YOL. 50. AMERICAN _YOLUNTEEE. ppcr.ianßD every Thursday mornino by JOHN B. BRATTON. TB RM S: Subscription.—Two, Dollars if paid within the • nm i Two Dollars and Fifty Cents, if not paid .within *o y° m - ' ' TI,OSO torm3 will bo ri S‘ dl y ad 'iorml to in every instance. No suhsoription dis -ontinno'd until all arrearages aro paid unless at '■‘ho option of the Editor. Advertisements— Accompanied by tliooAsn, and not exceeding ono square, will bo' inserted three ’■'imos fer Dno Dollar, and twenty-five cents for each additional insertion. ' Those of-a greater length in '■proportion. JoB-faiNriNO —Each, as Hand-hills,' Posting-bills, iPampliletsi Blanks, 'Labels, Ac. Ac., executed with ccuraoy and at the shortest.notice.. Case of the Chicago Times. THE ARGUMENT OF HON. JAMES F. JOY. (The Liberty of the Press—lts Histori *' cC al Vicissitudes antL Constitutional. ' Guarantees---Vallandighum and .his Doctrines-The Error of ,his Afre-it—The Law ys. Burnside and the Ad-, ministration. THE CIVIL RIGHTS OF THE PEOPLE against MILITARY DESPOTISM,' Sec., &.C., If it became a question of the citizenship ' merely of Gnpt.. Putnam, we might be com pelled to dismiss this bill, not knowing where , bn resides ; but we contend that the bill would be. no less, efficacious, because, it. ap plies to the ■ s'upero.ir officer, and through him, to all who are subordinate to him. We hate no objection to the general orders com ing in, because, it any-order of the goyer-n -mebt cftiido this thing,' why then wo'cannot maintain this bill; that is to, say, any order of the government which has been made. lam relieved, then, from the duty ofsta-,' ting the facta set forth in this bill,beyond : wlmt have already been stated- The ease presents simply the one fact of a major gen : • oral of-the, army.of the United States making , an order, in the State of Ohio, and sending it ■ to be executed here, .which shall destroy the business of a citizen of Chicago ; which shall ••.destroy bis business and his moans of obtain ing a livelihood, .without remedy ; which shall destroy it by absolute force, without '■allowing him to excuse himself-in any. man ner or form; by a tribunal front whitih ho lias no right of appeal,, and to whose judgment, executed by force, he.must submit, no matter what the amount of ruin, no mat how great the injury. He was the. editor of ■ anewspaper, publishing, as ho claims, such, . facts and-euuh .comments upon, facts and' . upon public'officers, as .ho was entitled to , publish rightfully under the. Constitution . mid the laws. ■ I will state before I go along any further, : that Thiive no sympathy whatever with tho - tliQ political opinions of; tho complainants ■ either jii their polities 'or Their editorial poli ■cy as editors of,that paper.. I will also state ■I. have hut one great and absorbing anxiety with regard to public affairs, and that is to seo tins rebellion suppressed by the force ■and power of our armies ; to see tbe.Consti-. Union and laws re-established over the broad e&tent of what was oneo'this happy country. This is my most earnest feeling, and the only anxious feeling which I have with regard, to this country; Anything, then, .'which has n tendency in any way to obstruct- tho govern ment, to discourage, or dispirit the people ■and the army ; anything which'-in any man ner or form shall tend to prevent , the prose cution of this war with the utmost vigor does nut meet with any synipathy from me. I. ■ come here with no feelings -of-sympathy for, ■ those complainants; my -feelings are all averse to them, both as politicians and editors. 1 do not think their policy a wise or a good .one. I come into tins court politically their "enemy, and to promote no political end of theirsi But I coma to claim at tho hands of -this court protection for a clear and ns I take it a firmly established constitutional, right, important to my clients to' ho sure, hut •no mure important to them than to every ■ citizen -and to tho whole Country, for the interests of all. who are involved. I can 'hardly express the feeling with which I come before the court on an occasion like this, and to discuss questions which arise in this case. Is it simply to protect property? No 1 Property is the slightest consideration connected with this question. It is to protect Individual rights of liberty? No 1 They sink into insignificance compared with the ques-' tiou this, oqprt. .Whatis, i.t, your liori i-ifa, ..which has ,engaged the English- mind . tiv'er since the art of printing was invented, .and .which has been the groat subject of. . controversy between the governments of .the .old country and 'the-peoples ? Is it the liber ty of the prqss. The right to discuss freely .all public affairs, and tho acts of all public men and ull'public interests. ' As soon ns the art of printing was disooy ,, ered, the governments'of the old world’ took .coutrul-of the'press. No hook could emanate from it'without, license. No criticism or . commentary on public affairs—.oven the oil - :' . unladen of the Bible was restrained by law. .Everywhere free thought was prohibited. In England it was only after.groac struggles and .great calamities that the ieoedoin of the press ■ obtained a foothold, and it was not until the , last revolution which placed William upuu • tho throne that it attained to the dignity of a 'constitutional right. The struggle had boon '3oiig between the .people,and-the sovereign 'and privileged, classes, hut ultimately the •freedom of tlie press aud of speech had come >to he considered'.a right—arightnevor again 'to ho trenched upon or violated by the gov ernment—a right Of the people, valuable to •all interests. The minds of meu were dt -liberty to think and publish their thoughts, -and with this right, and in consequence of it, -the government has become stable and nl ■most beyond the roach of danger—and for, .near two hundred years no minister or sov ereign has dared or thought of daring to restrain or lay tho hand of power on this great right of free speech and tree press. It is the first amendment to the Constitu tion which protects and secures, the right which is assailed and broken down by the' ' order of General Burnside. .The amendment; reads thus.: , i ‘.