Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-01-18
GOVERNOR sEYMOUR,s MESSAGE.
ttfGI , lconcludsd.l
MARTIAL LAW.

only destructive of the right of State, but |
overthrows the legislative and judicial depart
ments Of the general government. 1t assert
for the President more power as the head o
the army than as representative ruler Of tn
people. Thia claim has brought diseredit upoI
Us In the eyes Of the world. Il has weakened
the confidence Of the loyal States. 1t tends :,
destroy the value Of our government In th'
minds Of our people, Il leads to discord an(
discomfort OF the North, while IL has united snt
inyiRorated the South. $40
cy, let Us openly and honestly say there ia a
necessity which justifesa revolution. Bat this
preteneion is not put forth as q necessity, which
overlaps for time all restraints, and which ID
justified by o great exigenoy; 1t 10 q theory
which exalts the military power Of the Pfesi-
dent above his civil and constitutional righte,
II asserts that he may In his discretion declare
war, and that to extinguisb the State and na.
tional constitutional BY drawing the pail of mar
tial law over our valiant country. f
More than two centuries since, that bold de-
fender Of English liberty, that honest and
independent Judge, Lord Coke, declared
"Where courts of law arc open, martial law
cannot be executed" aud also that "the power
that is above the law Is unfit for king to ask
orns to grant" Are English laws more sacred,
or 10 English liberty more secure than ours2
II was one Of the causes set forth In the
Declaration Of Independence for renouncng
allegiance to the KING Of England, "that he
has affected to render the military independent
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, Washington
never declared martial law or claimed the right
nd nv otp nm q t. rrlnka
superior to the civil authority. On the contra
ry, he was most deferentiai to the latter. The
feeling of the fathers ON this subject can beat
be learned by the Constitution, which were
formed by the men who established our nation.
al government; all Of them had provisions In
consistent with this new and monstHous preten.
sion.
Massachusetts,, New Hampshire, Connecticut,
Delaware, Pennsylvania, Maryland, North
Carolina and South Carolina, eight of the
twelve States which originally made up our
Union, explicitly declared that She military
power should In all cases and at all times be
held IN exact subordination to the civil author
ity, and be governed BY IL; this was expressed
In each Constitution 10 terms almost Identical
IL Ia incredible that people who held these
Views, and who were Jealous of their liberties,
and who thus restrained State authority under
theIF Immediate control, would give to the
commander Of the army of the United States
this despotio power; power which the crown
Of Great Britain has not been permitted to
exefcse for nearly two centuries. The measure
Of power to be exercised under our government
Is fixed by the Constitution. To make the
maxims of other governments or the usages Of
other nations the rule here would give sanction
to every outrage, tyranny and wrong. 1t would
undo what was done by our fathers who formed
our government. 1t makes the practice Of
despotism or the principles OF monarchy high.
or authorities than the written Constitution oi
our republic. The unlimited. uncontrolled
despotic power claimed under martial lawais oil
!!self q reason Why y cannot be admitted. TIE
| fact that II 10 Inconsistent with the purposes,
spirit and genina cfiour institutions Is conclu.
siva, against the claim .aetiup for its control
/ over can extent Of country end aldiversity oi
interests which never existed in the despot.
/ isms or monarchial governments from which
the precedents are drawn to justify It. ia
| d, New York and other States consented To
make up the general government only upon
| the, assurances that the original Constitution
should be 90 amended as to secure more per
fectly the rights of States and citizens. These
articles were added by the luminous vote Of th,
States: . t.
ARrloLE a. "Ths right OF the people 10 DO 90
cure in their psysons, homes and t6scts, G9ains
unyeasonabk searches and seisures, shall not b.
uiolated. And no toayrGnt shall issue but up0T
probable cause, supported by oath or affirmation,
and particularly describing the place to be search
ed and the persoa or thing 10 Do seissd.n
| Anri6LE s.. "No person shall be held to an
s,Dsr for capital or oiheypise iafamous crime
tniess on pyessnfnsnt or indictment of 0yant
jury, excspt in esses arising in the land or aava
forces, or IN the miltis, phsn IN actual servee in
time Of waY or public danger; no,
be dsprived Of hJe, liberty, or property ,oithou
due process Of lap," a..,a. - .e.
The want of these restraints in the origina
instrument endangered its adoption They
were inserted to satisfy the public demand. -
We are now told that they are of no avail, II
any part of our country, when the exeoutiv,
shall see fit to declare there 10 war or insurrec
tion In any part of this land. h.Ssh
| Such pretensions are in contradiction to th,
PLAIN Language of these clauses--and to thei
settled legal effect. II any differences Of con
ttrustion be possible, our Constitution provide
for their determination. These questions vii
be- carried before the proper judicial tribunals
II the theory Of martial Law Is upheld by them
We Will submit. and have the CONSTITUTION
amended, lf IL is held 70 DO unfounded. IL mus
| 81, sacred die our fathers hold constitutions
rishts ;hskthey placed them beyond the reacl
even OF the majority Of our people. Writtel
constitutions are made not only TO carry on
the wishes, but also 20 restrain the power Of ma
jorities, and TO uphold and protect the right
Of minorities. They give the humbless clti
sen the right OF religious freedom against th
whole power of our people. No matter no;
largea majoFlty may be, IL must not interfer
with the rights OF persons, Of pfopsfsy,or of con
science, 900 5-, Gssf1 .i Uyua 97l 81
/ The President himself holds his place not b
the will Of the majority, but by virtue of th
Ipsoyiaiops Of the Consultation, which placed hiI
In Office BY the yotes Of about 300 600, againl
Ithe votes Of about (, 800 900, who did not agrs
among themselves % TO opposing csndldatel
He oontinpss rightfully to hold his ofloe, 70
though the popular majorihea, even In the STATE
which placed him there have In the reoer
elections declared themselves politically oppose
TO hie administration. The majority are sh
bound to reppeot bic constitutional Tights, to uI
hold his powers and 70 sustain his acts don
within the limits Of righiful authority. g,sa,a
The righta of STATES were reserved, and th
lpoWera Of ths, General Government were limi
ed, 20 protect the people In their persons, pro-
ertY,,snd condolences In times Of danger an
/ civil cQmmotion., Thereis little tofear IN p
riods Of peace and prosperity. 1--we are not pr
tected when there are popular excitsments ar
conyulsi0ns, our governnaent 10 q failure.
Presidential proelsmations arc above the deel
ions OF the courts and the restraints Of she Coz
stitusion, then that Constitution 10 .mocker
a al.-a n. n A.