The New York herald., 1864-07-10
N- H.n arls- rsfsrIss % ,hs f.,. !. hs Csc, 'nd

nss. ON ,a o % Saisd, acts on. tied q he de1a
an"'r s"o " vF'pe o. con order, &C. @@&
lie remhfseo toat As set might be sptlad An act
" aatio9Se tpe rnts-r~n of wrnnga;i Ito
- -, ~ ~ = Of them 60 nsie, as apls 70 Inc
sea ;. hnd be ufur,ter -pac,ed Tha, Il ssv criminal
fary cacsr Cor aas wros as.o b. slria
ss. a1ih"rp aerived from the President oi the United
on.,ne sfcnce he srgued-
L. ~ tsnot be disputed that each Of the
phhed q was trespnss ~ common lew.
:. u Congress possessed The constitutional power, by
m statutory terms 20 direct Ine dsisndants 70 com
tui "ualy delegate that power 70 the President In such
general terms as are cmpoyed in the section quoted
g. Each OF the acts complained OF In this prosecution
s rerufnant End odcus TO the common law Of lnGl.nd
and the constitution Of the United States and the Prcs
dents command 10 commit them therefore, still the
command 81 tFespasser and superior wrong door,
ard auaied Lutte vs Barreme q ospcb i1ol The siss;
thsn tho Fundamental law The plea for the orders
probably 10 bs found in the Presidents reply 10 the
dress OF the Ch.oago clergy, 1862 vZ-"As Com.
maudcr-in Chief OF the Army and Navy, in time OF
war isuppose have right 70 take any measure which
dcteucc Of usurpaiioa Ar Hall adroitly quoted from
tho republican address at Ptsbu February D. 1866,
which well Gays this hesd k asurpa,ions 10 conb.
trics processing - b. free must have the of law
Tor us support No outrage cnmrnittcd by power upon
ton The partition OF Poland Tho of the con.
stuiion OF Hungary. the destruction of Irish
enee 10. &c were coosummsted with scrupu onr ob
OF the law The effect the section
10 10 delegate 10 the Executive tic rghts 10 practically
iegslaie The exception TO an net else unlawful Con.
ilnltabic, imncasnred bonndiess wrongs. and he
10 select or create the specialties % Caeus
wrote bis laws but hung iber, h'ch they cod
be read and the citizen punished when he could
know the law But Consrsss does not specify the
law II allows the President To frame it within his
brenst, and apply offence his heen committed
Suppose Tho President sbooli by telegraph order Marshal
shoot him. suppose the Governor did resist, and
.l Inc Marshal Killed; ard was tried in Albany
A legislative body. when it clothes with legality
an act otherwise unlawful, must specify the
act. New York legislature might grant the
corporation Of this city power to legalze permit
an otherwise nuisance by specifying II. Could il
Grant such power by saying permit any susances"
When legislative body acts specifically, but makes its
eDactments csntingent beyond CONTROL
that enactment s unconstitutional because its power
York. 49e). Whom the editor Of the Louisiana Courier
published (Ffday, March 8. 1912 the famous article
latter did suppress the paper, hut upon obtaining
from the editor the name OF the writer, arrested him.
solder" Psr,ons Jackson. si4 These Seizures ms
and destruction Of May 1854 clearly the light OF
punishments IN advance Of Investigation Or trial At This
time New York was not q Damn, and none OF the
parties who were injured were soldiers. New York
10 u possession OF all her civil immuntes. The case o!
General Jackson was one occurring within war,ike lines
and in the presence Of IN enemy. 1t was Of mill.
tary necessity ,xrs.
ing fine IA Renton Abr 642 general debate on that
subject 5id and Is tbdl. Mr.. Halsthen proceeded 10
argue the war power outside OF the statute.
