Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-02-14

.a.as of rebsllgon or INVASION As the State govern
Telats have power Of sspendng the haoeas eoflAi
act IN those cases u was sal thefs "ss -. ~ 1res
giving such pswer 70 the general COVE sss
whenever the State which is Invaded orin Wheh - ~
surrection takes place dnas s safety requires y y ~ ~
make use Of that power and IL Wa urged tnal /. -
fave tlfs mower to the general government y would pe
an engine Of oppression 80 its hands since WhehefeI
State should oppose it, views however aIo'llIy ~
unconstitutional and refase submission TO them he
general rovernment may dee sra t an act OF reoeuon
and suspending the habeas corpus act may sezs UPog
the persons Of those advocates OF freedom Who Y -
virtue and resolution cDouEh to excite TIE
and may imprson them during its pleasure III tue
notest part Of the Union, taat citizen ot oe'isis
mi t be bsst ed IN the furihess part Of New Haint
o. citizen Of New Hampshire ia the ex re le
Of tie South, cut on frem their family thelr %
their every connecton. These considerations iaoue7
Ihe, sir, 70 give my negative also 20 his clause.
How propheiiel How no than reallzea ~ tne
country now But air, even the great wisdom OF We
frames of the Constitution could not foresse that u vas
P0Ssibs that might be placed "a tne
chair il less than eighty fro the adoption Of me
CoastuBn who should play the tyrAnt as TO arrest
peaceabie citizens in States not refusing submission %
the general Government ard baEtile them dur ng ms
pleasure in the remotest part Of the Union Sir haa
fathers known that such acts Of ntoeraoie opPte
sion could practice u the name Of liberty ana
be submitted TO by the people, verify oensVs 'Aey
never would have formed the Federal Gnion-
The Proclamation Of September 29a
Mr President notwithstanding that CoRgreis alone
can rightuiy suspend the privilege Of tbs writ q ia
bese corpus Abraham Lincoln elected to be President
Of the United Stetas but by his acts assuming 70 be ~
rant the liberties ald lives Of his countrymeni mas
had the audscity before ard tho temeriy hsfoEs
heaven FusPend by his proclamation Of the 29th OF
September last the Privilege Of this wit not Only a
tho States in revolt bat throughout the whole United
Saes to seize PeRceabl citizens la nine ether States
and to ''bayiu" them in the Hremotest part Of the
Union; and hear oh ys heavens, and give ear oh y
esrth tbs patient and long suffering people Of the coun
try have eney submitted to this exercise Of despote
power.
na fusu
and abot,orsn not only in the States in revolt but
within the United States and al persons dscouTaging
enlistmsuts resisting milits drafts guilty Of any
disoya practice "a supposed offense' one created by
himself uukncwn the Constitution and laws Of any
OWL zed or harbsrous people on eartl underlined even
by him and the definition Of which rests solely in his
owa arbitrary will" aforilng aid aad comfort 20 the
rebels against the authority Of the United States shall be
subject martial law and liable to trial and punishment
by courts martial military comui ssion." And that
there shall be any possibility that The victims Of his
oppression shall escap3 his vengeance, he has declared
that " the writ OF haoess corpus suspended In respect
TO a persons arrested even before the pretended sus
pension, who are now, or hereafter during the
bsllion shall be, imprisoned Ia any fort camp arsenal
military prison, other place Of osnnem ant by any
tsl or military comm ssi0n Since the Institution of
civil go7ernmsnts since the formation Of human society
since God made there never has been such un-
warranted assumption Of power, or such desPote
ere Sc Of and regardless Of personal c3nscquenees
viii, IN behalf # my eountryulen in the name Of the
violated Consultation OF my country, and In defense Of
civil liberty protest sgainstit and he that says that
for 50 doing ] disioyal to my country, lies before
men and in tae presence Of hi gk heaven.
used this Language because every miserable abol !0n
press snd sbaonist in the lsnd dares to charge with
disloyaltv man who honestly uters his sentiments d
fering from the views ara peiiey oL tns adnnisraon
may be that manifest some feeling on this subject it
NAV be that manifest more than some persons think
ought exhibit bat have been made 70 feel this
subject ny constituents have suffered and while stand
signtv of one Of the smslest States Of this Union
will discharge my duty 70 the psople Of thas State
though the heavens themselves should tal
Resist to Death ArbtraTy Arrests Hereafter.
