The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-12
a"gressiOns OF Military Power,

The alarm now prevailing al over the
country at the aggrcssions and assmnp
tons of arbitrary power, should not be
disregarded by the Administration and
its friends. There is an apprehension shat
high officials are endeavOring to take
away the rights OF free speech and of the
press from the North, with the view Of
controlling public opinion in such a man
ner as to insure, beyond doubt, their
retention in power during another PreSi
dental term.
Within year this administration, like
all its predecessors, is to come before the
people for conformation or approval, and
it will be the duty of thh people then to
pass upon it, according to its merits or
demerits Now these military arrests and
suppression of newspapers indicative do
not say prove--a purpose to prevent that
full and free discussion so necessary, if the
people are to form an intelligent decision as
to the great questions presented to their
Judgment. The campaign will begin ear
ly, and will probably be conducted with
unusual earnestness The Administration
will be assailed in ill its vulnerable points,
and the bitterest personalities INDUCED in,
as in former contests. More than this
there may be mountains and avalanches of
lies, piled up and hurled back and forth by
opposing presses and orators. We may
regret all this in time of war, but the peO-
pie never will tolerate even the attempt at
prohibition of their right to such free
discussion as they shall deem proper. The
government cannot appoint provost mar
shals and detectives enough between now
and next election to prevent such discus
sion and overawe the people. FREEDOM
OF SPEECH AND OF TIE Press THEY WILL
HAVE. No government is worth having,
worth living under, when speech and the
press are not free, and if tie issue is made,
it will be one of life Or death.
We concede that our discussions of pub
lie measures and men should in times like
these be conducted with especial reference
to the public interests, and with spirit of
candor and forbearance, but the right to
thus discuss cannot be yielded one jot or
title The right contended for by us is
as clear now in the loyal States as in times
of peace. If it is abused, the offender can
be punished under the civil laws. The
courts are open there, and the course Of
justice is unimpeded. The right to punish
the offender by martial law cannot there
rightfully exist. 1t is forbidden by our
constitution and our laws, and would be
in direct violation of the fir st principles of
civil liberty. Sir James Macintosh, a ju-
rist of great eminence and ability says
''wl!en law is silenced by the noise of
arms, the rulers Of The armed force must
punish as equitably as they can those
crimes which threaten their own safety
and that Of society, and no longer. Every
moment beyond is usurpation. As soon
as the law can act, every other mode OF
Furnishing supposed crime is of itself an
enormous crime"
The pretence of disloyalty must not be
deemed an excuse for the exercise OF this
arbitrary power. Military commanders,
from the President down, have no right to
judge of what constitutes disloyalty. That
question belongs to courts and juries alone,
and in the decision of no other power will
| the people acqniesce.