East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1863-06-16
NUMBER 46.


and no man dare advocate il. The peo.
: pie will not, as they think yet tolerate
il. In all its plentitudes Of power there
fore, even amid civil war and its necess.
tiles Congress dare not pass such law
What then ? Shall Gen Burnside en-
act law which the people will not tol.
crate from their legitimate representa-.
tivos--a law under which he is Judge
and Xecutioner-where no jury, no
court intervenes, but at his sole com
mand the citizen is str uck down, ruined,
and that great right of which the people
are more jealous than all others Is tram.
Piled in the dust under the iron heel of
the soldiery?
Can such an order be the law of this
country? If so, then from henceforth
we may bid adieu to liberty, aud reli
ance upon constitutional rights and laws
No it is not law, it is violence Con
gress has not deemed it necessary TO en-
act the sediton laws, and what Con
gress with tho right and power to do,
has not deemed it fitting to do, Gen.
burnside certainly cennot do--nay,
more, go farther and do what Congress
itself cannot 90, viz; to establish cen
sorship and suppress newspapers at his
pleasure.
But it is deemed military necessity,
perhaps. In Illinois, in profound
peace within its borders, with no hostile
force even near her, business going on
as usual, and courts open, and all things
as they have been, a newspaper crcula
ting among pcaceable citzens, is struck
down. Where is the necessity in mil
itary sense There can be none, or
any pretence of any. The act is unwiso
and illtimed, and | believe and trust
will be disowned 10y the government
IF the government Adopt and sanction
it as their practice, then, may it please
the court, | think we may iool; for
greater calaulties then any we have yet
witnessed--among ourselves divisions,
dissensions and internal strife, consc-
quent weakness in the government, and
IN the end as a result, failure to snr-
press tho ebellion--farther, ultimate
separation Of States and tho final de-
s,ructon of the national government.
1t seems to me that these exercises of
arbitrary powers must, if persisted in,
produce these necessary results.
And it has been, that the government
may be admonished, through tho pro.
ceedings of this court and its action,
that we have advised an appeal to this
tribunal and that myself, contrary To
my desire and wishes have come before
this court to day. 1t is in the hopo
that l may have some instrumentality.
possibly in averting the mischiefs which
| think l foresee.
Now / suppose that Gen. Burnside
passes his authority upon somc pretence
Of martial law. What is martial law
What are the powers of a military Off
icer, situated as Burnside is. First, l
think, independent Of all other consld-
eratons that tho constitution was made
for war as well as for peace, aud it Is
binding upon the country at all times
that no Major General has right 10
disavow his allegiance to it or attempt
to defeat its provisions. HIS oath binds
him to support it; he has no right, upon
any pretcxt of necessity; at his own
mere will, to disregard it. lie cannot
say, when bound by his oath and his
duty to sustain the constitution in all its
provisions. 81 think that The Chicago
Times is mischevious paper, and,
therefore, the provision of the cons,itu.
tion which secures the freedom Of tho
press shall be disregadcd AMI held for
nought" He is as much subject TO tho
provisions of that instrument and as
much bound by it as any man in civil
lifc That the constitution never de-
signed that any os its provisions should
be suspended. except in one single in.
stance, is clear from the fact that it
gives to Congress the right to suspend
the writ Of habeas corpus during tho
time of civil insurrection and war
Why did il confer that right upon Con.
gress it, by the mere order of a Major
General, not only the right to that writ
but every other constitutional provision
for the protection of the citizen could be
suspended The right to suspend the
kabcaS corpus. according to the prnci.
pies upon which Burnside acts, need
not have been bestowed upon Congress
at ALL The constitution itself is of no
| effect when il comes in contact with his
military policy.
But we are troubled great deal with
martial law, and again i ask, What is
that law? In othor countries it ia
well understood and clearly defined;
when it is declared people know what
il ir, and where it is, and how far it ex-
tends, aud what are their rights undcr
it, 1t seems to me that Mr.. Gushing,
while he was Attorney General of the
United States, laid down what arc the
trao principles of martial law in this
country. lie says ("Opinons Of the At.
tornies General "--Vol. 8, page 373):
"When martial law is proclaimed
under circumstances of assumed ncces.
siiy, the proclamation must be regarded
as the statement Of an existing fact, ra-
ther than the legal creation of that fact.
IN belcagured city, for instance, tho
state of siege lawfully exists because
the city is beleagured, and tho procla.
nations of martial law in such case IS
but notice and Authorization Of the fact