, 1863-06-22

stitution confers no power On Congress or
any Legislative body, or on the
courts, to punish for contempt,
and yet it will be admitted as Inherent in
both. 4 judge for words spoken or acts
done, deemed BY him derogatory to the
dignity, or subyersive Of the order Of his
court, may arbitrarily, without process or
jury, fine and imprison the offender
without linaits-for one year OF tiye-in
one thousand dollars or ten, and from such
judgment there is no appeal. The accused
might plead the constitutional guarantees
Of freedom Of speech, presentment, and
tial BY jury; it would be Of no avail. The
Judge would tell him the power to punish
for contempt is inherent in courts, and
the creation Of the court clothed it with
this power, which is indispensable to its
existence and the execution Of it's duties,
and these constitutional provisions have no
application to such cases-that it il q
power above, beyond, and outside the
Constitution, and necessary to maintain
and preserve the Constitution.
Those who affirm the legality Of Gen.
Bu1naide's order, do 80 upon similar
grounds. 1t is said, the Judicial and mill
ta1y are co ordinate, independent branches
ofthe Government, and in time of war, the
court can no more interfere with military
order, than can the military with Judicial.
Each is judge Of its own jurisdiction, and
when the powers inherent in it, or con-
ter7ed On it by law, shall be exercised.
Gen. Burnside, it is said, has ample
power to punish contcmpts or crimes,
against the dignity or discipline Of his
troops, Us has any court against its dignity
or order: Suppose portion Of his army
were marching through Chicago, and halts
for some purpose and Mr.. Storey should
mount a wagon and ha7angue the SOL
dicrs, denouncing the war as unholy, their
officers IS tyrants, and their orders as un-
constitutional and Of no authority; does
any sane man doubt that the General has
power to arrest and punish him? But If
he be excluded from access to the soldiers.
and not permitted to deliver his speeches
IN their presence, and he publishes and
distributes them from day to day, clandes-
timely, or otherwise, through ali the camps
in the department, breeding discomfort, de-
scrtion and mutiny-is there no power to
abate the nuisance, and stop the mischief
at its sourceP Again, suppose the Rich
mond Eraminer should be moved to Chi
cago to supcrcede the rebel organ. Free
dom Of the press and speech are guaran-
teed by The Constitution; the civil powers
can do nothing. If Gen. Burnside could
not suppress it, it must remain, to stir up
civil war, and cover the State with fire and
blood. Can it be that a General, who Is
sct to protect the lives, property, courts
and constitution Of whole people, has
80 much less power to punish offences
against the order and discipline Of lis
army, than the Judge Of court? It is
said there is no law defining military Of. |
fences. Neither is there any law defining
what shall and shall not be contempt Of |
the court The only law is the arbitrary
Judgment and will Of the Judge. It's ad-
United such power exists within the imme-
dlate lines Of q military commander, but |
not out Of them. 1t is answered that
courts have punished contempts committed
out of their precincts, and military COM
manders may do the same. But the
more satisfactory answer is, that the lines
OF military commander extend through
out his department. He is charged with
the defense Of the whole Of it, and he is |
the sole judge Of what means are requisite
for its defense. Gen. Burnside has camps
in various places in Indiana and Illinois
Us well as in Kentucky. Is he, or Judge,
to determine what measures are necessary
to preserve the discipline and efficiency Of |
his soldierss What measures are ncccs-
sery to defend every part Of his dcpart~
ment against the foe? It may not be as
z'n'nediatcty disastrous to counsel disobcdi-
cnce to officers, destroy discipline and en-
courage descrtion in camps Butler and
Douglas, as in the face Of an enemy. but
the ultimate effect must be tue same-dis-
cord, mutiny and the dissolution of the
army, and the enemy left unopposed to de-
stroy property, courts and constitution.
War is the effort Of one power to destroy
The otller-to subdue its armies, conquer
us people and deprive them Of property,
lno ese1 ytlhng that may be used to sustain
to destroy their courts and
Aaws' anu impose On them the arbitrary
will Of conqueror.
The army is rnised. On, hra,o .a,,,
left their homes, not only to enforce +ha
national laws and authority in Tennessee
but'to protect and preserve, in The st.ta,
they Left, the institutions, courts and con.
stitution Of the general government. Tic
enemy Is putting forth all lis force to de-
s1oy them. and would do so, but for the
protection afforded by tue military power,
It is only by the protection Of the guns
and bayouets Of Gen. Burnside's army.
hat any court is permitted to exercise
its functions in Chicago. We're it
not for military protection, Judge
Drummond would be fugitive, and
he rebel hordes would occupy his court
ooms and overTun our State. If to pro-
ect the lives, liberties and property of citi-
ems, and to preserve the existence Of courts
nd constitutions, a temporary suspension
t some Of the rights Of the citizen is re-
uired, it is as much the duty Of a COM
lander to exercise such power as to fire
pom an approaching hostile army. When !
1e exercise Of the power is necessary and e