He said-I understand opponents TO claim hat,the
arrest and seizures made by virtue or oyerrupc
mitary necessity, because New York was at an
Integral portion OF the Union, and be claimed that this
Overriding iiary necessity" cannot occupy better
vantage eroond than ths. held by martial law that
martial law cannot operate beyond the fed Of actual
warke operations, no more 'nlsry necessity and
thar both are unconstitutional unless face enemy
OF nsurrectopsts. Luther vs. Borden, Howard
United States IS sEven where there is martial Law
aud exercised for the purposes oppression any
injury 10 wfuy dcns TO person or property the party
by whom, by whose order 1t committed would I'M
doubleday be answerabe." {Ibid, D. 4e) Bnt there Is
ground for saying that New York city in MAY 1864
& m razeifv
tan martial law and civil exist togehers To sure the
President in his recent Kentucky procamat,ou assumes
this legal coexistence but in what treatise on nterna
tional law Is the assumption subs,antiaisd? Not
In HaileSk & Nor Is It compatible With their
OF reasoning cr the United states Supreme Court in
Luther vs Borden. Eoward case under The Dorr
bellon Will be bold enough 10 saw In view OF
the history OF our ancestors and ourselves that the
President OF the United States extend martial law
part thereof, save in connection with some particular
military operations which be Is carrying on there?
are relied upon by opponents q Black, u S.
Rep. D. eaSl. TO prove that the whoe nation
claim that the decision in question expressly
limits the lines OF war within the lines Of bay.
lines within the uniettered exercise OF the civil power
New York Is no more at than she during the
whskey nsurrectiou or the Dor rebellion But suppose
the point be conceded, then, s argued that When
engaged in with England, the of this
State decided tha. the law os military necessity could
not constitutionay act upon the citizen but only upon
the solder. During the last with Great Britain
Chief Justice Kent discharged military prisoner held
by General Morgan Lewis. The prisoner was ptmed
Samuel Stacy, Jr. Commodore Chauncey verbally or
dercd Captain Smith Stacy being treason
ably connected with the enemy. Smith delivered him 10
General Lewis, who ccuhned him. through his provost
marshal, under the following order@heceiye into cus
iody &c. Samuel stacy charged by the SAID Commodore
with OF hgn treason against the or the
United States committed within the territory OF the King
Of Great Britain j. Chambers, Assistant Adintant Cen
ersl" In delivering the opinion no John 3cI Judge
Kent recognizei the TACT that chief had
no more lawful authority u hold eli the citizens OF the
ire nutc,
tons IN the field amenabe 70 his military edcs than be
had TO hold all the property Of the country subject
mander Of citizens o. the United States but q s soers
TO the effect has the argument OF Senator Lrn on
parity Of illustration Hucks Money e Wilson 2o5
and SIR Chss. Goulcs case, "a Zen. 81 Rep, 9s1 IN
fundamental law from the pecessi.es Of presen, sns
overwheming wariise force be sustained then the
arrested without due process and .his sezue. were
unreasonable" But the constitutional Qre.on Gas been
sprsssy sssrssneS =, 10 ayss sse prosecution by tie
question unconsituoual. tGran VS. wilcox ol Indiana
$40 Mr. Hail read this case at length especially empha-
The liberty or speech Of the press frecdom Of cec
tionswhch are the three fres institu
stroyed by force or that force is not 10 be usei
20 restore tho just authority OF glorious govern
%ens but merely 70 estsb sh BY wsdins through sens
It's corner stone certain chercs ideas philanthropy
fraternity and equality social and political OF all races
OF men without respect 10 color then nigh, no, be so
readily conceded that imperative necessity would rsonro
that the force should be kept up solely for prr
poae"
Mr. Hall claimed that the language shove quoted
70 but judicial vndcaou Of similar utterances by tne
Presidents political frisnds in former times
He reao from speerh OF Burngame tAppendix 10 Con-
gressioos Globe, 1856 56 p. o56), ioows:-Tt cir
freedom OF speech IS not 20 remain 10 what ali this
government worthS' Also one from speech OF Repre-.
sentative Beae republican, June IL 1850 (Copgresscnal
Gicho, 3oth congress, part 4. D. t27):-"we will take
from the President no rights guaranteed 10 him by tho
constitution We will infringe upon none Bat sir va
hound TO watch With jealous eye the prcroratvts ~
any officer. And we will watch those OF the President
We will keep them within the defined rnits and We viii
denounce their Undue exercise -
Mr. iall closed hs elaborate and eloquent argument
or which We have been able 10 give only leading
points, b. qrstlps the language Of H. j. syrnopd Pitts
burg address, feoruary o. 1885, the subject OF tho
liberty Of the press and the supremacy OF The constit
ton fersrsinf Ga then stood by it, now stand bv H.
whoever has deserted for the tyrann,ca pea Cf mill