Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-11-13

~ &ADhH 9H AH0Ws AO @'Es EODaEBS q
The speech Of Ar. TooABs, delivered in tt,
haA of the House of Representatives, ct Mil
ledgsville, on Monday evening, 9.h November
is distinguished by the usual ability and iRde
peadsEee ef thought and character Of Shat greai
leader and statesman. The following extract.
may suggest the general lone of TIE speech:
FellOw-cltiEens, there is one polar star in all
/ cur calsnisies that can guide and direct us-the
| Constitution Of our country. Thst Constitution
is not alone youT wisdom, or the wisdom Of our
fathers Of 1857, bat It is tho concentrated Wis
/ dom Of centuries, Of time and Of experience;
/ and the only mode By which we can preserve
Sad maintsin car liberties and our Independence
/ is 70 stand by Il. Adherence 70 il vii give US
strength and efzeieBeyi departure from is, as 6
| Necessary consequences viii bring evil upon our
( cause and upon our country. Il is our ark Of
/ safety, il is the embodiment of all those great
( principles which have shielded Hbsrty ia al
eyes Of tho world. By this chart we must seek
to de.ermiRe where lay the dividing line babWeen
the ciVil srd military authority Of this country,
aud when iris is dons It will be found that the
military should be subordinate 10 the civil sa-
thoTity. Liberty is always endangered ia civil,
snd Indeed ia eli laws, by the sesiTity OF the
military authority. Again sndassin has liberty
been wrecked aud Loss in the struEgls-whils
Gitel lLtt cIlg security Lu1 nDCftJf ~ u
ever danger and monsee TO It.
Oar ancestors, whose suGsTings were greater
than oUrs-I mean than those Of the people Of
GeoTgis thsegh not greater, perhaps, than those
CT some Of tAs ether SiRtsg--proVided agains.
such eBaToschnents, aud during the whoe-seven
y0sTs Of thsir weT with Great Bdtain, main.
tanned the supremacy Of ths civil over the mill |
tLy SUIhcrity, and il will now be found that |
car CsIstifgtion, which has sometimes been e. I
rOReousIy termed a poscs Constitution, (tOT it |
was mado in war and for war as well es peaea,) /
wi.l be adequate to every emergency which I
may arise, whether il peace or in war, whether /
II cur day er in future times. This Consultation
is ths lie of the nsti0n. Preserve il and you /
mast ssHsueT; destroy il, and yen may gaia /
Independence, but you viii lsse liberty. 1t is i
Becssssry that yen shculd give it your earnest !
and loyal support for it has in itself al Eeees-
sary means Of peaceful, aud tie successful re-
sisiSuce TO al eneroaehDeBts upon your ughtG,
either fem WisEin or without Ii lave ct the
feet of the Confederate Government every drop
OF the blood and every cent Of the wealth Of the
peaPie-dedicates il TO the public veal. Il only
limits the mode OF raising and applying both to
Ta0 Consdtu;ion ordains that the persons,
houses, papers and effects Of al peTsons shall
De projected against unreasonable search and
seizure, except upon affidavit aad pr5hsble
csHz=, except persons in the military service Of
ths CoatedeTseyi that no 1asn shall be deprived
oi ms life, liberty or property, except BY due
process Of lswi tnat private property shall not
De taken sven for public use, without Just Gem
pensGtion. La these, and in numerous Ciner
eisuses Of ths Consultation, you viii fad the
nights Of the ps0ple fenced sbeuI and defended
By ample guarantees. The grant of military
power Is liberal and large, and should be large.
Eas Constitution so designed it, at The same
Liuls tbst il prescribed the rules ard regulations
under which the power is to be eEsYeised and
Bub0riinatss is 70 the civil sathoTity of the
ceuDby. The Constitution grants full power te
Congress TO pass rules and regulations for the
government Of the land and naval forces, in
ending the miits, when il actual service Of the
Confederate States
This grant is bread and comprehensive, but
expressly only persons IN tie mil
itaIy sorVIcs Of thO country, and gives nc power
10 govern any ether citzsn Of the country. This
is laW-uliliary Unconstitutional military
av. 1t marks out plaialy the dividing line be-
tween civil s1d military law and tke persons
su1ject to the law. This is not marital law.
nat Is term unknowa TO G3veTamsnts. Mar
isl law means the sbEogsti0R Of sll lsE-the | I
OF ell constitutions, and ths GUbstiIa
ioH ia their stead, Of military orders, the sub
hiution Of provost msIshss ia lieu Of justices, /
heTiifI, judges and jgriss Let these instra-
OF despoEissl cRSse n the CoRfedeT- ,
te States. The power 70 take private property
or public use, is imBlisdly granted il tho Con i
tsuti9n, but in the same clause, juss compenss-
ion is expressly provided to &c paid. Even !
hus limited, it was granted aud intended 10 be
sed, as fully appears by the Constitution itself
My IN temporary and pressing emergencies,
I'D when the ordinary power Of supporting :
rlnies" by the constitutional mode Of raising /,
money by taxation, ard purchasing ard furnish ,
sg supplies. could NOT be made available.