Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1863-10-22

| ed in our distracted country" Judge Hall
| tined the General 81 900 for this alleged con-
tempt. Now now does the platform theory
OF martial law agree with Jacksons practice?
| If one is right, is not the other wrong? And
which is right, which wrong?
This Is not all. Thirty years afterwards
the whole matter sustained thorough re-
view in the Congress Of the United States,
| where bill had been introduced to refund to
the general the amount of this fine and III
| terest. 1t was opposed by some Of the minor
| lty IN arguments something like Mr.. Rvan's
| But after full discussion, the bill was tri-
umphantly passed bv large maiorities The
| Democratic party was Jealous in its support.
and among the many speakers for the bill in
| those prolonged debates, none was more eff
tectlve, none more determined none more
; positive, as to the entire correctness of Gen.
| Jackson's whole conduct, than STEPHEN 4.
| DOUGLAS, then member of the House from
| Illinois. He took the strongest ground. He
| denied that Gen. Jackson violated either the
| constitution or the law, at New Orleans
/ HIS right to declare and enforce martial law
| Mr.. Douglas said was derived from its ne
| cesslty IN time of war for the defense of the
| country. cit became his (Gen Jackson's)
duty to declare martial law if the necessity of
| the case required it. If it became necessary
| to blow up fort, he was authorized to do it:
| if it became necessary to sink vessel, he
| was authorized to do it; and if it became
necessary to burn a city, he was authorized to
| do it.
He acknowledged that this was high-hand-
ed and despotlc power, one that was only to
be exercised when necessary, and which
ceased when the necessity no longer exissed.
1t was sufficient for him
RI hat L.
| commanding general, deemed it necessary to
declare martial law in order to defend the
| city. = If the General had
the right to declare martial law, it scas his dtt
ty to execute it, and Judge Hull had no right TO
arrest the ececaaion Of a."-Benton's 4bridqe-
alent of Debates ls Congress, Vol XIV, p. 40.
Thus great Douglas. How would he scorn
| those who to-day insult his memory bv
claiming to be of that ''historcal party
which he led, while for the sake of propitia-
ting traitors, they ALLURE the doctrines he
taught ''There can be but two parties now"
he said, when Sumter's flag was deseerated
''the party of patriots, and the party of trail
tors" We know which side he chose But
are these men on his side or the other The
record speaks the reply.
| They say the constitution does not author
ize martial law it does not mention it. Nor
does it mention guDpowder, nor bayonets nor
blockade. Why are they proper and the
other improper? The constitution gives to
| Congress the power to declare war, to raise
and support armies and to provide for calling
out the militia. 1t makes the President com
mander-in-chief of the army of the United
| States. Our fathers who framed that nstru-
ment were men of sense They knew that in
the common course of things, wars must come
and instructions; that armies must be raised
and maintained, marched and fought. And
providing for the distribution of the general
| powers necessary, they trusted that their
descendants would have brains and spirit to
| handle the details. No battle can be fought
| without guns, no campaign conducted with
out martial law. Our ancestors did not think
so poorly of their posterity as to suppose that
we must be restrained in the use of one more
| than Of the other.
Martial law is despotism-a dreadful evil
| Battles are murder-no less an evil. The
more reason for driving the war to a speedy
| close. Both are opposed to the peaceful
| spirit Of the constitution; both without JUS
| tlfcation, except in necessity neither ex-
pessly forbidden in the constitution, nor ex-
pressly sanctioned; yet both necessary Incl
| dents OF war, not to be avoided by any theory,
| cruelty lntruding upon us who are painfully
| unwilling. No constitution can bride bloody
war with the silken reins of peace, turn bay
| onets into constable's slaves, nor plant courts
| and juries upon battlefield. We cannot
persuade rebel armies to submit to trial upon
the Indictment of grand jury; nor will a
warrant arrest the whizzing mimic and the
| screaming shell. In such perils the constitu-
| ton is to be upheld, not by lawyers and their
Grafton, but by heroes and their blood, Mar
| row and unsafe that construction, which de-
| ciarpS To
| gencies.
| Our commander-in-chie must take from
| the enemy mules, cattle, corn, cotton wag-
ons: must burn houses ships cities: must
capture and kill. Do not rebels the same !?
| Can our general achieve success, if he is I'M
| able to picket his horses, form line of battle
or direct a march, destroy a building, cut
| down tree, for fear Of broken Constitution
and suit in trespasss Or if the control over
the territory subject to his arms be denied to
him because occupied by citizens, not belong
ing to the belligerent armies? Such tri1ng
revolts common sense. The WAR POWER
outside of the constitution, because not named
| by 1t, actth@'e the constitution, because implied
IN the right to make warts, and of necessity
must be, supreme within its sphere.
My friends in the great litigation now pen
| ding between the Union and its foes
| the Northern counsel against the government
| have been ingenious and persistent. Their
efforts have protracted the trial, and given
| hope to traitors. No point that could en-
| barrass us, or aid our enemies, has been over
| looked. Irregularities in our proceedings
| provoke clamorous opposition, which com
mitted by rebels, excite no remarks. No
| step is taken by our leaders to speed the
| cause or win triumph, but meets their Bit
| ter denunciations
| But we shall gain our cause. The obiec-
tions OF our antagonists will all in turn be
| overruled. The Supreme Judge of nations
| will deliver Judgment. Before Him. right
| eous and al-wise, our just claim must prevail
| Omnipotent, His arm will enforce the decree
He, whose plying eyes have long witnessed
| the sorrows of the oppressed, whose ears are
open to their cry, will not give over this con-
tinent to the rule of shareholders, nor suffer
| its freedom to be quenched in blood. Our
grievous sacrifices will be accepted; our pray
ers heard. Delays, discouragements, disas-
| tiers, though long and wearisome, are but
needed discipline, through which we must
patiently abide the day of final victory
That we shall abide steadfast, mmovable
that happy, enduring peace shall end onr
wees and blot out their remembrance that
discord shall give place to unity; that our
flag, floating unchallanged over the fortresses
OF every State, upon our ships in every sea,
shall proclaim liberty throughout the earth
to the inhabitants thereof" have undoubting
talth-taith resting in the courage Of this peo-
pie, and the favor of our God.
TURSIPT TASTE IN MILK.-The unpleasant
taste given to milk and butter when the COWS
are fed upon turnips, is effectually corrected