Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1863-01-17

-
suited our people and invaded our rights
Against these wrongs and outrages the
people of the state OF New York, at its late
election, solemnly protested
The submission Of our people to these
abuses, for time only, was mistaken at
home aud abroad for an Indifference to
their liberties. But it was only in spirit
of respect for our institutions that they
could express their will in the manner
pointed out by our laws. At the late cleo.
ton they vindicated at once their regard
for law and their love of liberty. Amid
all the confusion Of civil war, they caInly
sat in judgment upon the administration,
voting against its candidates. Nor was
this the only striking proof Of the respect
for the Constitution The minority. of
nearly equal numbers, yielded to this de-
ciSion without resistance, although the can
vass was animated by strong partisan ex
elements This calm assertion of rights,
and this honorable submission to the ver-
dict OF the ballot box, vindicated at once
the character Of cur people and the stabili-
ty Of our institutions. Had the secession
i4ts Of the South thus yielded to constitu-
iional 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.
The claim of power under martial law
is not only destructive of the right Of states,
but itsoverthrows the legislative and judi
cial departments Of the general govern
ment. 1t asserts for the President more
power as the head oil the army than as a
representative ruler of the people. This
clailu has brought discredit upon us in the
eyes of the world. 1t has strengthened
the hopes of the rebellion. 1t has weak.
ened the confidence of loyal states. 1t
tends to destroy the value of our govern
ment in the minds Of our people. 1t leads
to discord and discomfort at the North =,
while it has united and invigorated the
South.
If there is necessity which justiies
that policy, let US openly and honestly say
there Is a necessity which jusiies revo-
luton. But this pretension is not put
forth as a necessity which overleaps for a
time all restraints, and which is justified
by great exigency it is a theory which
exalts the military power of the the Prcsl'
dent above his civil and constitutional right
It asserts that he may in his discresion
declare war, and then extinguish the state
and national constitutions by drawing the
pail of martial law er our vast country,
"Mar,al law defines itself to be a law
where warsis. 1t limits its own jurisdic'
tion by its very term. But this new and
strange doctriGc holds that the loyal north
lost their constitutional rights when the
South rebelled, and all are now governed
by military dictation, Loyalty is thus
less secutc than rebellion. for it stands
without means to resist outrages or to re-
sent tyranny. Amid all the horros that
have been enacted under martial law in
the history of the world, and amid all tho
justiications attempted of its usuages, it
was never before held that it could be ex-
tended over peaceful states. 1t was never
before claimed that the power ola military
commander was superior to the poowers
Of government.
More than two centuries since, that
bold defender of English liberty, that hon
est and independent Judge, Lord Coke,
declared: "Where courts of law are open,
martial law canpot be executed and also
that "the power that is above the law is
unfit for the king to ask or US to grant.
Are English laws more sacred, or is Eng
lish liberty more secure than ours y
1t was one of the causes set forth in the
Declaration of Independence for rcnounc
ing allegiance to the King of England
''that he has affected to render the mill
tary independent of, aud superior of the
civil power Daring the strugg ge for
national life, although surrounded by enc
mics, spies, aud nformcrs, who upheld the
pretentions Of the crown. Washington
never declared martial law or claimed the
right under any circumstances to make The
military superior to the civil authority
Ol the contrary, he was most deferentlal
to the latter, The feeling of the father;
on the subject can best be learned by the
constitutions, which were formed by the
men who established our national govern
ment; all Of them had provisions iucon
sistent with this new aud monstrous pre-
tontions.
Massachusetts,, New Hampshire, Con
necticut, Delaware, Pennsylvania, Md.
| North Carolina aud Sodth Carolina, eigh
of the twelve states which originally made
up our Union, explicitly declared that th'
military power should in all eases and al
all times be held in exact subordnaton tc
the civil authority, and be governed by it
this was expressed in each constitution il
terms almost identical, 1t is incredible
that a people who held these views, ant
who TINS restrained state authorities under
their immediate control, would give to the
commander of the army of the United
States this despotic power power whiet
the crown of Great Britain has not beer
permitted 10 exercise for nearly two cen
tures. The measure Of power to be excr
cised under our government is fixed by 'h'
Constitution. 10 make the maxims o
/ othor ooyo,n,nonts nf tha t,suooas Of otbni