The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-01-08

show eaua' respect for ths rights and Constituted aushor
To State legislation and authorities We look the good
order q society the security Of life and property the
protection Of homes and AL that nearoat and dear
est 10 us IN the relations, duties and actions or e
dangerous and demorazing 10 show contempt for State
authorities and laws. II undermines alike the foanda.
lions OF State and national government by breaking up
the social system II Il laws not respected the
more general authority will not be regarded
ARBITRARY
Our people have therefore viewed with alarm prac
tees and preensions the OF officials which violate
every principle Of good order OF civil liberty aud OF con
President has powers, Commander in Chief OF our
armies. which authorize him 70 declare martial
where other law cannot be enforced, but also
whole hand That al his pleasure he can disregard
NOT only the statutes q Congress but the decisions OF the
gent cnss OF officials may be clothed with power not only
TO act "a spies and niormor but also, without due pro
cess OF law o. seize and mrrson our citizens and carry
them beyond the lulits OF the state 70 hold them 10
pr without hearing knowledge OF the Offences
with which they art charged Not only the passions and
pre,ces Of these inferior agents lead them 10 acts OF
tyranny but their interests are advanced and their posi-
tons secured by promoting discomfort and discord Even
ia ask the aid OF counsel has held 10 be ar offence
1t has been well SAID thai to I've arrested for one knows
not what to be confined entitled to ask whore 10
bo tried no eau say when, by law nowhere known
or established or I!nger ont life Ia cell without
trial. presents body OF tyranny which cannot DC en-
'5 re- :no0,.,., journals and ..s },
persons have been Saringiy partisan allowing TO some
the utmost ccnt;susness OF criticism. and punishing
0thera for the iir exercise OF the right OF discussion
Conscious Of these gross abuses, attempt has been
shield the vhaoTs OF law and suppress nnnlry
into their motives and conduct This attempt ii tail
Unoonsiitutisus scis cannot be shisded by unconstt
tonai laws Such attempts viii not save tho guilty
while they will bring just condemnation upon these
who try perver the powers OF legislation 70 the pur
poses of oppression 10 Justify such action by prece
dents drawn from tho practice OF governments whore
there IL restraint upon Legislative power will he OF no
avail under system, which Restraints tho vernmen.
aud protects the citizens by written constitutions
.M ho' inuiro VIA , @ as,s % snsusnn
single right or the c,zens OF loyal States denounce
tho doctrine ,h at civil war In the South takes away from
the loyal North the benefits o! one principle Oh civil
liberty.
/, is high crime TO abduct citisen or this state IL
is made duty by the constitution to SEQ that the laws
arc enforced shan nyestiga,s every alleged violation
our statIcs and that 0onders brought to jus
tce. Sheris and district attorneys are admoashed that
10 is their duty take that person within their
respective counties Imprisoned carried by force
beyond their its without due or legal sthori
~ The rsmova! to England Of persons charged with
offence away from their friends their wi;0csses and
or defence, one N the acts or tyranny Tor
citizens State for oence charged 70 have been
dcns here, ana carrying them many hundree miles TO
distant prisons in other States or Territories Is an outrage
Of the same character upon every principle Oh f7nt and
The general government has ample powers 70 establish
courts 10 appoint officers and commissioners TO
hear complaints and nprson upon reasonable grounds
or suspicion. hs, Judicial systen. IN fun and und.
arbsd o.ao M own eos nsa a.n on sns
hcar,nr ~ ali eomp,an,s IN itslaws are not amps for
the punishment Of osnces 10 due 70 the neglect ofhoss
Government Is not strengthened by the exercise Of
doubtful powers but BY wise ana energetic exerton OF
those which are ipcontestne The former course never
fails produce dscord suspicion and d'stfus while the
latter inspires respect and confidence.
