The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-05-23

UNCONSTITUTIONAL RIGHT OF MILITIA
RY ARRESTS Inthe questions which have
arisen under the recent military arrests,
there seems to me a strange confOunding
of the two separate and opposite states of
peace and war. The principles applicable
to one Of these conditions is not applicable
to the other. If a military commander
were, in time Of peace, or in cases which
had no connection with war, to arrest cltl-
zens in the ordinary pursuit OF their buSl-
ness, it would be unconstitutional. There
is no pretence of such right. But sup
pose in time of war, when the whole safety
of the country turns upon small matters
on the opinion or conduct of portions of the
people, ohm Smith calls a public meeting
and denounces the war and the men who
conduct it; is his act any way different, eX-
EXCEPT in power and degree from that of
an enemy in the field? Is there any doubt
that they would thank him for 1t? is there
any doubt that he contributes, just SO far
as his position and capacity give him the
means. to aid and comfort the enemy?-
While he is doing this Gen. Jones COM
mands that military district. 1t is his busi-
ness to fight the enemy wherever ne can
find them. 1t is the duty Of his soldiers to
Law down their lives on the battlefield, and
as they do So the mourners go about the
streets, weeping for sons ana husoana !!
slain bv the enemy. While the battle is
going on, and when the dead are in their
graves, the noblest of all offerings on their
| countrys altar; the Woods, Voorhees, and
and Vallandighams are telling the enemy,
"You are right and we are wrong. You
are a clever set of fellows, who only tried
to get your rights, of which this wicked
administration deprived you. we cheef
Won on, and will make peace and exile those
detestable Abolitionists.' Now, has man
hypocrisy enough to deny that this is help,
| ING the enemy? Is there any man TOOL
enough to think that the common sense OF
mankind can be imposed upon in thai
way? The fact is plain enough, ana the
men who talk in this way are the enemies
Of the Government and the 1flenos Oh lh'
rebels. Therere is no doubt upon that
Nor do think there is the slightest douD
but that the great body of the people VII
|, hold them so. But it is desirable that ev
erv act, even of salutary justice, should bt
!. done not only in conformity TO the Constr
: tuition but that the intelligence OF the PEG
: Die should be informed, and clearly ac
: knowledge the legality of all PROCEEDINGS
b What, then, are the rights Of military com
, manders, chat is of the Presidency III TIM
: of war. in respect to domestic enemles!-
What is the constitutional def1nltlon Q
MOWERS of Government and forfeitures o
traitors in time of war? In the first plac
what are those men arrested Tor, ana D.
, whom? Are they arrested for carrying OF
f the fruit business, or selling dry gooos,
4 expressing their opinions on men or par
e ties? No such thing. They, are not arrest
ed for saying or doing any iaw sano un an
= now, say, there is the fullest CONSTITUTIONS
o nouey to arrest Them, and keep them arrest
: ed. without the aid Of any Court '0hateoer.-
: These are the facts and constitutions
y points Of the case.
e Flrs-There is war, not against dt
! fined, territorial, foreign nation, outagalni
8 a certain lumber Of persons, no matte
i. where or under what name, part Of whoI
e are arrayed in organized armies, and pal
n are at home, and in other ways aiding an
e assisting these enemies in arms: Here il
h at the outset, an important distinction b,
v tween this and foreign wars, SO called
e The enemy is not located in England {
~ France. nor in South Carolina, or Tenne,
a see, or kentucky, or Ohio. The enemy