Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-01-27
Martial Law.

1t has been officially announced that
martial law is to be declared in large
number of the counties of West and Mid
die Tennessee. To every right thinking
man in Tenn essee, this must be regarded
as the GROWING act of infamy. aHd
brands our authorities as wretches
wholly devoid Of the least regard for the
rights of the people, and the peace and
prosperity of the State.
1t certainly is deplorable, when those
whom fortune has waited into authority,
use their power for the sole purpose OF
depressing aud tyrannizing over the peo-
ple. There is no instance in history of
such heartIess and merciless cruelty as
Brownlow has manifested toward the
people of Tennessee. he has pursued
them with a devilish and unrelenting
policy of hate, for the last four years,
which has met with the just condemns-
ton of all honest men of his own party.
It is the greatest folly to argue that
there exists such condition of affairs in
any county of the State, as could afford
the least excuse for declaring martial
law. In no county Of the State have the
courts or their officers been interrupted
in the discharge of their duty.
Individual instances have occurred
where bands of irresponsible men
have taken the law into their
own hands, and punished offenders, but
these instances have been where the
offenders were guilty of the worst crimes
known to the laws. We hear of like in
stances in loyal Indiana, and elsewhere,
vet these have not met with the condem-
nation of but small number of the Rad
ical press.
The act of September 10, 1868, was
amply sufficient to enable sheriffs to pre-.
serve the peace; yet in but very few
instances have they deemed it necessary
to avail themselves of IFS provisions,
simply,because the necessity did not exist,
although they are, with but few exeep.
tions, Radicals of the darkest stripe.
The counties that are to be placed
under martial law, by the edict of this
merciless tyrant, are among the most
peaceable and prosperous in the State;
and from a personal knowledge of many
of them, we know that the courts are
open, and fully competent to protect
every one in the enjoyment Of life and
property. But the secret of the whole
thing must be apparent to every candid
mind. The scallawags who misrepresent
the people at Nashville must be insured
of re election, and hence the negroes
must be reorganizsd under the wing of
the military, and the whites inundated.
1t is only where great public danger
threatens the State, that the Governor is
authorized to declare martial law and
suspend the writ Of hsbeas corpus. 1t
was intended that this extraordinary
power should be exercised only in cases
of imminent peril to the State in cases
of invasion or insurrection. These prin-
ciples are too we'll settled aud known to
be misunderstood. Martial law presup.
poses such a condition of affairs as rem
ders it impossible for the courts to exc
cute the laws, and insure protection to
the citizen in the enjoyment of life and
property, and only when such a condi-
ton of affairs exists is the Governor
justified in suspending the civil law and
resorting to the strong arm Of the mill
tsry.
No person of sane mind will contend
that such condition of affairs exists in
any portion of the State. 1t is mon
strous to hold that the Governor can,
upon the merest pretext, declare martial
law, close the courts aud suspend the
writ Of habeas corpus, and thereby
place the lives and property Of the citi-
gems At the mercy of petty military
satrap. and deny to them the privilege Of
q trial by jury Of their eountrymen.
II such is the fact, then indeed are the
guarantees Of our Bill Of Rights worth no
more than the paper upon which they are
written. We have long since come to the
conclusion that q written constitution
was Of no more avail thAA a rope Of
sand, in protecting the people in their
rights against the encroacbments Of an
inscriptions despotism. II, then, cit
izen can be arrested by q military tyrani,
consigned 10 a prison, tried, convicted
by dr1u-hesd court martha, ss5 pm.
ished, without any violation Of the law Of
the land, denied trial by jury Of bis
countrymen, then indeed hiss republican
government ceased TO exist 10 this coun-
try, and has been superseded BY the
worst Of al tyrsnnies-s military des-
pOtism.