Richland beacon., 1876-07-08

ing tne cDarSc 10 lne Uranu Jury,
declared that "supposing that thee is
no jurisdiction at all, that the whole
proceeding is cOram non jndtcr, that
the judicial functions are exercised by
persons who have no judicial authGri,
~ or power, and mans life is taken.
that is murder for murder is putting
a man to death without a justification,
or without any Of those mitigating
circumstances which reduce the crime
of murder to one of a lower degree
Thus, in the case put by Lord Coke
of Lieutenant having commission
of martial law in times Of peace, that,
says Lord Coke, Is murder"
Such are the established doctrines
of the jurists and courts of this coun-
try aud of England. Such is the
voice of common law-glorious juris-
prudence of freedom! birlhright Of
every American citizen Its stern
logic declares that such an execution
of any human being, rs was proposed
and sanctioned in this correspondence,
would be murder by our laws; and
that every functionary-civil or mill
tarv--who should in~iigate it, aid or
abet it, or become, in any manner, a
party to it before the fact, would be
guilty as principal in that crime.
The patriot statesman who achieved
our national independence, and formed
our institutions of free government,
foreboded, if we should ever fall in
intestine strife, that the ideas it would
inspire in military minds-of insub-
ordination to the laws and of uncvic
ambition-and the habit it would gen.
crate in the people, Of acquiescence in
acts of unlawful military violence
would imperil. if not destroy, civil
liberty. Events compelled US 10 a
manly choice of confronting these
dangers in struggle 10 save our
country from dismem berment, and to
vindicate the just rights of the Fed.
eral Union. Having triumphed in
that struggle, now forever closed, We
are made sensible CT the wise foresight
of the founders of our freedom in
their warning Of the opposite dangers
which would attend our success
Those dangers come to US in acts OF
illegal military violence, committed in
times of peace, in the usurpation by
the soldiery of a power to decide The
membership Of our legislative assem-
blies, whose right to judge exclusive
ly 10 such cases has ever been guard.
ed with peculiar jealousy by our race
in the proposal, made and accepted
by our highest civil and military func.
tionaries, to subject our citizens "a
tribunals in which q military officer
will decide, without appeal, what per.
sons, happening to be found in the
locality, shall be sent to them fol-
trial-will appoint the members of the
court-will review and confirm OF
change the Judgment and sentence
and may order instant executions, and
: in which the accused will be tried iu
secret, and without counsel for bis
, defense. This proposition is thu:
. made, and thus sanctioned, notwitb
standing that, for similar acts, oul
, English ancestors sent the frs
Charles 10 the scaffold and expelled
f The second James from the throne
and our own forefa,hers-exiled by
, kindred tyrannies and planting freed
ON in the wilderness-were careful t
insert in our Constitution posiliv,
prohibitions against the application t,
: any but military persons of such lri
!, bunals. Unless such a proposition
: so made and so sanctioned, shall b,
S condemned by public reprobaliol
. which shal! make it memorable as
D warning to all future officers of th
!. State and the army, the decay of tb
t jealous spirit of freedom, the loss Q
J. our ancestral traditions of liberty, az
# quired through ages of conflict an
/. sacrifice, the education of the presen
i generation to servile acquiescence i
i the maxlms and the practices Of ty
e ranny, will have realized the fears {
c Washington and Jay and Clinton an
n their compa,riots.
5. New York, first of the common
i. weallbs of the American Union i
e population, in resources and in milit'
d ~ power, should declare her sent
e ments on this occasion with a di
y. tinctness, dignity aud T. solemn en-
O phasis which will command th
g thoughtful attention of Congress, of ht
1t sister States and ofthe people Of ou
W whole country. With The same un
nimity with which she upheld Ii
&c arms Of the Union in the past confic
q she should now address herself
n the great and most sacred duty of r
~ establishing civil liberty and the pc
N sonal rights of individuals, of resto
~ ing the ideas and habits of freedot
q. a and of reasser,ing the supremacy
e. the civil authority over the milital
le power throughout the Republic.
60 SAMUEL j. TlLDEN.