The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-03-25
Aashrille SIMON.
Published BY an Association Of Printers.
office on Printers Alley, between
Onion ind Deaderick streets.
WEDNESDAY MORNING, MARCH rs, 'sa
Martial Law and Arbitrary Arrests
Opinion OF Chief JuGtice runcy.

Martial Law and Arbitrary Arrests
Opinion OF ChIef Juttice Tunoy.
In the debate in Congress upon the
subject of martial law proclaimed by
Gen. JACKSON in New Orleans, RoBT. J.
WALKER in the Senate, submitted a repUrt
upon this subject, in which he saidi
1.-THE law which justified this act was
tho great law of necessity; it was the
law of self defence. This great law Of
necessity-of defence of self, of home,
and of country--nsver was designed TO
be abroga,ed by any statute, or by any
constitution"
Mr.. PAYNE, of Alabama, speaking upon
this subject, said;
~ shall mol contend ASt the constitution
or lGDs Of the United States authorize tho
dscIaratioa Of MARTIAL lac by any authority
sclatevSr;; on The contrary, IL is ,niknolen 10
the constitution or laiss"
And speaking of the argument that if
the constitution did not authorize IL, the
General ought not to declare martial law,
he says:
"Who could tolerate this idear an
ArnoH might, bgt no patTottc american could.
may be asked Upon what principle a
commaAder can declare martial law,
when il is 20 evident that the Constitution
or laws afford him no authority 10 do so
I answer upon the principle Of self-de-
| fence, schich rises paramount to all eoritten
lao and the justification of the officer
who assumes the responsibility OF acting
on that principle, must rest upon he ne
cessity ofbte case" I
Mr. LIVINGSTON, in written document
submitted by JACKSON to the court, gave
his opinion as follows;
"0n the nature and effect of the proc
lamation Of martial law by Major Gener-
al jackson, my opinion Is Gst srIch proola-
nation IS UNKNOWN to the constitution and
laws of the United States: hat 10 is only
justified blythe necessities Of the case" &c.
| During the Rhode Island trouble, the
State Government proclaimed martial
law throughout the State. A house was
broke open to make an arrest without
warrant, under martial law; and subse-
quenuy an action Of trespass was COM
menced to try the legality of the act. II
was taken to the Supreme Court of tht
U. s., and is reported Luther vs., Borden
z; Howard l.
II is TO be borne in mind, that this case
presented the precise qsestion for the
determination Of the highest csurt In the
land, The case was not tho suspension
Of the habeas corpus, buti. was for tres.
pass, by breaking into hSuses withou
warrant, which was clearly illegal unless
the existence of martial law could b.
recognized as affording a defence,
Chief Justice fancy says:
Unquestionably State may use i'll
military power TO put DOWN an armed
insurrsction toe strong 10 be CONTROLLED
by the civil authority. The potoer is es
sential to He existence ofdny Government, es
ssntial to the presarvation Of order anC
free institutions, and il is as necessary
To the States OF this Union as TO any
other Government. Tn State itself mus
letsrnliRs lclat degree Of force the cr1isis DO
niands: and If the State of Rhode lslanC
deemed the armed opposition so formida
BILE and SO ramiiied throughout the Stat
, as TO require the use Of its military force
, and declaration of martial law, we SCI
I no ground upon which this Court car
question its authority. twas a state o
, war and the established Government re
sorted TO the rights aud usages OF war 4
\ maintain itself and TO overcome tho un
[. lawful opposition. And in that stat
Of things the sflcsrs engaged in its mill
tAry service, misht lawfully arrest any
one who, from the Information befor
then, they had reasonable grounds to be
lieye, was engaged in the insurrectio1
and might order house TO be forcibl
entered and searched, when there wer,
reasonable grounds for surprising b.
} might be there concealed. Without n
p0toer to do his, martial lac and the aihtar
array Of he Government 'ootlla BE- mere par
: ade, and rather encourage attach han rep
~
We have not quoted this opinion {
Jnstiee fancy, because we think thu
the principle Of se!f.prcserpatioa require
Judicial authority to defend il, but I
shut the mouths Of the miserable fac
iionists who are forever approaching th
Administration with disregsrding N
writ Of AaIeas corpus In the case Of
few traitors.
: SINGULAR EFFecr or GHEF.-A youu
lady reading in the "Prisonor Of Chill
lion, to another came 10 the part wher
the prisoners hair was changed gradual
ly from dark TO white, when she was in
terrupted with;
a. White how odd, to be surei We