The southern aegis, and Harford County intelligencer., 1863-01-16

The suppression of journals and impri-
sonment of pcrsous has been glaringly
partizan. Conscions IF these gross abuses,
an attempt has been made to shield the
vo!ators of law and suppress inquiry into
their motives. ana conduct. This attempt
will fail. Unconstitutional acts cannot be
shielded by unconstitutional laws Such
attempts will not save the guilty, while
they will bring just condemnation upon
those who try TO pcrvert the powers of
legislation to the purposes Of oppression.
TO justify such action by preccdents
drawn from the practice of Governments
where there is no retraint upon Legislative
power will be of no avail under our sys-
TEN, which restrains the Government and
protects the citizens by written constitu-
tions.
IL shall not inquire what right the
States in rebellion have forfeited but |
deny that this rebellion can suspend sim
gle right of the citizens of the loyal States.
| deuounca the doctrine that civil war in
the South takes away from the loyal North
the benefit of ono principle of civil liberty.
1t is a high crime to abduct citizen of
this State. 1t is made my duty by the
Constitution to see that the laws are Gu
forced. | shall investigate every alleged
violation Of our statutes, and see that the
offenders are brought to justice" [Sher-
ifs and District Attorneys arc admonishcd
that il is their duty to take care that ho
persons within their respective counties
arc imprisoned or carried by force beyond
their limits without due process Of legal
authority.
MARTIAL LAW.
The claim Of power under martial law
is not only destructive of the right Of
States, but it overthrows the Legislative
and judicial departments of t. General
Government. 1t asserts for tie President
more power, as the head of the army,
than as a representative ruler of the pco-
pie. This claim has brought discredit
upon us in the eyes Of the world. 1t has
strengthened the hopes of the rebellion
1t has weakened the confidence of loyal
States. 1t tends to destroy the value Of
our Government in the minds of our peo-
pie. 1t leads to discord and discomfort
at the North, while it has united and in
yigorated the South.
If there is necessity which justfes
that policy, let us openly and honestly
say there is necessity which justifes
revolution, But this pretension is not
put forth as u necessity which overeaps
for time all restraints, and which is JUS
tilted by great exigency; it is theory
which exalts the military power Of the
President above his civil and constitution
al rights. 1t asserts that he may, in his
discretion, declare war, and then cS,in-
guish the State and National Constitutions
by drawing the pail of martial law over
our vast country.
* q There is little to fear in
periods of peace and posperity. If we
are not protected when there are popular
excitement and convulsions, our Govern
ment is Il failure. If Presidential procla
nations arc above the decisions of the
courts and the restraints of the Constitu-
ton, then that Constitution is a mockery.
If it has not the authority to keep the
Executive within its restraints, then it
cannot retain States within the Union
These who hold there is no sanctty in the
Constitution, must equally hold that there
is no guilt in the rebellion.
"Wc cannot be silent and allow these
practices to become precedents. They are
as much iu violation of our Constitution
as the rebellion itself, and more dangerous
to our liberties. They hold out to the
Executive every temptation of ambition
to make and prolong war. They offer
despotic power as II price for preventing
peace. They are inducements to each ad-
ministration to produce discord and incite
armed resistance to law, by declaring that
the condition of war removes all constitu-
tional restraints. They call about the na-
tional capital hordes of urprincipled men,
who find in the wreck of their country the
opportunity to crafty avarice or ambition,
or personal or political resentments. This
theory makes the passion and ambition of
an administration autagonistic to the in
terest and happiness of the people,. 1t
makes the restoration of peace the alb
dication of more than regal authority in
the hands Of those to whom is conGded the
government of our country.
The Governor declares that the Prcsi-
den's Emancipation Proclamation is i'm.
polite, unjust and unconstitutional, calcu-
lated to create many barriers to the res.
toration of the Union, and to be miscon-
strued by the world as an abandonment of