The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1863-07-10

isxs tl;rer, Variance With --rrrtisff INV IS
a-law of any aatl,ori,yaoyer the people,
with defere nee 90 Mr.. seassra; switlfde.
fesence to Afr StaAfos,, witlr deferehce1to
Gem Burnside, with deferenee 70 Gen.
HsNeck, and with Difference to sometre-
rpectable people in our own vicinity, 4
beg leave to give you the true definition
Of mar,ial1aw. 20 3. .@atasz4 10 'la
Sir Mathew Hale was oneofshe ablest,
perhaps the purest,z of the JUICES of the
Common law. I was told the other day
when I quoted him that7he was dead Tong
ago and Ithink that Is just what's the
matter. All the great men are dead -
Here IS what be says of martial law;
"But touching this business Of martial
law, these things are to be observed /:
First. that in truth and reality, it is not a
law but something induieeI rather than
allowed as afiaw; the necessity Of govern
ment order. and discipline in an army is
that only which can give those laws a
countenaace. Second. that tbi, INDUCED
law was only to extend to members of the
army, or TO those Of the opposite army.
and never was 90 much INDUCED az in
tended to be executed or exercised upon
others for others who were not listed
under the army had no color Of reason to
be bound by military constitutions arpIi-
cable onl " to the army, whereof they were
not parts but they were to be ordered and
governed according 70 the laws to which
they were subject, though it were time
OF war" -5ts = 7a CT cFa-.r
6 And this president Of the United States
:his creature of the constitutions; this eff
Ger of delegated powers who possesses
not ore jot or title of Iiehtfd power be-
vond what this instrument delegates to
him; this limited officer he undertakes
TO extend bv his proclamation this despo-
tism Of martial law, which in his letter to
the Albany committee he admits to be a
mere law Of brute force -av f
There has been time in Amer lean his
tory when no man would have dared to
attempt that; when no man woald be
tolerated in saying that. Has not the
spirit OF our fathers desce nded TO US with
their blood (! Are we tame slaves rather
IMAM UOi'i anu losoiute iTtc'BSu mere
was time when the greatest man who
ever sat in the presidential chair would
not have dared to utter such sentence
Of death to the free lon of the American
people Not Washington, not Jefferson,
not Jackson, would have dared this
There are things which wise men dare
not, but foo's dare There are places and
times when fools rush in where angels
fear to tread an without. doubt in
my own mind that before Abraham lin
coin, no president OF the Unite,l States
would ever dared utter that proclamation.
No one would have been foohardv
enough.
Such is my first item of evidence
to prove this conspiracy to establish
military despotism, sni,jecting the Ame,-
can people, people who have guaran-
t,ed their own freedom by this written
constellation and its irrevocable provisions
.of personal right and pablo liberty, to
the cruel despotism of camp, the brute
law Of force.
Under TIE constitution martial law re,
tfers only to the Army and Navy, while
1t has no relation to ci,iz1n in time of
peace or war. Elsewhere it is expressly
prohibited by the guarantees Of this cons
vitntinn.
On the subject Of the proclamation 90
one step further. If there ever was a
Congress perfectly plastic in the hands
of an administration, wiling to do the
dirty work, willing to execute the dirty
bidding Of the administration, it was the
last congress. see my friend Mr.
Eldridge sitting here seemingly verv
proud Of being member of congress. |
do not envy him. The last congress
abolished the honor. If there ever was
legislature on the face of the earth that
was meanlv, contemptiblv, crinoing|y
plastic in the hands Of It's master it was
the last congress. Bat it could not stand
that proclamation Of martial law a., The
trial Of political fences by military
courts. 50 IL pro7;lei at its last session
what is virtual repeal Of the procIama-
ton AS shall read to you "Tha, the
Secretary of State and the Secretary of
War, be and they are hereby directed as
soon As may be practicable to furnish to
the Judges Of the Circuit aud District
Courts of the United States aaI of the
Gsis.re: Of Columbia, list Of the names
of all persons, citizens Of states in which
tthe administration Of the laws has continu.
: ed unimparel in the said Federal Courts.
who are now or NAV hereafter be held as
prisoners Of the United States by order
or authority Of the president Of tie y. S.,
Z or either OF said Secretaries, in any fert.
arsenal, OF other Place, as otate, or politi-
cal prisoners or otherwise than as
prisoner Of war. The said list 10 contain
the names Of all those who reside 10 the
respective Jurisdictions Of said Judges or
who may be deemed by the said secretaries
or either of them, 20 have violated any
law Of the United States in any of The
said jurisdictions. and also tie date OF
said arrest; the secretary OF state TO fnrn
ish a list Of such persons IA are imprison-
ed by the order or authority Of The Piesi-
den. acting through the state department
and the secretary Of war list of such a.
are imprisoned by order or authority Of
the president acting through the Depart
~,opk nf Wa -,