Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-02-03

gerous powers. Its power dangerous toliberty
it is not necessary; it should not exist Jefferson.
who lived in the Revolution, not only failed to see
the necessity for Martial Law during that struggle
Tor freedom, but opposedthe adoption u the Censti.
tuition with the provision for suspending the Aa6sas
corpus earnestly declaring his belief IN the eternal
and unrenlttng force of the writ Of Aa6eas corpus"
The history of Martial ]. aw is curious. Col. Lee
atrms it to be prerogative of the British crown.
history does not support him. Itnever had leaNi
existence in England before the Revolution of 1858
The kingdom had no standing army before the reign
OF William ILL Prior to that time, the militia was
the only military force of Great Britain Ifasoldier
deserted, he could only be sued in civil action for
breach of his contract of enlistment This WAS
the only legal redress Armies were raised upon
the spur OF occasion, and disbsnded as soon as the
occasion ceased.
BENG levied for short periods and without regu.
lar pay their discipline was not curiously looked
into Little danger was apprehended from an army
OF militia, which, being suddenly assembled to meet
ex'gences, vanished Still more suddenly. While in
the held, they were subject to such rules as the
Sovereign prescribed and could enforce not of right
by tolerance and nsuSpation Magma Charta
the Petition Of Right, the HaJeas Corpus act furnish
the accumulated parliamentary evidence Of seven
hundred years, that no such prerogative was inhe-
rent in the crown, while they vndicate the inalien.
able right Of personal liberty, and provide annie
safeguards Tor the individual freedom of thesubect
Ibis alleged prerogative of the crown hasStsot
been claimed since William, Of Orange, mounted the
throne, nearly two centuries ago. The British army
now exists only by virtue Of annual acts of Parlia.
ment, and is governed and disciplined by rules
framed upon the mutiny acts passed from year to
year. Whether Martial Law, even now, can be de.
CARED is questionable certainly it cannot unless
in strict srbordination to the mntiny act 1t NAV
be Constitutional right Tiers, because the King.
Lords and Commons, in Parliament assembled, are
the supreme and absolute power Of the State: in
other words, when so assembled, they are the Con.
stitution atseL. But in this land we have a writ.
tea CONSTITUTION of limited and defined powers and
Congress can exercise no power unless warranted
by the fundamental Jaw. This sacred charter of
our liberties wasframed and sealed by soldiers and
statesmen, reared in the midst Of saneunarv war
and fully alive to all the necessary requirements for
the discipline and efficiency of armies, the security
Of liberty and the safety of the State If therefore
the Constitution, formed under such circumstances
contains no provision for the declaration of Martial
Law, it affords powerful evidence of the inutilitv
as we'll as danger of the power.
Wherein is the necessity, here and nsw, for the
exercise of such a dangerous aud Questionable
power! The people, always justly Jealous of per.
sonai liberty, are now peculiarly sensitive to en-
croacdment, laboring as they are under the heavy.
oppressive and necessary burdens of the war. WIN
hen, arouse their suspicious and ALLEVIATE their az
fec1ons from the govsrament by the ostentatious
parade OF most dangerous Arbitrary poweri The
necessity is less apparent and less real now than
ever. The political opinions Of almost-eyer man
In the South are now we'll known We have now
no dangerous foreign element in our populatiop.-
NO political emssares are plotting our overthrow.
There IS no mutiny, rebellion resistance to law
and order. Treason, sedtion, conspiracy-all poll
tical offences are well defined by law; our courts are
open, our Judges are able pure and impartial, and
our juries incorrupt The administration Of Justice
through the constitutional, common law tribunals
Of the country, provided for the PURPOSE is ade-
quate to the protection of our land against polti
cal or criminal offenders. Our country never before
exhibited such spectacle of weakness, susnense
and subdued expectation. %
Why then, non, in this time of utter belplessness
and affcton, prepare the instruments Of despotism-
the dungeon, the rack, the inquisition? !. Let me
not be misunderstood. am unalterably opposed
to any measure which would impair the efficiency
OF our armies or compromise our Cause. The prin-
ciple Of war is authority direct rapid and uncom.
promising. Rigid discipline in the ranks of the
army and in every department of military admins
trat0n, is essential to our success. But the mea-
sures | refer to- now before Congress- do ~ look
to military administration. sTheY have Dther
aspect The suspension Of habeas corpus and the
declaration of martial law its twin sister, as soar
measure How, AMIR 10 1e an utter aosurdltY. 1t
is rank madness, unless it isA blow aimed at the
&, s5.s q tae t stass': -;
corpus with ii.erence1 I now pending before
Congress- SOMEhS
have been e.fha u joyful as any ono
after victory; b1t Confess that even then
the sight Of field Of batt6 has notonly struck me
with horror, but even turned me sick and now that
am advanced in life, cannot understand any
more than could at fifteen years of age, how berrs
and who call themselves reasonable, and who have
SO much foresight, can employ this short existence.
not in loving and aiding each other, aud psssinp
through it as gently as possible -but on the contrary
to destroy each other, as if Time did
not himself do this sufficient rapialyi WHAT
thought At fifteen years Of age, still think; "war
with the pain Of death which society draws upon
itself are but organized bafbarisms, an inheritance