Santa Fe gazette. [volume] (Santa Fe, N.M.) 1859-1864, 1864-05-07


plies, or to raise troops, and by impeach.
ment ofthe President; but for the military
and measures essential TO over
come the enemy--for the general conduct
of the war--the President responsible to,
and controlled, by no other department Of
His duty is to uphold the
Constitution and enforce the laws, and to
respect whatever rights loyal citizens are
entitled to enjoy in time of ciyilwar to the
fullest extent that may be consistent with
the performance Of the military duty i'm
posed on him, (Ihe effect of Il state of
war, in changing or modifying civil rights,
is explained in the "War Powers Of the
President &cl
"What is the extent of the military pow.
er Of the President over the persons aad
property of citizens at a distance from the
seat OF war-whether ho or the War De
partmeut may lawfully order the arrest of
citizens in loyal States on reasonable proof
that they are either enemies or aiding the
enemy or that they are spies or cmissaries
Of rebels sent TO gain information for their
use, or to discourage enlistments; whether
martial law may be extended over such
places rs the commander deems it noces.
sary to guard, even though distant from
any battle field, in order to enable him to
prosecute tho war ellectsally; whether the
writ of habeaS corpus may he suspended, as
to persons under military arrest, by the
President, or only by Congress-, ION which
point Judges of the United States courts
disagreC;) whether, in time Ofwar, all citi-
zens are liable to military arrest, on rca.
sonabIep proof of their aiding or sbcttiug the
enemy, or whether they are entitled to
practice treason until indicted by some
grand jury; thus, for example, whether
Jefferson Davis, or General Lee, if fount
in Boston, could be arrested by military
! authority ard sent to Fort Warren?-
4 Whether, in the midst of wide spread ant
c terrific war, those persons who violate tn
}, laws of war and the laws ofpOacc, traitors
Il spies, emissaries, brigands, bushwhackers
J guerillas, persons in the free States supply
ing arms and ammunition TO the enemy
must all be proceeded against by civil tr
bunals only, under due forms and precc
O. dents Of law, by the tsrdy and ineffcctut
=, machinery Of arrests by marshals, twh
10 can rarely have means Of approhendin
t, them, and of grand jvies, (who met
Dr. twice year, and could seldom if ever sci
y Sonably secure the evidence on which [
IS indict thom? Whether government is nj
S, entitled by military power to PREVENT tt
traitors and spies, by arrest and impriso
,Y ment from doing the intended mischief, {
well as to punish them after it is done2-
i Whether war can be carried on successful
oa ~, ly, without the power to save the army ar
ti 20 navy from being betrayed and destroyo
" by depriUlng any citizen temporarily oft
81 power Of acting as an enemy, wheneV
y. y, there is reasonable cause to suspect hi
81 Of being one? Whether these and simil
W proceedings are, or arc not, in violation
~ any civil rights of citizens under the CC
=. " stitution, are questions to which the Q
as ,S swers depend on the construction given
u" the war powers Of the Executive, VIII
ever any commander-in-chief, in aCCo
anco with the usual practice Of carryi
ust on war among civilized nations, may orr
US. his army and navy to do, is within
poWer Of the President to order and
of execute, because the Constitution. in
der express terms, gives him the supreme CO
mand of both If he makes war upon
iay foreign nation, he should be governed
ted the law Of ofnations; if lawfully engaged
ier civil war, he may treat his enemies as S
he'd ects aud as belGgercnts.
'tea "The Constitution provides that the G
'he ernment and regulation of the land {
:, naval forces, and the treatment Of captu
II should be according to law; butit impo
all in express terms, no other qualification
the war power of tho President 1t does
OF prescribe any territorial limits, within
III United States, to which his military OPP
tions shall be restricted; nor to which
nos picket guards or military officers (SC
.c .Cul, times called prOUoSt marShalS) shall be
Ieu I. fined. 1t does not exempt any pei
Ills making war upon the country, or al,
and comforting the enemy, from b.
T. captuGd or arrested, wherever he may
yers found, whether within or out of the lin,
OK. any division of the army. 1t does not
eSt8, vide that public enemies, Or their abet
re. shall find safe asylum in any part of
wing United States where military power
reach them 1t requires the Presidcn
pter, an executive magistrate, in time Of pt
lent, to see that the laws existing in tim
, ex- peace are faithfully executed; and as
resi- mander-in-chief, in time of war, to
d in that the laws of war are executed. In {
and both duties he is strictly obcying the
Sect stitutiOn'
:. y % q MARTIAL LAW IS THE LAW OF WAR
chief 1t consists of a code of rules and p
Iates, pies regulating the rights, liabilities,
tateS duties the social municipal, and int
nited tonal relations in time of war Of all per
,rs of whether neutral or belligcrent. These
and are liable to modification in the I
a