, 1865-06-23
Hon. Edward 80 On MartiaI Law.


The Hon. Edward Bates, Of St. Louis, late At
torney General in the Cabinet of Mr. Lincoln
is publishing series of communications ad-
dressed ITO the people of Missouri We find
the first one in the St. Louis Democrat the Adj
ministration organ in that State. Mr.. Bates
writes in manly and patriotic style, and talks
out plainly and fearlessly. He says in this con-
nection
'Tmid friends have advised me to forbear
and urged me to not expose myself to the oblo-
guy and persecution of an active and willy body
of partsans, who have nothing to lose and eve
ryhing 10 gain 10y the projecetd revoluton-
They even limited that armed authority might be
invoked to stop nay pen. But rejected thatad-
rice-neanf no dQrht In Kindness and full Of
selfish prudence. learned a better lesson than
that in my youth and in my age have not de-
parted therefrom-that is, never despair of the
republic until the last possible effort in its de-
Tense has been made and has failed"
In the articles that are to follow, he states he
will maintain these propositions
l. Martial law is not the governing rule over
this State. 1t does not exist here and all that
has been done under that pretense, and contra
ry to the laws of the land, was and is perso-
nal wrong, and punishable usurpation.
2. The government of the various sections
and districts of this State, by provost marshals,
is an unlawful and dangerous anomaly. Pro-
vost marshals are strictly military, and incapa-
BILE Of civil functions. They are simply mill
tary police officers, neither more nor less.
3. The laws Of the land as found in the Con-
stituton and statutes of the United States and
of the State of Missour) do confer upon the Of
fcers of the Government National and State,
all the powers which are necessary to the sue
cessful prosecution Of the war and the peaceful
rule Of the country. And any attempt to substi-
tute, in place Of the laws, the viii of any mill
tary officer, is not only act of disloyalty but
is also a dangerous blow struck as the Govern
ment's lawful power for good
4. The Convention now sitting in St. Louis
is revolutionary in its origin, in its composition
and character in some of its proceedings already
passed. and in others clearly indicated in the
course Of its action. Instead of being omnipo-
tent, as some extremists claim, it has not title
of power granted by law. And as it has not
granted powers and written limitations upon
the powers assumed, it cannot have any duties
and may do at its own caprice, anything or
nothing. But whatever it has done or may do,
can carry with itno legal obligation, until rati-
fed by the people or acquiesced in by the State.
If Mr.. ex-Attorney General Bates writes thus
as to Missouri, where they have had internal
war, what must he think of the state of affairs in
California and Oregon, where we have had no
such thing, hut where Provost Marshals and
military officers ride over Governor and civil
authorities without attempt at hindrance? The
Governor Of a State at peace with all the
world, is supposed to be the Chief Magistrate,
and sworn by his oath Of Office TO see the laws
properly and fairly enforced but so far as our
California Governor Of to-day is concerned, he
is merely second to Gen. Mcdowell, a non resi-
dent with no legal authority to mingei in or di-
rect our local afars.-C0l. Express.