Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-07-06
Aurtb-Carullua 5tauaarh
From the Progress !

Nh ED1roR Nothing give to those who administer
the government 50 much unity strength ana ot
the Constitution Of the Country will be maintained IN us
integrity without serious departurea political condition.
whether any could for q moment seriously con-
template a change And the spirit Of the Constitution
especially manifested in art sec parag ~ which -.
of the people peaceaby to assemble &c. enJalps upon
every Citizen the public duty of contributing towards
neathl public opinion, corrective AZ well as coas'rnc
the Constellation OF dangerous character "net"er oe'
curing By intention from zeal in The pubhc SER
vice. assist in giving expression To the public dsapprn-
baton nor can any obj be urged to the
freest dscassi1n il conducted in spirit OF candor and
10: Of taosn giving all due credit for sincerity OF pul'
It is obiefy in this Way false steps can be retraced,
and hope shall contribute son,s'ng tNa,ds hut re-
suit |; Ter 1 shall never despair of the Rcpub ic
Herein lies The lnain G...mcc between our frm OF gov
erulnenl ard despVtian, where single person with
out law and witol. rule directs everything by his owa
syiH and ctprics The active principle Of Republic IS
virtue of dcspot;c government is fear Hence he, who
desires to ensave people, ecdeavos first to demoralze
and then to subject them to the influence OF fear, as
governing principle; and, ar the Prnccs Will eau admit
Of question. nothing but instant Obedience pves-
t.gation Of public affairs be tolerated And the only
RESPIRATION, if departures become 80 Numerous as to eli
be by having to first principles for to recall
men to the ancient maxms generally recalling them to
virtue. or the three kinds of law, namely martial law
the will of military commander, which is nothing but
military despotism. military law or that Law which the
Constitution has prescribed for tue government OF the
army aid navy and which is alone applicable to the so.-
diers and sailors as SUCH and the law alone govern
ing the citizens such the Constitution only recognz
the last rs the civil law has control over the
soldiers and sa;ols such, the military law has no
control the citizens citizens except as ancilary
to the civil law, assisting in making arrests, &c.
But theConsttutOn never recognizes the first and no
state OF the country justify Congress in estab
fishing it. for Congress only exists by the Constitu
t0n establishment Of martial law by oyertnrnng tho
Constitution necessarily destroys All ground for the rgh'
full existence of Congress its and every act u that body
looking that direction is revolutionary and usurpa-
ton. T.
Suppose General in possession of own. should deem
that it absolutely necessary 10 The defence OF the
that martial law should be declared Chat 49, that
excuse for sucd SETON would depend in the pubic mind,
upon the degree Of ecessy for it could be only excu:a-
be never justi.b: Ike The distinction drawn BY the
law between hom eide i'll sstdefence, aud by an officer
in the discharge Of his official duties aud. although
might possibly arise when the President who IS tho
custodian Of the sword might be historically excused,
never constituonay justified in perpe,ratins Of
that kind for which the public mind, IN my opinion,
has not been in the slightest degree prepared Yet It Is
clear that Congress, winch is Legislative body existing
solely by authority of the Constitution aud does rot bold
the sword, never be either excused or 5ust.fsl
believe the people Of this country a,s ardsrty at
one may hear that the Constitution only intended
fol tunes of peace Ahich appears be very reuarka
BILE language Of the only Constitutions adopted by
the Anglo Saxon this continent those of the Uni
ted States and of the Confederate States the one was
framed after an eight years war; when the necessities OF
in the minds of the funes and the other just be.
ginning Of the present conflict Some may also be heard
70 Uia that no Constitution had been adopted This is
like the condition of the Atheist "arguing from lis own
defects against the being and pelfectiuns OF Deity
who when driven from every position, denying the exs-
tence of Gud, last reduced the extremity Of
"siat and seh there God" for SAID be, the
belief of God fills mans mind with scrupes and lays
him under restraints The political infdes per-
nicious in their way the religious in theirs. But
these are exceptional cases and BY means consttusths
bulk Of the nation.
That Congress passing the act of the 18th February,
1854 susendng the privilege Of the writ of h6sGS corpus
has papably violated the COnstutonappears be Clear
from more than point of view. take it for granted,
that Congress pass no law imposing martial mil
itsry law upon citizens SUCH it confer such
power un the President aud that Congress BIZ want
ing in and hfunoss in this respect plain, from
its public confession in the last act Of fragrant viola
aous in the Two former acts in relation this writ If
we take the act itself and the Interpretation given it by
the President Order No. 81, issued by the Adjntant
General will be evident that the arrests and nvesga
tons are all to be made by military authority; the
missioner himself being military appontee.
The offences enumerated are of three sorts namely
sting criminal Offences against the government trea
TOR example, such as are made criminal solely by this
act and attempts to avoid military service" Thee Of
fences must be either violations of the military law, ap
cabe to none till they have been legally placed in the
army navy. Of the civil law if Of the former then
the civil authority can have power them and there
can be no necessity nr tue suspension if of the civil law,
then no military judge can have any right Of uvestiga
ton conferred him. the military authorities
dclain except as assistant to the civil author
Ties aud, as the Constitution cn.rs power of SUBJ
,.ct sfemnt TN establish martial is, uar ,, o,ntrv
which Coiarsss c.unot consti,nt"nallv do Aoam tHs
paragraph of the Constitution under wbrh this nnwr il
taiSsj il !, i,a f,iow;na wn,d. M S sn pa,
D. "7he privilege Of the writ Of la1es eorous shall not
70 .rnsndaa 80. ,r in VI s8,1 r XXX snail NV; NV
lion tic rnhIc .,i.,v nav rsom;ro;t a. t y" in
"rsnsrce of md NV .ntbo,i Of Tho rns,p n ~.
hat extent be taken as mart Of that instrument Ind
.or the SAKE Of illustration MAJ b. ms r,sj therein Then
as This mower il in tram, Of brrv il nm, ba cnnsrna3
trietly and therefore that all arts w ,nd tn@shsr
1T must be- controlled by all CHER restrictive csSes in
mns , cas. bearing upon us Take or es
,.nd;ns the r;v;,s of tb ;t H., an NV DT'
rss IS The priv ;is f ,h r;t' n w h a un u
nr sranst ,e ned, So S. ~ she IasH y. ey
oeded &C. but "po warrant us hit sa .n Nc nr"
Able cause supported by oath or airma,iun Sc # art
sec o parac i51 and no ncrson shall w. da , va of
If. Thertv mr. nronertv uttbpnt d ,o o f , ~
n art sec parsg s which c,nstrnc , allow al
parts of the Constitution TO stand tosetber # ,v he
herr ramarked that there wss no i;ttis ns.; -, az