The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-01-01

ssrsn psaos - - - hu@s -; rn, 49,
WICKED men, s .nssoas u power. VIII sssssd q liberty
Wsshington and Laeoia; and Il this nshs i eonosdsd
and the oelamIee Of var again befa us the dangers g
hnmsn me ma iss.sy are fnsh9sl . co.ssnp'asa II
tinsency they would have besn f.lss 20 Tie trust re-
pcsed in them. they knew, the history Of the world
sDo s 's sao ~ or o;''' long would - involved IL
;oss.s SS 10. ~. unmsa
sssSsy reasons hey secured the nnsssncs they hsd
e y ass.
tai y ~ prsssvatcn MOI one q the safeguards can
ss e Sss =:
great crs; IKE the ons ~ have Just passed shroush
writ Of habsas oorpua In every var thers ars non Or
previously good character wicked enough to counsel
tbsr fellow citizens 70 rssast the measures deemed
necessary by good government 10 sustain its Just
authority ana overthrow it, enemies and their influence
may lead % dangerous combinations n the ssgsncy
ine % Iaw may not be possible, and vi the peril
such persons :. g At large thsr
proper Ssc.os % make arrests should a'I not Be re-
wit Of habsas corpuz the constitution goes no fur.
Their II doc not after writ Of habeas corpus
denied citizen that he shall Dc isd otherwise than By
accomplished Il The iustrious men Who Trained that
liberty against the abuses or unlimited power They
FUN Of WISDOM and the lessons OF history informed
them that trial by established court assisted by
Impartial jury, the only way OF protecting the
citizen against oppression and wrong. Knowing this
they limited the suspension 20 great right and left
the rest TO remain forever involsble But 10 insisted
that the safety Of the country in time Of demands
that this broad claim for martial law shall Do sustained
Il this we're true y could % well s.ld that country
Of liberty h not worth the COST OF preservation Hap
ply Il Il not % II will be boyns in mind that this il
whom war exists In . community and the courts and
civil authorities 0verthrown nor II II question
what rule military commander q the head Of bis army
can impose on States In rebellion 70 cripple
their resources and qusll the nsurrectiou The
jurisdiction claimed = much more extensive
the loyal States should b. placed within the
limits OF certain military districts and commanders ap
pointed IN Ss ana = ~ n'ssa that q s1 IL military
tins; and g in this cass Indiana had been and was
again threatened with BY the ensmy the
clusion doss follow from the promises that f armies
were collected In Indiana they were TO b employed in
vass Ds acs n Mere Ss 5 9s and ID:
hostile foot onoe invaded, that invasion q m
end and with Il all pstext for martial law Martial Law
sty must Be actual and present; the invasion real,
such = eeosuslly coses the courts and deposes the
oiv administration i y dnsp e sss how the safety
Of her citizens plotting treason the p0wor Of arrest
could them until the government prepared
Tor their trial. when the courts wore open and ready
ry them Il WAS q easy 70 protect Witnesses before
civil military tribunal and g there could be wish
70 convCs sxceps On sucisns legal evidence surely an
Of this than military tribunal composed Of gentlemen
mot trained 70 the profession Of the law II follows frum
sous when martial rule can BE- properly applied If in
fodgn invasion or civil war the courts are actually
ssss .sS @ he theatre .eoa
Of military operations whore war really prevails there
Y necessity % furnish Substitute for the civil au.
thorty thus 0vetown 70 preserve the safety Of the
% sow sod 81 marital rule s s mt ' he
he rule, . i limits IL darations for Il THIS govern.
mont Y continued after the courts rensated IL Is
gross ussrpaaiOn o. power. Marital rule can never
unosssruessd sxsruse Of their jursdicsion II l. aso
confined 70 The locality Of actual hositea Because
forced In Virginia. whsrs the national authority
was overturned and the courts driven out, IL does
not follow shat should obtain IN Indiana whore that
authority was disputed and JuAttce was always ad.
miniTtered And % In the case Of foreign invasion,
martial rule may become necessty IN one State whom
r~ III wstbost preosdsass 4 English and American bis
tory niqsuatnG cur views o. this question, but u il
hardly necessy % make particular reference TO them
the Parliament AZ England reversed the attaindor OF the
Earl Of lancaster because he could have been tried by
ro4lms declared tuab IN Tune OF
peaos do ought 70 be adudgod death for treason
or any other offence without being arragned and held
70 answer, and that regularly whcn the Kings Courts
jndsnsnt Il sw Down 70 the present day martial law,
as claimed in this case, has been condemned BY all
sSs y he Ana and subvsrsve q The liberty Of the
subject During the present century an instructive de-
bate this question occurred in Parliament occasoncd
rsrs az The Rev John smith, missionary 10 the ne
groes On The alleged grounds Of aiding and sbeiting
.sa,esmsn Iord Brousham and sir James Mcintosh
gsr.pasd IN that aebsss and denounced the trial As
Offences, " and chat when The laws can col,
every other mode Of furnishing supposed crimes Is
itself IN enormous crime 50 sensitive were our Rsvo
aimost ID state Of siege when General Care ssned his
proclamation Of martial law, they spoke of u ~ an tat
instead thereof publish and order the Of martial
law Ths Virginia assembly denounced similar mea-
SURF on the psss q r DarmSro a. ian
L snns tho law OF tho land and Introduces the most
execrsbe Of all systems.-nartla law Z In some paris
Of tho country during the war Of 1872 our ofhcen
made arbitrary arrests, and by military trou-
nas tried citizens who were not In The mill
,ay .ervcs aness arrests res conan ana Trials when
condemned Illegal The cases Of Smith versus shaw
and Mcconnell versus Hampton reported 10 IL Johnson
are lrstrltions which wc cite, not only for the prfnc-
pies they determine bus OF the distinguished
jurists concerned In ths decisions one OF whom Tor
occupied q seat on this bencb ~ ~ con-
tented that Luther Bod3n. decided by this court
IS an authority for the clam Of martial law advanced in
this case The decision s misapprchondod That case
grew out Of the attempt in Rhode Island 70 supersede
the OLD colonial government by revolutionary proceed
ina lbode Island until that period had other form
or Local government than the cnarsr granted by King
Charles H. In f063 aad that limited the right Of saf
frigc ard did not provide for its ON amendment raoy
ci.zcns became dissatisfied because the Legislature
would not afford the relief In their power and without
tho authority OF Law formed and independent
suen and proceeded 20 assert its authority by force
The old government resisted this add ~ the
rebellion was formidable called out Tho militia 70 subdue
IL and PASSED declaring martial law Borden in
the military service Of the old government, broke
pen the house OF Luther, VINO supported the
now, In order 10 arrest hiin. Luther brought
suit against borden, and the question was whether,
under she constitution and Laws Of tho State, Borden
justified. This court held that state "may use is
military power 10 pat down armed insurrectlon too
strong 10 be controlled by tho civil authority" and II
the Legislature Of Rhode Island thought the peril 80
ercat W. 10 require the OF is military forces aud the
declaration OF martial law, there was no ground on
which this court could question s authority and as
Borden acted undor military orders Of the charter gov
eminent, which had been recognized By tho political
powor Of the country and upheld by the state Judi
cary, he was justified in breaking into and entering