‘Congress shall mako.no law respecting! an establishment of religion, or prohibiting the free exorcise thereof; or abridging the freedom of speech or of the press; or tho ‘right of the people peaceably .to assemble and petition government for a redross of grie.ven oes." This language is very plain, certainly. What duos it signify ? Boos it secure to us a 'legal and permanent right in a community Hike this, or does it depend upon tho will and ipleasuro of a man like General Burnside, to ho suspended or abrogated whenever ho may deem it expedient? Is it a clear consti tutional right? If so, where does Gen. Burn side obtain the power ,to. set it aside and destroy it ? Is ho not himself an officer of the government acting under this Constitution, subject like all others to its provisions and bound by his allegiance to it? Has he, can he have the power to suspend that provision of the organic law at his pleasure, and enact a law at his arbitray will, which oven Con gress cannot do, to suppress liberty of speech and the press ? This is incredible and impos sible, so long as the Constitution stands. ; Tt would bo indeed most extraordinary.in a coun try like this, —in a condition suchas this state • is in—loyal beyond question or doubt,—where ■the courts are every where open,—their delib • orations conducted in perfect peace and quiet, and their decrees and judgments executed with ease, and . without the signs of any disturbance, —where the reign of civil law is absolute and supreme, l —where no man lifts a hand to disturb, but all bow with submission to its sway. It may bo admitted that the press is sometimes violent. , It may bo ad mitted that it sometimes goes beyond, the bonds of true liberty and runs .into license. But if so, it is for the law-making powfit to define ‘he bounderies. of its liberty, and to prescribe the penalties winch-shall-bo visited •upon it for overstepping those boundaries. Congress has, and, if,' necessary, should exercise this power. Tt cannot;' indeed, es tablish a Cencorship of the press. It cannot pre vent the publication ofany artielos or criticisms or, commentaries upon the government, its officers, or any other subject. It may, how ever, as I will by and 'by show, define the boundaries between the liberty and license of thopress and affix penalties and severe,punish ment for going beyond the.one-arid running into the other. , It is in this state.of tilings and of the’law, with the courts all open, the, people all quiet in a state where within its own limits there is profound peace, that a limn is. found dressed with the brief authority of a major general, who, a short time since,was a clerk in one of the offices of this city, never dis- jtfjguished for any great wisdom or soundness JHniind, but who now resolves by a military "order to.assume tho censorship of the press —to try, condemn, and execute its conductors, without the intervention of - court and jury, and without a hearing even ; to suspend the. power of! the Constitution and the laws, to ■fake a citizen from under their protection, and thus arbitrarily, with tho weight of his iron hand, destroy his' business and crush him to the earth. If he may do that with these mpn to-day, he may do it with another', to-morrow, and none-may ho .safe, ilu the progress of events the examples now set, the precedents now made, when other men more ambitious- than those now in power till the civil and military places of-thc country, we may lie compelled to undergo the fate of the ancient republics—that of the Romans, lor where, usurpers saw they could not" Safely hold .their places until the brave and loyal outspoken wore placed out of.the,way, arid where the proscription and death of-sUoh always followed the act ,of usurped authority. Antony, and Octavius never, felt that that- their grasp upon the liberties of the country was sure until Cicero’s, tongue had been silenced in death. If men, those who are in power, though of undoubted honesty of purpose and patriotism , shall establish precedents liko tlifse —tor the time being disregard any" provision, of the Constitution which'may discommode them, and let force' take the place of law—the right of free speech and a free - press be destroyed —ivll criticism of their'conduct and action .lie suppressed, then, by and b'y .ambitious, seljtah, and unprincipled men may, availing fb-qm selvcs of the. precedents thus established, in times- of civil commotion, lead the people blindfolded and willing to submit to slavery; and tho freedom of the country and constitu tional rights' - may be brought to. dn ejid in the, establishment of despotic power. They .per fect freedom. press and of speech