhaseett and Tyler, should
they fal Into your hands, viii be supported by TIC
pubifc opinion.
The Feds and the little band Of Guilds. in
opposition. VII r. to make so!nething Of the in;
I1ngenent ot Aner!y oy tae mi.tay arrests and
p9 S11s ,ars ~ nns II u9sG R.,g nos 81 pe
l,Ienne, hasset. &c thrY vii he snnno.ted hynnb
lie APPRECIATION
nor nations hare Griaencs as well as indlyldu.
ais, and Wheaton, In his treatise upon inter
naticnnl law saws: 1t OF the dbsolute fnterna-
fionaI rights Of States. one of the most essen
fiai md fmnortant. and that wIIch lies At the
fonnda1ion Of ali fhe rest. ia The ri1It Of seIE
nr[xcr1oj;o,t, It Is not onlv a rieRt with .re.
enect fo otber States. but duty With respect
10 it's own members. and the most solemn and
imno,to.f witch tie Etate owes to then.
Vii rjg1it neocxsariIv involves al other fnci-
dental Tt0Its which are essential, as means to
Give effect 10 the principal eud. Among these
f. The tight Of se|f dt}sncr." TO this right Of
se.Edf5sree there cdmnot In the nature OF thloge
~ ,hso1ufe1v 1nt limit or s,esf,oint ErefT.