srt mAy be said that there is no dagger to the loyal
citizen from this assumption Of power the part Of the
Presidents that be is hs5os that his only object is
suppress the rebellion ana that the innocent will IN
manner suffer. Such confidence may well become the
willing slaves Of power or the conscious tools Of despo-
tian. It becomes not me. Tho price OF liberty is
eternal vgssce The best guarantee of bsrty Is the
5eTance of she Con tituii5a of ones country. IhGTe
10 confidence in the honesty of any man who after
having emmy 10 preserve protect apd defend
tue Constitution Of the lied States, sgraSty
stteEpt its destruction know that thereis danger 10
the liberty Of the citizen from this assumption Of power
know that the innocent have suffered from It. know
that peaceabe aud unoeRdng citzeiIs of my State
have been bastilsd' in different parts Of the United
StatsSeat of from their fsH y, their friends and thei
every connection"
person he President and 10 his Secretary Of War
Nv appeal has been in vain. have appealed to this
body to make respectful inquiry IN nreereneet to the cause
Of their oppression Ny appeal has been refused
make 10 other and no more, exoepr to my feli7w-ed
zens Of my own State, While 1 ever bave and ever
shall counsel my State to be the last 10 abandon the Fed
era Union into which she first 10 enter and 10 ps
liepty wait aad bear until returning sbsl con
vince sections that the best ecnry for their rights Of
life liberty and property, in that Union and under
that Consultation which hers formed and the dis
msbsred sections Of that Union may from this cOnvic
tion again become United yet now and here say TO
the people Of ny Staiespeaking TO thsm Rs ndtVidu
as who conscious that they have ever been true and
faithful to the Constitution and laws Of their country
of 0f
fsnse let mini0n Of despoc power hereafter arrest
inprison YOU unless in accordance with the law OF
she land Against wrongful arrest defend yourselves;
and n that defense ui that amount Of force which
necessary FOR your protectors and whatever shall be
the result ysur conduct viii be In accordance with the
law OF the lazd and will meet the approval Of right
eous God. IF You shall fail in defense Of your rights
yo0 will leave as legacy to yopr children or your
friends lmperishable renOwn Your name viii be
transmitted to future generatons in the glorious esta
logae o. those who have bravey died il defense ol lib
eriy and will be rememberedto TO the latest 'sylable Of
time
What arc Dislogal Practices ~
Bat sir let us exAmine the provisions Of this extraor.
binary document In connection with the rights Of tbe
citizen guaranteed by the Federal Constitution Tbs
oNo person shah be held to answer for a capital or
otherwise infamous crime, ualecs presentment
ndctment Of grand Jury, except In arising Ia the
Ferviee In tine Of war; be deprived Of life liberty
or property without due process Of law"
net bs held to answer at all Crime can only be defined
or declared by law The President declares that
o1y pc sons engaged in the land naval forces or In
the militia when In active service in time Of war but
all rebels and insurgents, their sdsrs and sbsttors
within the United States shall answer, not the Con
sttuton provides upon presentment Indictment Of
ana Jury but By arr8iRnment before court martial
military commission rebel or insurgent, their aiders
and abetors guilty Of treason. Treason is both
capital and infamous crime It IS defnedin the Con
Treason against the United States shall consist only
Ia levying agai St them. or in adherBg to their
enemies giving them aid and comfort
By the Constitution, person charged with this crime
shall net be held TO answer for il unless on present
ment ind dotment Of grand jnry. But this sszamp-
ton of psTer d0esnot satisfy the President. He makes
(declares new erime-the crime OF Aoisloyal prae
tcesn Mr.. President, for twenty years have prae.
ced Ia he courts During twelve years OF that time
havs defended persons charged ith almost every crime
knswe 20 the criminal code For five years, as the law
officer Of my State prosecuted to the criminal courts,
and endsavored to famarlze myself with the priaci
plss Of the criminal law But confess sir, that never
did read hear Of the line Of disloyal practices
until IL was proclaim d by Abraham Lincoln. He dOrs
not define be does moi inform the American people
what it Is, that they may avoid its commission; that
secret he keeps locked up in his own discretion But
lie proelams that all persons gHlty Of this no crime
shall also be subjected to martal law and liable to be
tried and punished by cOurtmartial military com
mission. Caiguia hung his bloody code Of laws 50
high that the people could not read them. The Prea-
dent be supasssd in cruelty viii not allow bis to
be defined
Bat sir, what is martha law, to which every IN
the Unie Sate5 contrary % the COnsttuttn, Is MADE
subject By this pTOcIsnRion and what courts mar
al and Military commissions The duke Of Wellington,
who ough. to be good authority upon this subject in
debate in parlisment declared that martial lsw was
neither more nor less than the will Of the general who
commands the army, and he contsnded thai the gen.
era who declared martial law and commanded tha it
should be carried into effect, bound to lay down
dis incy the rules and regulations and limits according
to which his viii be carried out" The President
Of the United States is Co1amandern Chi sf the srny
Of she Uai'ed States Under his proclaim ion, what he
b. be WlO1
he wills may be arrested violaor Of his will The
law by which be declares vielator Of his viii shall be
tried his viii The tribunal by which the grave Of
fender be tried constituted the President wills
for the military commission Is appointed BY his authority
alone The punishment Indicted, If the President wills
that his win has been violated just what the President
Wills more, no less. Il may be the deprivation o
life liberty property either or all. The Constitution
declares that shall Re deprived OF these without
due process OF law Bat what is the Constitution wheT
We have a President thas has villa All these thing
the President processes 70 have done to save the UnoE
aud preserve the Constitution Is be mRdf
Among an the causes that have been potential in di
YidHg public sentiment and preventing concert and hr
mony Of action in the adheFng States none have beef
20 than these usurpations Of power and acts Q
oppression By the President The question ceased to b
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