The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1864-02-10

Would he say to any editor that such conduC
was proper for even allowable No, sir;
would not. lt is impossible that loyal ma
could hesitate for one moment on such 8 cues
ton.
Freedom OF the pressl Sir, what is IL, Whs
is that peculiar franchise or privilege which "
mean by the " freedom of the presss' Th
Constitution declares that Congress shall pC
no act sbridging the freedom Of speech or Of th
press. need not say TO the Senator from Ken
tucky that the sole meaning ana intent Of thS
clause is, that there shall be no censorship Of Il
press exercised before publication. Il was sin
ply intended 81 an abrogstion Of that preregs
tive a the Grown OF England BY which, in an
cient times, the king sssumed the power OF i
csnsing the printing OF books, and probibitin,
the publication OF any but such we're prot CT,
under his Il. snse What 10 orr leading states
men and jurists Cly on this subject Let ID,
read one word. justice S.5ry, in bis Commen' .
ries, remsrking upon this same clause, the free
dom Of the press and freedom Of speech, use
this language:
"It is plain that the language Of this AMEND
ment imports no more than that everv man shal
have q right 70 speak, write and print his opin.
ions upon any subject whs'-Oever. without an,
prior restraint, dltcGVs uGt he does not ia ,ur
any other person in his rights, person, propertl
or reputation. and so alrGsA that he does no
disturb tbs pvbIie peace or ATTEMrr TO sUBvER1
THE GOVERNMENT"
This language does not seem to Justify the
idea that a restraint upon a disloyal press vom
iting forth its tr 1son day by day, stirring NJ
discomfort, mutiny, and even violence among
the loyal people, is a violation of the Constitution
Of the United States, or a violation of the free
dom of the prC1s Like other rights, this IS 70
be used in sui ordination TO the public welfare
uced to support and not 70 destroy the Govern
ment and be is little better than a madmar
who claims 10 use it for the very purpcse o.
breaking in pieces the shield bv which il is PC
tected.
But, again, the Senator from Kentucky,
justify bis invocation 70 the people North
the people SoHth to rise in revolt sgainst
Government uses the following language.
ing Of the Executive Government Of the U-'..
States, he dec'7res that
1T has ordained at pleasure a military des
potism in the loyal States, BY means of courts
martial, provost marshaIs and military forces,
governed neither by law, principles, nor rules,
from whose tyranny and opppressions no man
can CLAIM immunity all OF which must be repu-
dated and swept away by the sovereign people
"All of which that is, courts-msrtisl pro
vost mArshsls, military forces" must be swept
away "-EOt by law, not by an honest, pescea-
BILE election, but "by the sovereign people -
Sir, regard this direct invocation to the
people of the United States to rise in insurrec-
tion against their Government for the pur-
pose, among other purposes, of abolish
ing aud doing away With courts martial Courts
martial are 20 be "swept away by the sovereign
people" ask the Senator from kentucky TO
inform me in what way the sovereign people are
to sweep away conrts-martsl and provost mar
shals and military authority? In what way is he
to reach this object' In no other but by mobo-
cratic violence. Courts-martial are a part of the
Constitution of the United States The Senator
need not be told that they are as much provided
for, and their existence and functions ss CON-
pletely guaranteed BY the Constitution ca are
civil courts for the trial of issues between man
aud man, for the punishment of crime An
amendment of the Constitution OF the United
States declares, what ives not embraced in the
old Constitution, that
"No person shall be held to answer for a cap
ital or otherwise Infamous crime unless on pre-
sentiment or Indictment of grand jury, exeeDt
IN cases Srising in the land or naval forces, OF
in the militia, rhen in actual servics IN time Of
,oar or public danger"
dow are the sovereign people to change that
clause Of the Constitution; how but by rising in
revolt against the Government Of the United
States, and their constituted authorities? Can
Congress by any act OF legislation abolish courts
martial, whether they are good or whether they
are bads No, sir, the Constitution he's guaran-
tied their existence; and beg to inquire from
the Senator from Kentucky in what way be
would administer justice and punish crime in the
military or naval service of the United States il
not by means OF courts-Tnartial and provost mar
shals, for the purpose of performing the func
tions properly pertaining to them? Sir, this j.
declaration directly against the Constitution o
the United States. Ii invokes insErrection. II
was intended to invoke insurrectOn for tie pur-
pose not Of preserving the Constitution, for the
Constitution preserves courts-msrtal, bat for the
purpose of overthrowng the Constitution. Such
is the blind hatred, it would seem, of some per.
sons-I wish l could except the Senator from
Neutrality-suspicious. courts-martial
But all this, it seems, must be "repudiatec
and swept away by the sovereign people. -
What sovereign people? The people of tht
North aud the people Of the South :" the rebel
as well as the friends of the Governments
would seem so. What is meant by sovereiCl
peple in this connection? Plainly an unor
ganized tumutuous gathering. The Govern
ment is q representative democracy a govern
ment in which the people acting in their prima
~ capacity have nothing TO do with the enact
ment OF laws. That duty is performed by thei
representatives chosen according to the form
prescribed by the Laws where the elections ar
held.
Again, sir, the Senator from Kentucky lie
clares
"ThAt IS the Constitution and laws afford d
means to exclude from the Office OF President
man appointed TO it BY military power or VIII
is declared 10 be chosen TO it by reason of th
suppression of the freedom of election, as by th
exclusion Of legal voters from the polls, or b.
any other means, the people of the Unite
States would be incompetent 10 defend and un
worthy to have received the rich heritage c
freedom bequeathed to them by their fathers
il they permit that great Office so to be filed, 0
in any other mede than by their own free suf
rage"
We are to have presidential election in th
coming November. A President is to be eleC
ted, not by the people, bnt by electors ehose
for that purpose By the people. The Senate
from Kentucky had this fact in view. he wa
aware that the people do not choose the Pres
dent. They choose the instruments who choOs
the President.I If understand the resolution PROV
erly, its meaning nd intent is this: that in cas-
any portion of the people of the United STAT.
shall, after this election, take it into their head
that there was military interference at the poll
that the Army or the military officers Of Il
Army had in any way interfered in the election
held By the people for the choice Of electors
President, then it will be the right OF that di
contented portion, however few or however NJ
meroas that portion may be, TO declare that Ii
election Of Presiden: under such Influences
{ void; hat the President elect viii have no rigi
to assume the presidential functions, and must
prevented by force If Necessary. A more dire
invocation TO violence and bloodshed, more