TINS oya M a h m.rrsa sma nuhlie
contempt and whose socia order and sacred rights have
yolasedwss At thai very time sending forth great
armies 10 protect the national capital ard '" save ne
national officials fight capture II was While tne
arm New York thus sheltered them against rebellion
that without consultation with Us Chief magistrate
subodnsc department at Washington irsued people
and invaded orr rights Against these WRONGS aud out
RACES the people the state Of New York. ut s late
election sclen,nly protested
Tie submission Of people TO Msse AbuseS---ior
tim: e hsr S.sss H wa- sy in Sp
Of reapec FOR institutions shat hey waited until ney
could express their win N the nsnner ponled Sa ~
their regard for Jaw and faer love or liberty
Amidst all the confusion Of civil war; they calmly sat ~
Judgment upon the administration, voting against Its
candidates. Nor this tho only striking proof 6f
spect for The constitution The minority Of nearly equal
numbers yielded 70 this decision without resistance
although the canvass animated by strong partisan
sxciteineuts This calm assertion OF rSfas, and THIS
INDICATED At once the character Or our people and ,ac
stability OF institutions had fhe -see.sionis,s Of the
South thus yielded to constitution decisions they would
have saved themselves and our country rron Inc horIe
Of this war and they would have found the remedy
for every wrong and danger
MARTIAL Law
The cain Of power under martial law is not only de-
sruciYa Of She rights OF states but 1t cyerlhrows the
legislative and me s'Des, govern I'm
mead " the army thar Jas the representative ruler
Of the ysorls. This cam has brought discrsdt upon
us in the eyes Of the world. 10 has strengthened the
hopes Of rebellion II has woakensd the confidence Of
loyal staies IL tends 90 hesrey tue value Of gov
srnnen In the minds OF people II leads 70 discord
and d,seonent nj tho North. While IL has united and in
If there nseessiiy which iusnies that policy let Us
openly and honestly ssy there s necessity winch ius,
aes revolution. Bat this prstengion IL not put forth
necessity which uvcr.caps Tor tine ali restraints, and
which ersl,s tbs ,ilitary power 81 the eadent above
his civil and constitutional rights ~ asserts that he may
IN his discretion declare war and then cx,ngush the
state national constitutions by drawing The pail Of
marital law over our vast country.
ssMsrtai law dohnes useto he law where war il. 8,
limits jurisdiction BY iis very term But this new
and doctrine huds mat thu loyal Nerth Lost their
cons, ;ur.0aa rights when tho South rcpeed and ~ are
now governed by sn tsfy dctston Loyalty Is thus less
secure than rebellion lns stands without 10
si ortrsges 10 tyranny. Amidst all the her
history Of the worc and amidst all The us.incsons at
tempted a Ito usages u was never before held that
could be eIt.Gdrd peaceful state. u was never
before Glcinsd ha. She rsv-r ~ military scfnmsnder
was superior 20 the powers OF government
More than two centuries sics that bold ieeadeF 81
English liberty tsi honest and independent jude. Lord
coke dscisrec:-" where courts law open marital
law cannct be executed and also that he power that
is above ,he law unst for ,ho king 10 ask or rs TO
grant, are III glish laws sacred or 10 Engsn
liberty more tlaD o1t5.
j, was ore Q. the cAus.s forth in the Declaration q
lHUfIeUGSns<
England .sthsi has affected to render The military in
s.psuaenLo OF and epsrior the civil power During
the struggle fov national e although surrounded by
enemies spies and ipovlpcr, rho uphed tha preensicns
Of the crown, Washington never declared martial a1 or
claimed the right Under any croums'sncss 20 make The
military superior TO the OWL su,hsrity Tn the con-
tgary he was most de-rsnta tns latter The feeling
e the izhers his sgb-oS can best be learned by the
consultations which formed b. the men who sstAb
ished our natcrs governments OIL, OF them had provi
sons noonsaten; with ,h,s new and morstrcus pretsu
sion.
NISSAN hnsetts, Nav HArvshire. Connecticut, D.ls
ware. rsnpsyysna Maryland, North esrena ana south
Carslius, elght OF tbs twelve states which originally
msSs Up our Union cIpesuy declared that the military
power should, in oil cssss aud ii al trsc: be hed in
exact ssportinston The civil authority and be 20
vsrnsd by IL. This exyScsssA in each constitution
in terms almost ident.cs 10 Is incredible that people
who held there views snd who JEALOUS % teir Ii.
berries who thrs restrained state authorities under
their Immediate cusroi would give 20 thc Commander OF
The Army OF the tn.cd states this despoiie p0wer-A
power whsh the Of Great Britain has not uesn per-
misted to exercss Cor nearly Two centuries.
The measure ~ be eHercaed under DER govern
meni il hrcd by l. constitution. To make the msrims
G other the rsagrs OF other nations tho
rule here would sanction 20 every outrage tyranny