The mountain Democrat., 1863-07-25
Prom the Rev York Argus.
4 Government Of Law.

Law, IN tHe general sense OF tne term rs
applied to civil affairs, Is a permanent,
uniform public and imperative rule for the
conduct of subjects or citizens. It is ar
entirely diEe1eBt sI>.s3 S1OiB Efe arbitrary
discretion of any man or body Of men. =
II il not unusual indeed to apply the term
claw" to such ar exercise Of discretion
but the usage ia loose and inexact. Such
acts may be called edicts, ordinances, OF
decrees but they cannot, With full pro-
pricty aud liberal exactnesS, be called
laws.
A government Of law, therefore, is one
which governs subjects or citizens bv
means ofpermanent, uniform, public and
imperative rules OF civil conduct. Where
the people are subject to the mere di>cre
ti0n Of one or moro persons, n govern.
ment of law cannot exist. Though il
may be said. in q vague and rhetorical
sense, that "their will is law" it is moi
So in such a sense as to give the system
the character Of a government Of law
1t may, in many instances. be imperative,
but in the nature of the case it il not a
permanent, uniform aud public rule oI
action. 1t varies with the caprice Of the
deSpUt-it bends to his partialiticS and
aniInOsilieS, and it cannot be certainly
known till the hea1Sman's ak falls or the
dungeons key is turned.
None but u government OF law can be
fr~e government. Freedom is not a
mere name or an empty baubIe. 1t is a
tangible, substantial and immensely valu.
able thing. 1t is n shield ag inst the op
pressive acts of rulers. In government
of arbitrary discretion there can be no
practical and secure -eedon, and without
these qualities it cannot really exist rs n
possession and treasure. How can civil
freedom exist where life, liberty, property
and social condition are ut the arbitrary
disposal Of man or body of m,n?-
The thing is simply impossible. But in
a government Of law the state Of things
is exactly reversed. Here is scope for the
guards and guarantees OF liberty. Here
may be erected those defenses and bull
warks which may protect the liberties OF
the subject or the citizen from the malice
of men in places Of power. Here may
exist and flourish freedom Of religion, oi
opinion, of speech, of the press, Of domi.
Gil, Of arms bearing, of public assembly,
Of jury.trial, and all other immunties and
privileges which constitute the sum Of ra'
tional liberty. Not ony is this true po
tcntially, but the political history of the
world demonstrates that government ot
law is likely to be, in fact, free govern
Inent. Tell US of country where the
government is administered by means o.
permanent, unfit rm. public and impera
tive rules Of civil conduct, and you at tn,
same time tell us of one where the peopl,
enjoy substantial freedom. In fact, eX
emption from arbitrary authority is the
chief element Of freedom and where tina
exemption exists nothing is more natura
than that it should he accompanied by a.
those express and positive guarantees .
liberty which are so dear to the heart o
the freeman.
A we'll regulated republic is peculiarly
government Of law. All public officers
being the servants, and not the masters,
of the people, they are not often able ia
assume the power Of ruling the ration by
their own will and discretion. The will
OF the nation finds authoritative express
ion in the constitution and laws, and no
| public officer can exercise any genuine
authority unoer the guidance Of any other
rule. When a government, called a re
public, exercises power Of any other kiud
than thi' (Which may sometimes bc th'
case the republican character OF the gov.
ernment is lost, aud it has degeneratcd
into a deSpoti>m.
A country subject to what is called
martial law" is not under n government
Of law. Martial law is not permanent,
uniform, public and imperative rule OF
civil conduct. but is the mere Al bitrary
will Of a military commander law,
hut despotism. Whenever and wherever
martial law is proclaimed the actor in the
affair is serving the interests Of ab>oluti>m
and no: of liberty. To suppose the con.
trarv is to suppose theoretical and prac
tical HbSurdiIy. Military law indeed, as
comprised in the articles of war. when
administered in its appropriate circum
stances and in reference to the class to
whom it appropriately applies, may be
Justly denominated law; but it is an es-
scntially different thing from martial law.
-Mi!itary-!aw, when framed by proper au-
Ihority and under proper limitations, is a
substantially permanent, uniform, public
and imperative rule Of action but mar
tial law is without these great diStin-
gushing features of genuine and salutary
legislation.
Our national government, as framed by
its founders, was cmphaticnlly govern
ment of law. The constitution, the fun
damentnl law, organized the government
in three departments, one Of which was
empowered to enact laws, another TO in
terpret and apply them, and third to
execute them. Their whole duty and
power was comprised in die adminiStra
lion Of law, and nothing was left to arbi
trary discretion. That such was the
character of the government is entirely
beyond a doubt; and the conspicuous
fact has always been the pride and glory
Of American citizens. We have glorlcd
in our freedom, indeed, but we have glo
ried also in our character as a govern
ment Of law. Americans would not have
libel ty without law, nor would they have
law without liberty but that which they
desire, and in which they rejoice and ex-
ult. is LIBERTY. AND LAW. .------------
The actual administration of the ma
tional government has, until recently,
heen consistent with this view Of the es.
sential character of our political inStitu-
tions. The government Of the United
States has been administered as a govern
ment Of law-we say it with pride and
gratitude. But what sort Of govern
ment has it now becomeP We can find
an answer to the question without re-
verting to the terrible history OF the
country during the two years in which
the present dynasty has been in power,
though that history is repIete with in
Struction on this point. We need only
to recur TO its recent administration VI