New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-01-08
~ .as in Judgment upon TIE Admin.


this the On ssG1T, proof Of respect for the S''
tuition. ite n,inoity. Of nea.y equal nnnot..y
Ccd 70 Ills decision without resistance, sithO' {h
the clav lss was an,.ed by strong partisan exc e.
merit. tbs calm assertion Of rishts, ani tois
honorable snbms.io1 20 the verdict vi tho ballot
box, vnGicited at once the character OF orr
arj the stability OF our Institutions. Had e Scrs.
sio lists II the South fhu5 Yielded to corei,pt:onsi
decisions, tieg void have saved t<eDeciyes and
Cur country from the horrors OF t's Wat, and they
would have folad the sane r.nedy for every wrong
AID danger.
MARTIAL LAW.
The claim of power under martial law - not only
destructive Of tbo right o! sAes h"t IL
TIC legislative and judicial departments u the
General GOgernment. il assert, Tor the Pfcsl'eht
,uC.e ROVER "a the head Of tho army, tban US "a
reprssen 'ntivc ruler III the people Ihis calm Las
brought GB. redit urou us IN ta' eyer o. tJe Wo''
IL nas strengthened t.e hopes OK Rebellion. III nao
Veakeued .ie conlidunco OF loyal States. II tends
10 destroy tue value OF onr Government IN tne
mi, IA OF our people. L. tends TO dscord and dis
con, EFT at th: North, whiis it has uniied aud H.
vi IJratsi the south.
ii ,hera 10 necessity which justifos that policy,
LEI u o,.sry ard honestly say there Il 1ecesslty
which i.siif = u revolution. Bat this prcension !.
not IA; forth az "a necessity which oyereapS Tor u
time al restraints, aid which is ustliied by great
.yiycncy: il Ii g. theory which eXaits Ire nl.lUary
uoy;er of the President owe his civil and consit L.
tiouL lg,ts. IL asserts tina; lie may IN bis DIS
creton declare war, and then ex'IneuisD tho State
and SaiUnsi CONSTITUTIONS by drawing tie p'll OIL
lnariial law over our vast country.
1iartal law deGaes itself to be law where
war a. 10 limits its own jurisdiction by ts very
ferm Bat ;i,s new and grange doclfine hotGs thAS
tie loyal North lost their constitutional rights when
the South lebell.d, and ail are now governed b
military GiciatlOn. Loyalty IN thus lees secure than
Rebellion, for it stands without meabs to resist OUT
RACES or TO resent tyranny. Amid all the horrcrs
that bnve been enacted uuder martial law IL the
history Of the world, and amid all the jnsthca
tions attempted of its ussgcs, IL WAS never ptlofe
held TINT / could be extended over peaceful Sales
IL was never before claimed that the power OF q
military comma1 .cr Was superior 10 the powers OF
Government .,,,.
More tam two centuries since, that bold defender
OK Enaiish liberty, that honest and Independents
Judge. LoId Coke, declared: " Where courts o. lew
~, open. martial law cannot be executed, aud al'o
tbst he rover that il above the law ID unfit for
tia King to ask or us to grant," Arc Ln5isn laws
moro sacred or is English liberty mere secure 'han
ours1
IL WINS one of the causes set forth in the Doclara-
ton OF Independence Tor renouncing allegiance 10
the KIM OF Ene md "that ne has affected 10 render
tho military Independent Of and superior 10 TIE civll
noSeT." During the struggle for national lie, AL
though surrounded BY enemies, spies, and ntorners,
Who utbelt the pretensions oi the crown, WnsDlDS'
ton never declared martial law, or claimed tie rgnt
uuder ANY eli cn.nsLances mako tue military supe-
rior ID the wi authority. On the contrary, he was
mot deserential to the latter the feeling u tho
fathers on this subject bee. DO learned by Tue
Constitutions, which We're io.Ined by Tho nen Who
established our National Government; all OF tGeln
had provisions rconsistent Win this new and NON
strous (re e.Son.
