Sioux City register. [volume] (Sioux City, Iowa) 1858-1871, 1863-01-24

~S'fNi ohA "uoSC SuCIdI OiucE dtlu Sd
cred rights have been violated, was, a
that very time, sendno forth great armie,
to protect the national capitol, and TO say.
the national officials from fight or cap
ture. 1t was while the armies of New
York thus sheltering them agains, rebel
lion that, without consulting with its Chic
Magistrate, subordinate department a
Washington insulted our people and invad
ed our rights.
Against these wrongs and outrages the
people of the State Of New York, at its
late election, solemnly protested The
submission OF our people to these abuses
for time only, was mistaken at home and
abroad for an Indifference to their liber,
ties; but it was only in spirit of respect
for our institutions that they waited until
they could express their will in the man
ner pointed out by our laws. At the late
election they vindicated at once their re.
gard for law and their love of liberty
Amid all the confusion of civil war they
calmly sat in judgment upon the admin
lstraton, voting against its candidates.
Nor was this the only striking proof oil
respect for the constitution. The minority,
OF nearI equal numbers, yielded to this
decision without resistance, although tie
canvass was animated by strong partisan
excitement. This calm assertion OF rights,
and this honorable submission to the ver-
dict of the ba!ot-bVx, vindicaled at once
the character of our people and the sta
Utility Of our institutions. Had the seces.
sionists Of the South thus yielded to con.
stltuiional decisions, they would have
saved themselves and our country from
the borrors OF this war, and they would
have found the same remedy for every
wrong aud danger.
The claim of power under martial law
is not only destructive of the rights of
States, but it overthrows the legislative
and judicial departments Of the general
government. 1t asserts for the President
more power As the head of the army than
rs representative ruler of the people. -
This claim has brought dscreIt upon US
in the eyes of the world. 1t has strength.
ened the hopes of rebellion, it has weak.
ened the confidence loyal States; it tends
to destroy the value OF our governmen, in
the minds Of our people it leads to dis
cord and discomfort at the North, while it
has united aud nylgorated the south
If there is necessity which justihes that
policy, let US openly and honestly say
there is a necessity which justifies rcvolu'
ton but this prelension is not pu. forth
as necessary, which overlooks for
time all restraints, and which is justified
by a great eXigency. 1t is theory which
exaits the military power of the President
above his civil and constitutional rights.
1t asserts that he may, in his discretion,
declare war, and then extinguish the State
and National Constitutions by drawing
the pail Of martial law over our vast
country.
Martial law defines itself to be a law
where war is 1t limits its own jurisdic,
ton By its very terDs. But this new and
strange doctrine holds that the loyal North
lost their constitutional rights when tn.
South rebelled, and all are now governed
by military dictatiou. Loyalty is thus less
secure than rebellion, for it stands with.
out means to resist ou;rages or to resent
tyranny.
Amidst all the horrors that have been
enacted under martial law in the history
of the world, and amidst all the jus,iGca.
ton OF its usages, it was never before
held that it could be extended over peace.
full States
1t was never before claimed that the
power of military commander was supe-
rior to the powers Of government. More
than two centuries since, that bold deten-
der of English liberty, that honest and
independent judge, Lord Coke, declared
that-"W here courts of law are open,
martial law cannot be executed" and also
lhat-"The power that is above the law
IS unfit for the King to ask, or US to
grant, Are English laws more sacred,
or is English liberty more secure than
ours? 1t was one of the causes set forth
in the Declaration of Independence, for
renoancing allegiance to thh King Of
England, that he has affected 10 render
the military independent of and superior
to the civil power. During the struggle
for national life, although surrounded by
enemies, spies, and informers, who upheld
the pretensions Of the Crown, Washing,
ton never declared martial law, or claimed
the right, under any circumstances, to
make the military superior to civil au,ao.