Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-10-21

1 las held that the constitution vas atiopeed ii
I view OF the common law, and aIy doubtful
question OF Interpretation is TO be considered
/ by the rules of common law. How does the
common Ian regard martial iaw. nave
! heard boasts by high officials and read them
have heard boasts by little pieayane politi-
/ clans, that this martial law was something
! that in time of war superseded everything
! and that the American people became militia
| ~ subjects. Now il Is to be noticed that in
/ the constitution there is no one word on the
I subject OF martial law. There is no Syllabe
! 10 which any such construction can be put.
TN the contrary, every word is at direct YaTi-
! ance with martial law as Law of any author
| ity over the people With Difference to Mr.
( eward, with Difference TO Mr.. Stanton, With
Difference 10 General Burnside with defer
ence to General Hallech, ana with Difference
| to some respectable people in our own vieini-
| Y, | beg leave TO give you the true defni-
/ ton of martial law
Sir Mathew Hale was one of the ablest,
/ perhaps the purest, of the Judges of the com
mon Law. | Vas told the other das when
quoted him, that he Was dead long ago and
| think that is just whats the matter All the
great men are dead. Here Is what he saws Of
| martial law: But touching this business of
I martial law, these things are to be observed:
/ First that in truth and reality. il i not law
! but some thing INDUCED rather than allowed
| as law the necessity of government, order
! and discipline in an army Is that only which
can give those laws a countenance Second
that this INDUCED law was only to extend TO
members OF the army, or 10 those Of the
| opposite army, and never WIS so much
! INDUCED Is intended 20 be executed or exer-
cIsed upon others; for others who were noU
! listed under the army had no other color of
/ reason to be bound BY military constraints
| applicable only to the army whereof they
were not parts, but they were To be ordered
and governed according to the laws TO which
they were subject though il were in time of
war
And sais President of the United States /;
this creature Of the constitution; this officer
! of delegated powers who possesses not one
jot or title of rightful power beyond what this
Instrument delegates to him; this fmite
officer; he undertakes 10 extend BY his pro-
clamation this desp0tism Of martial law, whicl,
in his letter TO the Albany committee he ad-
nits TO be a mere law of brute force
There has been a time Ill American history
when no man would have dared TO attempt
that
And again:
Under the constitution, martial law re-
| fers only to the Army ana Navy, while it has
no relation TO citizens in time Of peace or v ar.
Elsewhere it Is expressly prohibited by the
| guarantees of this constitution
" a may stop by the way and sIuile at the
authority cited for this obsolete definition.
You know that if there is one region detest-
, | ed more than another By secession sympathi-
. zers, il i Ne# England. They hate its eli
mate, its laws, its men, its women. its facto-
ries, its schools, its industry, its morality, its
wealth, its patriotism, Its courage-1bove
all, its votes They want to leave it out in
the wet They would level Bunker Hill
but for a lingering hope that TOOmbs NAV
; vet call the roll of his slaves upon its sum
init. They gloat over New England necca-
dilIoes, and never forget the blue laws, and
TIL hanging of Salem witches Those saint
, " preachers OF sweet peace, who gently smile
when their Southern brethren roast a Missis
7ipPi negro, or hang I Connecticut mechanic;
who in New York str up their own pure
minds for a vigorous support Of the constitu
e ton. according to Fernando Wood. by the
gentle indictments OF arson, robbery, aud
= murder-glOw with a humanity 50 exalted
that they profess themselves unable to live
under the same government with the descend
! ants Of Puritan fanatics.
| And yet these ancient Yankee had great
precedent for their evil doings In cnli.ut
ened England (adored Of copperheads) year:
be fore Massachusetts witches appeared, Rose
Cullender and Amy Duuy, widows. were in
JicIed, among others, and tried on acCusL
! ton Of being witches The learned Judge
] presiding told the jury That there were
such creatures as witches nc made no doub
at all for, first, the Scriptures had affirmed
: so much; secondly, the wisdom of all nation.
had provided laws against such persons
which is an argument Of their confidence o
such a crime; and such had been the judg
. menI Of that kingdom. a appeared By tina
I act OF parliament which had provided punish
: ment proportiOnable 10 the quality of the of
r fence The next morning, Friday, Marcl
= I+th, 1868, the prisoners, having been foun,
guilty, were brought to the bar,-''tLe judg,
? and all the courts were fully satisfied with tn,
. verdict and thereupon gave judgment agains
the witches. that they should be hanged.
And they were executed oil
q Monday, the 18th of March following but the
confessed nothing" Is Stat Ti-iaLs, ZOO
This witch hanging judge, pattern to Puri
? t4us, vas the same Sir Mathew Hale, oracI
C to the c0ppeTheads on martial law 81 yer
worthy man no doubt, but rather out of dat
= GA these TWO heads of legal science
e The happy idea of vindicating treason b
u Sir Mathew Hale pleased the Milwaukee
= meeting that they adopted 1t in a resolution
: drawn saws the Milwaukee AeUS by the IN
= ventor of the eoutrivance; the state conven
: ton has stamped il as orthodox and Mr.. p al
: mer, the nominee for Governor, went out 0
+ his way to endorse every word and ever
I letter Of it. Thus did the blind follower
2 p
/ Here IS the resolution, the seventh in the -
u rics. which makes Vol. :. OF the Ryan plat
? form.
- :. R-S0Ir,d, That by the terms OF the Coustitu
: I tian. tl-e only change worked by a state Of wal
7 foreign domestic. in the rights guaranteed :
Il the states and the people Is the power Of Congress
r.. TO suspend the writ of habeas corpus, which Oul
: affects the rights o. the person legally arrested
: have the Of his considered that Pre-
cess that Il leaves all the other guar
, autees OF the Constitution FOIL force that III
articles II relate ex cl Usivelv TO the land
naval forces the United States. and that IS iEhE
- is GATED martial lau,, which the President admit
D. 70 De ths law of brute force has authority bt
youi the military occupation, and Lttttt that OK
- dcrr persons property subject -. held ttt
ii ecs rsSid1at Of the gtte3 Stats not actually B.
Of longing nf{itGry forces trsddS ats free Sgti
-, trGr 1reU peace, clothed rata all t5s
~ personal rights lchereoith the ConSttiCss has d
II rested ann amongst thzse rights td the o.l0e
ing IN thr Constitution:
a. Congress shall make no law
y aGridgiug the freedom of speech Of the press,
= Of -he RICH OF the people peacefully 20 asSem5
IN and petition the government for redress Of the
he grievances
H. The right Of the people TO Keep "A
bear arms shall be iufrinEei.
" The ri-at OF the eople be secure in cheir Pc
sons. houses, papers aud effects against
o. able searches and seizures, shall not pc vIol4te
- and warrant shall be issued but uEeu probsb
cause, supported - oath affirmation, AID 20
x ticuaCIy describing the place 70 be searched oil
~ the persons or things to he seized.