is the only possible safeguard against result. Even this may fail, but it is certain that if tins fails nothing, etsg can .nyyjl. to save us from .the. doom of all past, republican govern-, merits. I think the best illustration of the truth of this position is afforded, by the very rebellion itself. .Over one.whole section ot the country —viz : tho slavcbulding section —the liberty of speech upon one subject has always been auppresseed by a. power above law and more powerful than law—that is, the influence of slaveholders. No man in" all.those states has bean '.permitted' to raise "his voice .to discuss tho question connected' with that in stitution or the relation which it sustained to tho government and thb world; Error and falsehood have boon permitted to circulate while reason and truth have been chained. Tho people, listening to arguments on one side only, have been brought to believe, and hon estly too, not only ill the righteousness of slavery itself, hut also that the government in the regular exorcise of its power in the hands of tho Republican party, was intending t.o destroy tliat institution in the states .where, it prevailed. They have been .given over to believe a lie, simply and only because free dom of speech and the press on one subject, a vital one, had been suppressed and destroyed. Ilenso arose,this rebellion. It;is the result si.mply of this disregard of one of the cardinal principles upon which tho safety and stabili ty of the government rests —destroying there, as military men disposed to do here, freedom of speech. It results from a disregard of the fact that truth comes of di mission, and that therefore discussion should bo free ■ —a principle recognized in tlm Constitu tion, and tho right resulting from it therefore guaranteed to tho people by one of its most Important, and most highly valued provisions. A recognition, of this right and its practical exorcise in all parts of the country, and we should never have witnessed the war which 1 is now wasting the South, ond over the dis tresses of which and the calamities which it has brought upon the country humanity mourns. , . . Shall wo in any emergency follow their ex ample ? Shall we so soon begin to distrust the capacity of tho people to judge for them selves ? Shall wo hero sit and establish the precedent which in the may lead to untold and as yet unforsoen mischiefs ? Snail wo practically make an exhibition of our disbelief of tho cardinal maxims upon .which popular government rests,- viz that the people are fully capable of distinguishing truth from error when both are presented lo their minds and are competent for self-gov ernment?,Shall wo so seep ourselves begin to establish" prceedpuli w1h!:!i .y/ill be sure one day to bo used to stifle truth—blind the pub lic mind—lead the people into,war, and de liver them over a willing yictiip.to.amhitious men who may avoil thbmaelvqs of.tho exam ples sot by patriotic men, as the ready means of destroying' public liberty? Shell‘..wo? Shall the courts appointed to administer the laws, -to uphold nil the rights 90514 red by tho Constitution, seo them, one by one, .struck down by military ordeuf, while the courts are “ OUR’ COUNTRY MAY IT ALWAYS BE RIGHT—RUT RIGHT OR WRONG OUU COUNTRY.” yet open, and your honors are yet sitting upon the benches, as a peaceful and quiet community ? I cannot, for one moment, be lieve it. . Although this principle of the liberty of the press is incorporated in every state constitu tion, yet I think the reason is more clearly stated in that of Massachusetts than any oth er. There it reads thus ; “ liberty of of the press is essential to.the security of freedom in a state, and ought not, therefore, to be restrained in this commonwealth.” The ■United .States Constitution simply incorpo rates the principle without giving the-reason which lays at the foundation of the principle vvherevor found.-. It is because it has been found in the history of the world and by universal experience that although there may be evils connected with it—and these are many—for there is no. unmixed good in 'this world—there is no blessing which may not be misused and become a curse—no great instrument which may be wielded for good which may not be used for evil; All these things arc incident to the condition of humanity. The real question is upon which side the balance is. Docs the freedom ol the .press bring with' it incalculably greater good on the whole than it does of evil ? Abused as it may be—mischievous as it is undoubtedly lit times and in some hands- —is there any se curity that any people can remain free whore it does not exist? Our fathers said it was es sential to llie security of freedom in a state ; and they chose, by. establishing 1 a perpetual guarantee for it, to have it with.all its incon veniences for the sake of the advantages, and on the whole they came to the conclusion, as England long since did, that it was at soluto dy essential in a free stale, in order to main tain it. in its free condition, and. that the ■ measures of the government —its affairs—-their ■acts,- - and-every other matter of public inter est should be forever open to the utmost lib; erty of discussion in all forms,-both of speech and the press. The public safety lays in the greatest liberty 1 in this respect. Individual minds may be misled and drawn astray in morals, religion or politics. That is inevita ble.; it. is I have said the condition of humani