Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1871-10-25
.1JOrfj0I EQtr,

yesterday, tnc fTtSS, tho humlnls-
tration, organ owned by thcCollcctor of
the Port,i spasm of ofdelight,announc.
cd that portion of theUnitcd States of
America was placed under "martial
law Such is the official intcrprcta.
ton of the last proclamation from
Washington, and It is well for the
whole country to takc cognizance
of IT, A large portion Of the State Of
South Carolina was subiugated by the
proclamation Of yesterday, and on
Monday the news from Washington
contained an announcement, no doubt
authentic, that Georgia will be "the
next State TO be warned and punish
ed" What is this "martial law" which
is now proclaimcdy IL is simply no
law. No statute, no provision of tho
Constitution of the United States war
rants or recognizes it under the present
conditions In time Of war, when
laws are silenced amid the clang of
arms, martial law means the belligcr-
ent right TO and burn and destroy,
and capture, which under the Vague
code known MS the Law of Nations,
tho armed forces of ono nation exer.
else against tho other nation with
which the war is wagcd. With actual
war begins the right to surprise, at
tack, and kill your advcrsaries with
every art by which you may take
them AT disadvantage. There is, in
common humanity, a supposed limit
to the barbarity of the war, and when
that is exceeded, protest sometimes
ronscs roprohation against unusual
acts. But war is in itself so barbar.
Gus, with killing for its chief end and
aim, and the ferocious passions of the
human animal are so thoroughly rous.
cd by il, and his moral and religious
sentiments so warped and silcnoed,
that it is really difficult to say what
horror may not be perpetrated under
tho license of war. That license il is
now proposed to give TO every mill
,ary officer against his own fellow
citizcns in time of peace! That is
what martial law now means and we
need not say that il has no warrant
in the Constitution or the laws Of n
free country. Congress has no au-
thority to exempt any military officer
from the restraints Of law and IL never
has done so, either in the ku. Klux act
or any other act. The outrdgcs per.
petrated during the late war, upon
citizens of the United States living re.
mote from tho scene of strife, were
under a colorado extension TO them
of the condition of public enemies, to
be treated with as much license as if
thoy were the hostile belligerents who
were waging war ut the South. This
was the plea under which, in Pennsyl-
vania, Mr.. Boileau, of the Philadelphia
EUening Journal, and Mr.. Meek, of the
Bellclontc lVatchmaR, were seized,
and arbitrarily imprisoned in military
posts, because matter printed in their
papers had wounded the susceptibility
of some petty military officer. Now
the same license is claimed in time Of
peace. That is what the administra-
tion organs mean when they proclaim
"martial law" The only legal color
for this is right implied 10 the Con
stituton for Congress to suspend the
writ Of hdbedS corpus. This has now
been bestowed by Congress on the
President, and the Radical interpreta.
tion of it is promptly given in the
word martial law" n term unknown
to the Jurisprudence of our country.
We need not recapitulate what was
done under color of it, The martial
law, thus practiscd, during and after
the war, has not escaped condemna.
ton from the highest authorities.
The Supreme Court have solcmnly
condemned il. Our eminent jurist,
Horace Binncy, has written upon the
subject of the suspension of the hdbedS
corpus, and was commonly quoted rs
an authority for any outrage it was
convenient to commit. To vindicate
his own great reputation, he published
another pamphlet at the close of tho
war, in which he said Of the power of
the President to suspend the writ of
hdbedS corpus 81 hope | may say
that when suggested, in a former
paper, that the President was intend
ed, by the Constitution, to exercise
the whole power that was given by
the clause, / had not conception that
the power was anything like this. ]
agree that the executive office is en-.
lirely unfit for IL; but am equally
clear that no department Of govern,
ment is fit for ii; that such power
has not precedent in history, English
or American, to justify it; and it is
as unnecessary either in rebellion or
invasion, as it is unexampled."
And now they are at IL again
Now, with no pretext OF war or re.
bellion, but in tho interest Of mill.
tary candidate for reelection, his Off
cial organs announce that he is about
to enforce "martial law"-tbat is TO
put his own will and that Of every
military subordinate, in place of the
Constitution and the laws. That is
the actual situation, and il is one to
startlc every man who is not implica.
ted in some job or villainy, that is to
be advanced by n party triumph over
the free institutions ofour country
Phiidda. Age.