Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1863-01-28

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n there 4 i necessity which iasEfaes
sta&peiicy, lee usopsniy and honestly say
thege j. . necessity which Jastraaa II xsv-
olution. But this praseasion is aat pa
forth as . necessity which overleaps Tor q
time NIL restraints, and which ID Justified
BY a greas exigeney 10 10 fhe5fy which
exalts the military power Of the President
Above his civil and constitutional rights.
II asserts that be may in bis discretion
deelare wRr, and then sxtinguish the state
and national Constructions by Drawing the
pail OF martial Law over Our vast country.
| s'Aartial law" defines itself to BE- . law
where war Is. 1t limits its own jarisdie-
tion BY fts very term. But this new and
strsagsdoctsine holds shas the loyal North
lost their aaasgita1ienal righEs when she
South reballad, and all are DOW goYerned
| By military dictation. Loyalty ia thus
less secure than rebellion, for It stands
without means 70 resias oatragea or TO re-
sent tyranny. Aasid all she horrors That
have been enacted under martial Law in
the history Of the world, and AMID all the
| Qualifications attempted Of its usagas, it
il was never before held that Ii could be
extended ever peaceful st&tas. Ii was
never before claimed thRt the poweE Of d
military eqmmader was superior TO the
powers OF government, ... =
MaTs than two centuries since, that bold
defender of English liberties, Lord Coke,
declared: "Where courts Of law are o.
pen, martial Law cannot be executed, ,"-
and also that s'ths power that is above the
Law is nn4is for the king to ask or us to
grant" Are English laws more sacred,
or ts English liberty more secure than
oars ? = ~ r,t''' @e
It was one of the causes set forth In the
Declaration of Independence for renounc.
ing alleglencs to the King Of England,
E''tAat be has affected 10 render the MILL
tary Independent of, and superior TO the
civil power.' Washington never declar.
ed martial law or claimed the right dnder
any circumstances TO make the military
superior to civil authority. On the con-
trary, vas most deferentiai TO the latter.
The feeling OF the fathers on this subject
can best be learned by the constitutions
which were formed By the men who estab-
lishsd our nationai Z overnment oil OF
them had provisions Inconsistent with this
new and rnonstrous prstension,
| Massachusetts, Sew Hampshire, Con-
neeticut, Delsware, Pennsylvania, Mary
land, North Carolina, and South Carroll
IA, eight Of the twelve states, which orig.
iually made up our Union, explicitly de-
cl4Fed that the military power should 10
all GASES and al all times be held In exact
suberdination to the civil authority, and
be goserned BY it +; this was expressed 10
each constitution IN terms almost identic.
al. Ib is Incredible that people who
held these views, and who we're Jealous of
their liberties, and who thus restrained
stxts auahosiGiss under their Trnntsdiate
control, would give to tho commander Of
the L. 5. army this dsspoiic power; pow
ey which the erown Of Great Britain has
not permitted TO exercise for nearly two
centuries. The measure OF power to Be
exercised By our government il axed bY
the Constitution. To make the maxim
of other gogerBments, or the usages oil
other easioas the rule here would give
sanction to every outrage, tyranny aud
wrong, IE would undo what was done by
our fathers who formed our government ;
it makes the practices of dsspotism o. the
principles of monarchy higher authorities
than the written Constitution of our re-
public. Tue unlimited, uncontrolled des-
potio power claimed under martial Law is
of itself reason why it cannot be admit
Fed- The fact that it il inconsistent with
the purposes, spirit and genius Of our la
satutoua is conclusive against the claim
set up for it's control over an extent oil
country and diversity OF interests which
never existed, ia the desposisms or mo-
aaPehicaI governments from which the
preoedents are drawn to Justify it.
New York and other states consented
to make up the general government only
upon tho assurance that the original Con-
stitution should be so amended as 10 securt
more perfectly the rights Of states and
citizens. These articles we're added by
the unanimous vote Of the states:
ARTICLE. 4. "The right Of the psepLa
\ 10 be aeelsTe, IN their persons, houses, pa.
psTs aHd effects, Ggasw&s uHrea$ondbI,
ssarches and seizures, Ahaa not Be taol0t
ed. dad no aOaTTGn! sAal issue but up.
Oh pTobabLs causes supported by oath o,
affirmation, and particularly describing
lie place IL be searched and the person Oh
thing to BE- seazed."
Article. 5. s'No person ataH be heIt
10 aasaesr for capital or otherwise s1afa
FaoaS crime, tialkss on prassulment oi
iadiesmsRt o. a grand Jury, ezceps tn cas-
Ct drisi4ag in Ghs land OF nauaI forces, oi
, in The Ssilitid, shssa ia actual serviee II
fiHae Of todT or public danger;
.. nor be deprived Of life, liberty or proper
tn, scfthout due process Of Iato."
, The want of these restraints ia the orig
inal instrument endangered its adoption
They were inserted TO satisfy the publ
, demand. We are nov told that they az
: of no avail in any part Of our country
, when the executive shall see fit to deciar
! ! there Ia var Of insurreetion ID any sec
tioa Of this land.
Such professions are in contradiction
to the plain language Of these ciausea-
aud TO thsir ssstled legal effect. II an
! difference of construction be possible, gu
: gonssitation provides fer their detarmin
atsoz- These questions vail be carrie
; before the proper Judicial tribunals. |
: ths theory of martial law is upheld b
saaua, we will submit, and haTe the Con
stisation amended. n IL il held to be an
! founded, it mus bo given up. pa
So sacred did our fathers hold CeHsli
/ susionaf rights, that they place / Ehern b.
yond thereaeh even OF our people. Wri.
ten constitutions are made not enly /
|. carry oat the wishes, but also TO reskraI
the power OF majorities, and to nphoId an
protect the rights OF minorfsiss. The
: give the humhless citizen the right Of r,
Rgio$as freadona against the whole pows
!. Of eur people. No matter bow large
: majority may be, Il must not iDterfel
! with rights Of persons, of property, an
- conscience.
The President himself holds bis MIA.
not BY the viii of the majority, baa /
Sirtae of the provisfofs OF the Conssiti
:. ton, which placed him in his oGiea BY Il
s votes of shout /, 800, 900, against the vos
a 81 ~