Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1863-02-26

home, and of country-never was designed to be
aprogated by any statute, or By any constitution"
Mr.. Payne, of Alabama, speaking upon
this subject, said
Il shall not contend that the constitution Or zaps
0fhe United States authorize The declaration Of
marital td0 by any authority arhdte0sr; on the con
trGry, 1t is unknown to the constitution or taoos
And speaking of the argument that if
the constitution did not authorize it, the
General ought not to declare martial law
he says:
"Who could tolerate this idea2 An AraoZd
might bat no pdtriOtic American could I may be
martial law, when is evident that the constitu
ton or laws afford him no authority to do so 1
answer, upon the principle Of self-defence, 1Ctich
rises paramount to al lUTitte7o lars and the JUS
LITIGATION of the officer who assumes the RESPONSE
bility of acting that principle, must rest upon
the necessity Of the cC8e."
Mr.. Livingston, in a written document
submitted by Jackson to the court, gave
his opinion as follows:
con the nature and effect of the proclamat on
of martial law by Major General Jackson my 0piaa-
Son is that sa1ch proclamation IS UNKNOWN to the
constitution and laws of the United States that ii
d only TO be JUSTIFIED By the necessities Of tie case,
dc.
During the Rhode Island trouble, the
State Government proclaimed martial law
throughout the State. A house was brok-
en- open to make an arrest without war
rant, under martial law; and subsequent
IL an action of trespass was commenced to
try the legality of the act. 1t was taken
to the Supreme Court OF the Q. s. and is
reported Luther VS.. Borden Z; Howard ],
1t is to be borne in mind, that this case
presented the precise question for the de-
IF h.
land. The case was not the suspension of
the habeas corpus, but it was for tres
pass, by breaking into houses without
warrant, which was clearly illegal unless
the existence of martial law could be rec
ognized as atfording a defence.
Chief Justice fancy says:
"Unquestionabiy State may use its military
power to put down an. armed instruction too
strong to be controlled BY the civil authority
The PO10eT is essential to the existence Of dny Geu
er41et essential to the preservation OF order and
free Institutions and is necessary to the States
of this Union as to any other Government The
State itself must Ideern1ine aChdt deqree of force
the crisis demands; and ii the State of Rhode ISL
and deemed the armed opposition SO formidable
and so ramifed throughOut the State as to REQUIRE
the use of its military force, and declaration of
martial law, we see no ground upon which this
Court can question its authority. 1t was state
OF war, and the established Government resorted
and to overcome the unlawful opposition. And in
that state OF things, the officers engaged in its
military service might lawfully any who
from the information before them, they had reason
able grounds to believe, was engaged in the insur
rection, and might order house be forcibly en-
tered and searched, when there were reasonable
grounds for supPosing he might be there concealed
Without tie pO2oer TO do MiS, martial LdaD and the
military array Of the GOUernnaent a0ould be mere
PdTdde, ana rather encourage attack than TepeL it,
Justice Woodbury. dissented upon the
ground that q State could not declare mar
tial law, inasmuch as the war power. of
which it formed part, was lodged ex-
clusively in the General Government.
Thus. by the decision of the Supreme
Court, martial law, which is conceded to
be opposed to the constitution, is sane
toned upon the same ground as in Eng
land, the necessity of the case. 1t is obvi-
Gus, also, that it is immaterial whether the
Legislative or Executive branch of the
Government proclaim Martial Law. The
Legislature has no more right to violate
the constitution, or to disregard it than
the Executive. The Legislature may in
certain cases suspend the writ of Habeas
Corpus, which it is now claimed the Exc
cutive cannot do; but this case did not
turn upon the suspension of the writ of
Habeas Corpus; 1t was for breaking open
a house without warrant, which was pro-
hlblted by the constitution and a clear
trespass, unless justified by the act of the
Legislature which proclaimed Martial
Law, In the teeth of the constitution. This
act OF the Legislature was conceded to be
unconstitutional, but was defended and
sustained upon the ground that it was an
exercise of the war power, and protec-
ton to those who acted under it, the Con.
stitution to the contrary notwithstanding.
This case is conclusive of the whole
question, ana is entitled to the very ut
most consideration and respect 1t was
pronounced by democratic Court against
the wishes and pretensions of democratic
party and unless it can be maintained
that rebellion in the South is more in con-
formity to the Constitution, or better en-
titled to legal protection than q rebellion
in the North, here is an end of the argu-
ment.
The ground of proceeding in this behalf
is necessity and the limit of the power is
the extent of the necessity. No Constitu-
ton has any thing to do with it; it is The
war power, 'outside of the Constitution -
it is the Government closing its life to
preserve it, yielding up the forms, to pre-
serve the substance and life Of the Consti-
tuition. @.
CoPPERHEADs AT WoRK.-I.ast Sunday,
facts came to the knowledge of Col. Mess
more, in command of Camp Utley, point
ing out one of the sources from whence
has sprung the disconnected spirit lately
manifested in camp.
al MocSynnra ,atn w l.. IL
Of men down town and arrested man
calling himself a. c. Benson, and claim
| ing to be one of the firm of johnson, Fry
q Co., New York. Publishers Of Dyck-
| inck's History OF The rebellion. Benson's
| ostensihle business here was soliciting
| subscribers for this work, out his associ-
ates in this city were emphatically of the
| copperhea2d order.
Last Sunday, private in Col. Mess
| more's regiment informed him that this
Benson had been telling the men that he
could get them out of the service at a
small expense, and the one III question, we
| believe, gave him SIS; bnt after getting
his money, he did not secure his release.
| Benson was detained at the camp till
| Monday night, when after dlSgorging the
money he bad obtained from the soldier.
he was released upon condition of leaving
the city Immediately, which he did.
OF the man antecedents we know moth.
ing; it may be that ne was al! loyal
citizen should be, but ii so, appearances
were very much against him during his
stay in Racine.-Racine Adoocote.
The Racine Journal adds:
| We are informed by Col. Messmore, that
| lust Nefore Mr.. Benson left. he acknnW-