Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1863-01-21
NEW SERIES-VOlIlI.-NO 81.

orticS under their immediate control.
would give TO the Commander of .hc Ar,
my Of the United States this despoiic pow,
cr; q power which the crown of Great
britain has not Uoen permitted to exercise
for nearly two centuries.
The measure Of power 10 be exercised
under our government is fixed by the
Constitution. To make the maXims OF
other governments or the usages of other
nations the rule here, would give sanction
to every outrage, tyranny and wrong 1t
would undo what was done ky our fathers
who formed our government. 1t makes
the practices of despotism or the princi-
pies OF monarchy higher authorities than
the written Constitution of our Rcpublic.
The unlimited, uncontrolled despolic pow.
er claimed under martial law is Of itself a
reason why it cannot be admitted. The
fact that il is inconsistent with the pur,
/ poses, spirit, and genius olour institutions,
is conclusive against the claim set up for
its control over an extent Of country and
a diversity Of interests which never exist,
ed in the despoli2ms or monarchcal goy~
ernmeIts from which the precedents are
drawn to justify it,
New York and other States consented
to make up the General Government only
upon the assurance that the original Cons
stttution should be SO amended rs to Sc
cure more perfectly the rights Of States
and citizens. These articles were added
10y the unanimous vote Of the States:
Article 4. "The right Of tho people to be Sc
cure in tn lr persons, houses, papers ami effects,
against unreasonable searches and seizures, shall
| hpf hR OF ,,,l,
| bu upon probable causes, supported by oath or
affirmation, and particularly describing the place
W be searched and the person or thing to DO seiz-
cd"
ARTICLE B. ono person shall be held to answer
! FOR capital or otherwise infamous crime, unless
on u presentmont or Indictment Of grand Jury,
except IN cases arising in the land OF naya! for
| ccs, or IN the militia when in actual service in
time Of war or public danger nor
be deprived Of life, liberty or property, without
due process Of law"
The want of these restraints in the ori-
gnal instrument endangered its adoption.
They were inserted to satisfy the public
demand. We are now told that they are
OF no avail, in any part Of our country,
when tho Executive shall see tit to declare
| there IS . war or iusuwectlon in any sec
ton Of this land
uSGhtR'eien,inne orA in "nntr.ii"iinr e
to their settled lgsssaH cIf9gGats" i,"a6y dTlgF@
enccs Of construction be- possible, our Cons
stitution provides for their determination.
| These questions will be carried before the
proper judicial tribunals. If the theory
of martial law is upheld by them, we will
submit, and have the Constitution amend
ed. iii is held to be uu!ounded, it must
be given up,
So sacred did cur fathers hold constitu
tional rights, that they placed them be-
you'd reach even Of majority Of our peo~
pie. Written constitutions are made not
only to carry out the wishes, but also to
restrain the power OF majorities, and to
uphold anG protect the rights Of minori.
| ties. They give the humblest citizen the
right of religious freedom against the
whole power Of our people. No matter
how large a majority may be, il must not
interfere with rights Of persons, OF proper
| ty, or Of conscience.
The President himself holds his place
not by the will OF the majority but by yir-
tue Of the provisions Of the Constitution,
which places him in Office by the votes OF
| 100000, against the votes OF about ..
| 600, 600, who did not agree among them
selves as to opposing candidates. lie con-
tnues righttuliy to hold his Office, al,ho'
the popular majorities, even in the States
which placed him there, have in the re-
cent elections declared themselves politi-
cally opposed to his administration. The
majority are still bound to respect his
constitutional rights, 60 uphold his pow
e.s, and to sustain his acts done within
the limits of rightlul authority.
The rights of States were reserved and
tho powers of tho General Government
were limited, to protect the people in theil
persons, property and conSciences, in time
of danger aud civil commotion. There is
little 10 fear in periods Of peace and pros.
Ipelity. If we are not protected when
there are popular eXctemcHts and con.
lvulsions, our Government is q failure. /
Presidential Procamalious are above tho
decisions of the Courts and the restraints
Iof the Constitution, then the Constitution
is mockory II it has not the authority
to keep the Executive within its restraint,
then it cannot esLrail States within tho
Union. Those who hold that there is NJ
IsanctitY in tho Constitution, mus equally
hold that there is no guilt IN zoe r. 1nl,oa
, We cannot be silent and ALLOW ..y
practices to become prooejcuts. N'.. tr
As much in violation ot on. Con.Nu3 .u
, as the rebellion itself. and Lore dua BE-. i
TO our liberties. They hold on, D.. .'.
. executive every temptation yf ama.t.,n =.
make and proiong the war, The, ..e'
! syodc power as price Tor preTphlH.
, peace. Trey are Inducements g. each ad