Santa Fe gazette. [volume] (Santa Fe, N.M.) 1859-1864, 1864-05-14
(NUNIBER 4s NEW SERIES }


onists but yesterday walked in the same
paths, gathered around tho same fresids,
worshipped at the same altar; there is no
means of separating friend from foe, except
by the single test Of loyalty, or hostility to
the government.
Marks or HOSTILITY.
1t is sentiment Of hostility whicA in
time of war seeks to overthrow the gov.
eminent, to cripple its powers Of self deten.
&C, to destroy OF depreciats its resources,
10 undermine confidence in its capacity or
It's integrity, to diminish, demoralize or
destroy its armies, to break down conddel.
ce 10 those who are intrusted with ita nj
litary operations in the field
He is public enemy who aceks falsely
to eIalt the motives, character, and capa.
city Of armed traitors, to magnify their re-
sources, to encourage their efforts by SOW
ing dissensions nt hcme, and inviting in
tSyyention Of foreign powers in our affairs,
by ovouuting the success, increasing tho
confidence, and strengthening the hopes Of
our adversary, and by undertaking, diml
nisbng, and weakening our own, seeking
false causes Of complaint against our gov.
ernmcnt and its officers, sowing seeds OF
discussion and party spirit among ounrelTes,
and by mauy other ways giving aid and
comfort to The enemy-sid more valuable
to them thon many regiments Of soldiers or
many million Of dollars.
All these ways and means Of aiding a
pubIic enemy ought to be prevented or pun.
ished But the connexions between citiz'
cns residing in different sections Of the co.
nntry are so intimate, the divisions of opi-
nion on political or military questions are
so numerous, the balance Of affection, Of
interest, and of loyalty iss nice in many
instances that civil war, like that which
darkens the United States, is fraught with
| peculiar dangers requires unusual precau-
tions, and warrants and demands The most
thorough aud hesitating measures for prev.
entng acts Of hostility, and for tho accuri.
ty Of public safety
WHO OUGHT AND WHO OUGHT NOT TO DE AR.
RESTED.
All persons who aot Bs public enemies,
and all who by word or deed give reasoAA.
Bile cause to believe that they intend to act
as such, may lawfully be arrested and de.
tanned by military authority for the purpo.
sc of preventing the consequences Of their
acts, ...I........
No person in loyal States can rightfulIy
be captured or detained unless he has engag-
ed, or there is reasonable cause to believe
he intends to engage, in acts of hostility
to the Ulted States--that is to say, Ia
acts which may tend to impede or embay.
rass the United States In such military
proceedings as the commander in chief may
see fit to institute.
INSTANCES OF ACTS or HOSTILITY
Among hostile proceedings, in addition
to those already suggested, and which jus.
tiiy military arrests may be mentioned con.
traband trade with hostile districts Or
, commercial intercourse with them, forbid.
den by statutes or by military orders; (See
acts June l3, 1861; May 20, 1859, and
1 March u, 1868, aiding the enemy by fur
, nishiag them with Information which may
be useful to them; correspondence with fer
eign authorities with view to impede or
nlayorably affect the negotiations or in.
forests of the government; (See act Febru'
I ary u, 1868, cb. CO., entcing soldiers or
, sailors to dcSertion; prevention of enlist
! mcnts; obstruction to officers whose duty
it is to ascertain the names of persons ia-
, blo to do military duty, and to enrol them;
, resistance to the draft, to the organization
or to the movements of the soldiers; aiding
or assisting persons to escape from their mi
; litary dnty, by concealing them ID the CO.
untry or transporting them away from it.
NECESSITY OF POWER TO ARREST THOSE WHO
RESIST DRAFT. I..... .ri
The creation and organization of an army
is tho foundation Of all power TO suppres'
; rebellion or rebel invasion, to execute The
} laws and to'support the Constitution When
: they are assailed.
Without the power to capture or arrest
: those who oppose the draft no army can be
raised The necessity Of such arrests Is
recognized by Congress in the 18th chapter
5 of The act of March g. 1868, for "enroilius
The forces Of The United States and for 9th
y er purposes" which provides for the drres
r and punishment Of those who oppose th,
. draft. This provision is an essential par
i of the general system for raising an aim!
embodied in that statute, .a. q. .aa
J. Those citizens who are secretly hostil
# to the Union may attempt to prevent th
+ board Of enrolment from proceeding wit
l. the draft, or may refuse, when drafted, t
. enter the service. .l.rl ...9
y Military power is called on to aid tn
/, proceedings by which the army is created
i If the Judiciary only is relied on, then rails
% ing the army must depend at last on tn,
n physical force which the iadicisry ca
.. bring forward to enforce its mandates; AM
m 50, il the posse comitatus is not able t
n overpower those opposed to draft, the draf