Delaware, lenpsylvania, Maryland, North Carolina
and Soati Carolina, ,i ri the twelve States winch
ORIGINALLY made up Union, explicitly declared
tai the military power should IN all cascs, and al
Mi times be bclc III exac. suborinauon TO tho civil
authority, anu ce governed ny II; LIS WAS ex-
pres ed IN each Constitution in terms almost i7a-
cal. f. i. iucred BILE that People who held these
views and VINO were -aiyus OF their Liberties, aad
WHO taua restrained state authorities uncer their
inneG ate couro', woui! give 10 the COMMANDER OF
lie Aruv OF tie United states thus dsspotic power;
n uo,ye. which the crown oi Great Britain has noe
Teen permitted 10 exercie for nearly two centuties.
The measure Of power 70 be exercised unier oar
Government 4, fixed by the Constitution. 10 make
the laaxlaS o. other Governments or the usi co OF
other uiiions the rule here, would give sanct) III TO
every oatnge, tyranny, and wrong. IL would undo
vi III MAE done W our fathers WAC formed our Gov.
enmeu IL makes the practices OF despoiisc or the
prn Ipl,s OF monarchy higher authorities than tao
i,nt ca Constitution OF Repeb!ie. The unlimited
uuccuttocd despolic power elaInel ppqes martial
law ID OF ltrtlfa reason why It cannot be solntted
Ia. set u III II ID iaeonsistept with tho purpoees
H.,
s.are ,he cai.n set up for In control over ex-
,sut Of county and diversity OF Interests wLich
never existed IN the despoIi us or moGareaici Gov
esnu,ens rom which the.precedeDIs are drawn to
J1f,ily II.
New-Yolk and other States consented to make up
the G.ntnI Government only upoa the assurance
that toe or % nEl Constitution ,houii De 80 amended
q. 10 sscrss more perfectly The eghls Of States and
oiciIaens. These articles we've added by tho unan-
,laous vote of the S,ates:
AnrIcLr trho rsL. c: The people 10 be IN their
p-sns A.ls,. papcs erd elect, against Gnr-a.onabis
sr.lchs a. scisvrr nal NOT Dc vigls:s! Aud no weren't
shall sur but ulsi probable cape supported by oGh or
sirn4iion AMI ua.lcilnly drtcbius tie plaza TO be
s".rchss d the poem or ,,es TO DO seized.
AnTcia SNo person sLai. be btd saswer for csPi
ia o-sraisc nilH ora CRIME unr' on Ie'snn-n: or
lrlcmuut g: srsLl y except in cafes AIMING III the luna
r.ysI forcs. or Ia the mis whsn IN actual service In
'ii.s Of va C.; pablo daLset, nor % de,
The want Of these restraints IN the original nstru
men endangered It's adoption. They Were inserted
10 satisfy ne public demapd. We are now told that
they are oil 10 avail in any part Of our cou.try
when ,hc Executive ehal lit 10 declare there
war or iustrIsell0u ia ANY section oil this land.
-ucl pGetefslons aFe III contradiction to tie plain
laulna 4 % these clausesand 10 their settled LEGAL
tiltc.. IL ANY differences VI construction be p0.o.bc
our Constitution provides for their determination.
There questions will be carried before the proper
judicial tribunals. If tee theory OF mari / law il
npueia by them, We will submit and hove the Con-
sttulion nnsnded. IL IL is held To be uniounded j.
must DO gwen up.
SO aacIe did our fathers hold constitutional rights,
that tuey placed them beyond the reach even
OF the i,y OF our people. Written Const!to-
tious nre made, not only TO carry ont the wishes,
bat also To restrain the power Oh majorllles, ana 10
upheld and protect the rights of uinori'ies. They
give the Lunblest citizen the right Of religious iee
aom acainat tho whoio POWER of oar people. No
matter how large majority may DO, 1t must not IN
teriere with rights oil pertoGs, OF property, or Of
COINCIDENCE.
Tho President himself holda his place not by the
will of tue ngjoniy but oy virtue OF the provisions
OF the Constitution, which placed him in his Office
by the votes OF about SEQ OUO against the votes Of