New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-10-20
pose contribution for National Government was framed

means for seprecrvaon and the vigorous exercise Of
people Of tho several States had plainly set before them while
was under consiic ration the example and experience Of
customs and political institutions mainly drved aud
they wei knew that The contest which conynsed that nation
or four centuries with great alterations OF triumph ard de-
feat vital and preeminen inmeasuraby above all Others
related to the power Of the the personal liberty Of
lshed IN England the monarch camed and often exercised
the power Of arbitrary arre. end imprsonmen and during
Judges that "ahough the King could make no laws but by
common consent IN Parliament yet in time Of war sy reason
he aseth absolute powep 20 that Ii. word law Indeed
was asserted even Parliament on behalf Of Elizabeth hat
power BY her prcrosatve size might liberty what
restrained by statute or otlefwe and by her preroesve ss
prosatve was not to be canvaed disputed nor cram
med and DID not even admit Of limitations and that aosou,s
divinity 1t shown from indisputablo authority that a,
least during the Tudor dynasty whenever there was any In
law md was during that time exercised only the
soldiers but oyer the whole people Any one might os pm
Provost Marshal Lieutenant Of county their deputies
pleased to suspect This power YVES empioyedby queen
defense Of the new and ssr the Of the northern
rebellion, which ag',aed the Kingdom during portion
Earl Of because she bad not heard Of hs having
any criminals by martial law In 1881, when there was no re-
martial law and empowered the Ccmincners to execute
In should be thought BY their discretion most
exercise Of despoc power during the reign Of Elizabeth
But the more general knowledge and the progress
ton Of printing aud tho discovery Of tho Western Hsms
pierre aroused the sense Of their de6ssed condition
and the vndcaon Of their ancient rights end her successor
James l., found hi, claims Of Divine right and UNLIMITED
pr.ICsavc frequently disputed was not soses
son, that any Organized resistance was made to these
claims. But above every other inviduous claim
o abo tI ds tie deGas II
Parliament while the Committee wcro engaged IN aiming the
rsH 81 @ the sse 70 Ss e z @ and 'y1
ITO bere.ve Il hi i'- condemned by any legal
trial. Il was con,c led 'is eycyions exerci,e Of
tyranny tia, must 1t once shock the natural humanity Of
princes, And convey an alarm through ne wh9e common
wealth" To coghoste mans fortune, beside being most
imPuailon Of ayT!ce and rapaciy ilat y VIII seldom os
T s'ls o s Tse p Sas nor
there any p cree, AID Independent a. not 20 be hfofen
by the long continuance Of the en, and mysterious .ueiin
Of prison" The power Of imprisonment therefore Il
wa. maintained being tho most natural snd potent
s sr % sso1y pwe, whs FREE nd lea. These
pnepe' gu vLch ,he &C, Known y ne nams q tae Fsen
olRsL and Which ha' been called The Second uI,; ,hhss
Of the liberties Of England, ratified ~ the Ming lie
tin. smny bound himself among other things ne,-f Asan
imph'on any per,on sIeeIin due course 81 ,M ana nx
again subec, civilians 20 The inrdicon Of Courts NsrL
How .hamcuy he violated this SOLEMN covena' and how is
nonnouy he forfeited h. life and h crown {. 'Ls seo..
snd no., history H sens and 'sees
Chrrlc H. and James H. particularly the latter iuda.I
n 10 o. f,rsfu OF fate Il their sher did not he4fe
when n occasion seemed to rerui. 70 violate ne rg, Of
ther subjects, until james length inindsisd by ne lnis
.vsd himself from the death which he deserved BY ,aey
fsh, ard eudsd h, wicked and din,eeai earsf As pen
favor Of the bai md Lrrnts1 criminal from sroi
sry inpr.oEmsn, under any P'e'fn'e ana 10
eple po,c 10 BE- inder,.o OF evs1sd cefvcn
a '.usa hs assa,,oa Of Ish. esore We .swn W.. o.
ily a,esp'sd Tho r.nepe. which The cen',nisn ,ssi
consent Of tho representatives u the nation be continues
legislative soi cood b. passed no tar imposed no te,as
be I'D
day By Dc sr6r,Ty WIN Of the sovereign that no sgbor
dila,s eouli ped tie royal command .. justice
.ss, i'' were s'Is .a bs By Wig nd Tc1s,
10 DO fundAn laws o. the realm b. es.pesis mon
qu.nily di,rssrded ,ho.s laws The Dsesfssa q Rsh
n: as on s Pis TTs h
psr'oni hosIiy wihsa, som. order y ffsssY' ei rro
nsv,r been rrs,sl isd .sss BE psearsG q Right 20
claimed Nd Ls al, Na,iny As, va. ia'',S s,. sAy but
q rS, AID nay ss,. .H, u :. Il h, raap.
