The dollar weekly bulletin. [volume] (Maysville, Ky.) 1862-1864, 1863-01-03

"What, then, are those limits? They are
these: there is military law there is m artial
law. Military law is that System of laws
enacted by the legislative power for the
government of the Army and Navy. of the
United States and Of the militia, when called
into the actual service of the United States.
1t has no control whatever over any person
or any property of any citizen. 1t could not
even apply to the teamsters of an army, save
} by force of the express provisions of the laws
of Congress, making such persons amenable
thereto. The persons and the property of
private citizens of the United States are as
absolutely exem pied FROM the control of
military law as they are exempted from the
control of the laws of Great Britain - =
And yet the President says he will try
citizens by military commission for Ger
tain offenses. Judge Curtis goes on further
to say in this articles: III ..,rs mai!
| "But there is also martial law. What is
this? it is the will of military commander,
operating without any restraint, save his own
judgment, upon the lives, upon the property,
upon the entire social and individual condi
tion of all over whom the law extends But,
under the Constitution of the United States,
over whom does such law extend?
"Will any one be bold enough to say, In
view of the history of our ancestors and our
selves, that the President of the United
States can extend such law as that over the
Fentire country, or over any defined geo.
graphical part thereof, save in connection
with some particular military operations
which he is carrying on there? Since
Charles lost his head, there has been no
king in England who could make such law
in that realm. And where is there to be
found, in our history, or our constitutions,
either State or national, any warrant for say
ing that President of the United States has
been empowered by the Constitution to ex-
tend martial law over the whole country,
and to subject thereby to his military power
every right of every citizen? He has no
such authority" .-.-.-.
That is the language of Judge Curtis. He
thinks that nobody will be so bold as to take
a position of that kind. He was not aware
of the valor and boldness of the Senator from
Maine, or of course he would not have said
it. He says further in reference to these two
Proclanlstions: -
ait is manifest that in proclaiming these
! Odicts, the President is not acting under the
authority of military law; first, because
military law extends only over the persons
actually enlisted in the military service; and
second because these persons are governed
by laws enacted by the legislative power
1t is equally manifest that he is not acting
under that implied authority which grows
out of particular actual military operations;
for these executive DEGREES do not spring
from the special emergencies of any particu-
lar military operations, and are not limited
to any field in which any such operations
are carried on. t-. .- .---..
"Whence, then, do these edicts spring.
| They spring from the assumed power to ex-
tend martial law over the whole territory of
the . Dited States; power. for the exercise
of which by the President there is no war
rant whatever in the Constitution; power
which no Tree people could confer upon an
executive officer. and remain free people.
For it would make him the absolute master
of their lives, their liberties, and their pro-
pertY, with power to delegate his master
ship to such satraps as he might select or as
might be imposed on his credulity or his
fears. Amid the great dangers which en-,
compass US; in our struggles to encounter
them; in our natural eagerness to lay hold of
/ efficient m cans TO accomplish our vastlabors,
let us beware how we borrow weapons from
the armory of arbitrary power. They can
not be welded by the hands of free peo-
pie. Their blows will finally fall upon
themselves" AIsFc r a-- IA
Wisely and we'll said. III a' sf
distracted councils, divided strength, are
the very earliest effects of an attempt to use
them. What lies beyond no patriot is now
willing to attempt to look upon. ....r -.-, 9
"a leading and influential newspaper,
while expressing entire devotion to the Pres
ident, and appreciation of his proclamation
of emar cipatiou, saws: The Democrats talk
about Unconstitutional acts" Nobody pre-
tends that this act is constitutional, and no
body cares whether it is or not.' $50. %
do not know what newspaper the judge
} quotes from, but have myself heard great
many such speeches and read great many
such articles in newspapers. The Senator
from Maine will thus find that perhaps the
t most distinguished lawyer Of Massachusetts
fully concurs n the position I have taken
} a M an whom have never heard accused of
being a Democrat. l do not know Judge
} Curtis personally, but heis certainly regard
! cd as, at least, among the most eminent
lawyers of Massachusetts,. ,f,-e lgo.fe .
Mr.. President honestly and conscientious
S ly believing as I do, that this war would
have but the effects which have briefly in
3 dicated, l have opposed it. Believing
S honestly, as 1 do, that the President Of the
3 United States has violated the Constitution
D of nay country in the instances W hich have 9
3 indicated, ha ge taken the liberty, in my
! place as Senator in the Congress of the
{ United States. to say 50; never in language
a abrupt or insulting to the President, always
treating him, trust, with that courtesy
n which his high Office demands at my hands.
;, have never questioned the loyalty or pa
y triotism of any Senator on the other side be
t cause he takes issue with me upon these
J. matters. If Senators do not think that the
q President has violated the Constitution OF
!! the country, it is their privilege to say so.
Y aud for the saying of it no. man has risnt
d to blame them. honestly believe that to 9
- President in these particular acts to which |
= have referred, kasvioiated the Consultation
,tl of the country, and believe. as Judge Cur
ia tis has 80 lucidly OK xpresssd it. that he can