Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1863-01-29

while the arms Of New York thus sheltered
them against rebellion, that, without con-
sultation with its chief magistrate,
subordinate department at Washington
insulted our people and invaded our rights
Against these wrongs and outragcs the
people Of the State Of New York, at its
late election, solemnly protested.
The submission Of our people to those
abuses, for time only, was mistaken at
home aud abroad for an Indifference of
their liberties. But il was only in spirit
of respect for our institutions, that they
waited until they could express their will
in the manner pointed out by our laws.
At the late election they vipdcated at once
their regard for law and their love for lib
erty. Amidst all the confusion Of civil
war, they calmly sat in judgment upon
the Administration, voting against its
candidates. Nor was this the only stri-
king proof of respect for the Constitution.
The minority, Of nearly equal numbers,
yielded to this decision without resistance,
although the canvass was animated
with strong partisan excitement. This
calm assertion of rights, and this honora-
BILE submission of the verdict of the bal
lot-box, vindicated at once the char
acter of our people and the stability of
our institutions. Had the secessionists
of the South thus yielded TO the coDstitu-
tional decisions, they would have saved
themselves and our country from the hor-
rors of this war, and they would have
found the same remedy for every wrong
and danger.
MARTIAL LAW.
Tho claim of power under martial law
is not only destructive Of the right of
States, but it overthrows the legislative
and judicial departments Of the General
Government. 1t asserts for the President
more power rs the head of the army
than as representative ruler of the peo-
pie. This claim has brcugt discredit up
on us in the eyes of the world. 1t has
weakened the confidence OF the loyal
States. 1t tends to destroy the value of
our Government in the minds of our peo
pie. 1t leads to discord end discomfort
at the North, while it has united and in
vigorated the South,
If there is necessity which iustifes
that policy, let us openly and honestly
say there is necessity which justifes a
revolution. But this pretonsion is not
put forth as a necessity which is justified
by great exigency; it is theory which
exhats the military power Of the Presi-
dent above his civil constitutional rights.
1t assets that he may in his discretion
I loo1a,a aud tbon nVtipo,1icb hn Stot,
and National Constitutions by drawing
the pail OF martial law over our vast coun-
try.
"Martial Law" defines itself to he a
law where war is. 1t limits its own iur-
isdiction by its very term. But this new
and strange doctrine holds that the loyal
North lost their CONSTITUTIONAL rights
when the South rebelied, and all are now
governed by military dictation. Loyalty
is thus less secure than rebellion, for il
stands without means, to resist outrages
or to resent tyranny. Amidst all the jus
tificatiens attempted Of its usages, it was
never before held that it could be extended
over peaceful States. 1t was never before
claimed that the power of commands
was superior to the powers of Govern
ment.
More than two centuries since, tha
: bold defender of English liberty, that hon
: est and indedendent Judge Lord Coke
declared "Where courts of law ar
: open, "martial law cannot be executed,
and also that "the power that is abov
the law is unfit for the King to ask or IL
: to grant" Are English laws more sa
cred, or is English liberty more secur
than ours
1t was one of the causes set forth in tn
declaration of Independence, for renoun
cling allegiance to the King of England
"that he has affected to render the militia
e ry Independent of, and superior to tn
civil power" During the struggle fc
S national life, although surrounded by en-
y emies, spies and informers, who uphel
g the pretensions of the crown, Washing
L ton never declared martial law, or claim
n ed the right under any circumstances
u make the military superior to the civ
u authority On the contrary he way mo
- defercntial to the latter. The feelings
n the fathers on this subject can best
e learned by the constitutions which we
i formed by the men who established OF
d national government; all of them had pre-
: visions in consistent with this new an
$ monStrous pretension.
Massachusetts, New Hampshire, Coz
o nectcut, Delaware, Pennsylvania. Mary
s land, North Carolina and South Carol
: ma, eight of the twelve States which or
= ginally made up our Union, explicitly d.
o elared that the military power should
}, all cases and at all times be held in exa'
s subordination to the civil authority, an
IS be governed by it; this was expressed
l. each Constitution in terms almost ident
IS cal. 1t is incredible that a people VIII
o held these views, and who were jealous
n their liberties, and who thus restrainc
n State authorities under their immen
70 control, would give to the commander
/ the army of the United States this despo
ic power--a power which the crown
10 Great Britain has not been permitted
1t exercise for nearly two centuries.
% The measure of power to be exercise
l. under our government is fixed by Il
a Constitution. To make the maxims {
ID other governments or the usages of 9TH
l. natians the rule here, would gi'
al sanction to every outrage, tyranny an
l. wrong. 1t would undo what was dor
10 by our fathers who formed our govern
le ment: il makes ike practices of despotisl