Crs, a.. Gould q co. and ry,sra,sd by Tie coasi that
sShri.sI b. ;ss aalny hss aud he Article. Of war
.hsh have eo,nasiee ony over TIE Airy and h,,vy.
M IA. Z a e. as Ten t. .,s is'
ou The AuiiHy and the Articles Ct War Se the Mi
aas. 'Ias Sysly e. eS y lave nd Asa
rr0vdc ~ Haa Tor the tis Of military offender,
ssy s , Ss'.,a .as Which & s. S sas
rons,u,ousl Ooycsris euly within The Ssaee.e thea
Ia Of var ca ia..sresen unIsub,edY ceea'an'
ND n. q hsbe:s sosyrs Ia, .s,cnesd bs with
. \, ID. eor..r, Of Psflinen,
Row ish pe.sble TIA, The pass,se. hieh have
snoJ IN tie csn,tig,iona history q Ensand ard al the
soemn and saiaaTy warnings which they convey we. not
ensrsvsn The Minds q ihe ensh,nsd who had the
pusir Asc 10 tho formation aud adoI;on q the grcien,
tobs, son 81 ls ut,ed States o. Amofgal Cen Dc sup
s 'sI e. NJ r, ,"y 4 "a :SsA S % et
.hcs would svr teen tolerated by ,hose menf u they IN
tended hat c,so.sp oah -is' under any emergency
,Aoy would not leave 70 tho Chat Executive 70 assue
when he IN hs disSfs'ea declare neeeiy rGni'ec ~
bot wopi q, sas, provide s.t hs rccrs,y should b Dc
fgI
Rome ,h. the lsS,i'e power sere ,scpi ese he pssen
ss. sSs on fSs fopo.sn csa ss
BY any cou no such inquiry snie under the ton.iie
,y (. tho gel States Il doe. reach to the proportions
m iii. Lowsvsr maintained the Pre.ier, doe, not 20,
III. military capacity Commander In Eicf OF the Army aud
Nssy ofEe uai,ed States commander Of army has. q
coure within hs .pheTo Of II. military operation. .:aiu,
enemy oil power Necessary 20 insure hcT success o.ne,.
.tsoy ali properly which caysed any obstacle. his opera
oa. ssas, bragg, and he discovered any plot. to nsr
ny ina ., % AID Or eoSi he Would ND ss
10 try the oaea4e' whether civilians or oldeTi by eo1r
nan Cincinnati hss eorrv.pondenee with DrSs
yns him nissen's Of " Rn' , ?, moi''I,n' ss
glnnsu, brought within his lines, snd uied ty
court aris l.. asn 4, indeed s%Padds ,. As
-a bot he l. 10 be tried by civil tribunal according To Tie
roprse practice Of established law appointment
dcnen u grand jury lila case has not arisen IN the and
nayafoe. OF 10 te militia when in actual service in time
u public danger see sh smendmsn Of The Con',a
on Although u nissd Affects tho operations OF certain
por lon ofthc sad forces u IL not military bat elN. u!
rne Neither the Commander IN Chief o'iho Army
extend martial law beyond the sphere Of military oiefasons
fhe this power IN tine 81 war or nsuretion over
DC whole extent q The nation Whether wthn c thea,e,
n military operations net tie political nsulul.ons and
avs Of tho land would BE- entirely OF hls mercy a
whsky instruction IN Wcaiosn foansJi, MIA won.d
authorize him abTosstc the law ol liberty la Masarla,ctis
pf az otLeE staic Mafiiiaw woud extend AZ tho m-fe
,ra.ue Of the CommandsIin Chief over tho whole length
nd breadth Of tho land IL Ia beyond controversy a. W. hAsr
seen that this power does bot vest la M Lincoln tfc
dent but as military commander lie eau possess no greater
than n he PIrsldeui and was merely Com
Cicf Of Army and Navy Suppose the ton,i