ty. But while,ono man may delude and lead astray his followers, other men will counteract him. The freedom of the press in other forms and in other men's hands will bo used to counteract the, mischievous Consequen ces of liis conduct. In ton. thousand ways mischief may and will 'bo done and yet humanity be a great gainer, and civil liberty will bo a gainer, and-the whole people..will eventually Como to a sound and right ;verdict, and, on the whole, out of the conflicting sentiments and arguments ot individuals, a public sentiment will be evolved, which, if undisturbed by acts of violence li.ke this, will ■ sweep the- country onward in the right course with irresistible force. I hold that Yallandigham has-been' the cause of a thousand fold more mischief than he otherwise could have been, simply' •because the government committed the error in sanctioning his arrest and trial by a mili tary court. - lie ’would have had hut-little.in fluence if Jot alone with multitudes who Will now follow- him, ■ Ilis.sentiments would have been 'condemned, wore, condemned by the great, mass ■of the people of both panties. Why is it that too now see public meetings like those held in -Albany,.Detroit,'.lndianapo lis,' and other. Cities, to express sympathy with him-and, condemnation of (ho.govern; ment-aml. almost lauding him, , and these meetings beldunder the auspices iff respecta ble. .men.and addressed by.able.ami influential ',incn ?. Why is ho adopted as a;.candidate.for ■governor in his own state by a. whole party, hut.ii small portion of whom before stood by his side? It is. only.'became the hand of power in his person has struck down, in public .estiqation aright which is held sacred.by all and deemed vitally essential in. our‘.form of government to public liberty., I have said that there is power in the government to punish licentiousness of the press Or of speech. There is, and can be, no argument, therefore, from necessity, even to justify this act of General Burnside. A man who slanders his neighbor may bo punished by - the courts for that slander’; a man who publishes a libel upon his neighbor may bo indicted and punished for the libel. It is fully competent for Congress to enact a law punishing licentiousness of the press— punishing libels upon the government, or upon public officers, or any other form of publication calculated to injure the govern ment and bring it into disrepute, or to throw obstacles in the way of its measures, or. tending to sedition and disturbance of the public peace. It may be impolitic, in a country where the utmost liberty of speech and press aro deemed so essential, to enact such a law.- But of the competent authority of Congress or the state authorities to do it there can bo no doubt I think. All these kinds of publications, and having such ten ; doncics, no man. has the-right morally; or as a good citizen, to make. Certainly all this is clear; but until .Congress or the states by legislation enact some law, ho is subject to no penalty fur so doing, and may legally do it. , , Although i under the;Constitution,: Congress cannot establish a censorship of the press, aiid has no right whatever to prevent or re strain any publication of any. matter what-' ever, yet it has the right to say that, if any thing be published ■ that tends to bring the government into disrepute falsely, to create sedition and turbulence, to obstruct the movements of the government or to cause other like evils, such acts shall bo punished by line or imprisonment, or otherwise, as by law prescribed. This is a right which Con gress has once exorcised. It was in danger ous times, as these aro dangerous times.— The violence of the.press was .unexampled, the people were excited,.and the government apparently became alarmed. It was when the,'French revolution was yet in, progress, and the Directory had been committing acts of aggressive violence upon our commerce;— There was in the country what was designa ted as,a French party and a British party.— In one of the ports of the country the French minister had commissioned privateers to prey on British commerce, and the country was fast being driven to war. It has in John Adams’ administration, and the times seemed to bo full of. peril at homo and abroad. Washington had boon, in his old age, appointed again commanderdn-chief to lead the armies. The q'ourt knows the state qf those .times. .What|,did Congress do .to 'remedy the evils ? How did it propose to control the violence of the press?- The mop then in authority wore the men who framed the. Constitution ; they understood its provis ions. Bid General Washington make a mil itary order suppressing any newspaper hos tile to the administration ? Did ho deem ho had the power to do so? If ho had the right to suppress one he had the right to suppress all. Ir. Gen. -Burnside may suppress the Chicago Times, ho may equally suppress eve ry other paper in the country. In the days of Washington and Adams • they never dreamed.that such a power existed in a mil itary commapd? r - -find yet a map of yostor- .CARLISLE, PA., THURSDAY, JUNE .*«> 1863. dayr-rjust endowed with the authority of a military officer, of no importance in the country a short time issues an order which strikes at the very foundation principle of all popular government, and sqepcnds the constitutionaj guarantee of free speech and free press. It was in 1798 that Congress passed an act to remedy the evil (instead ot resorting to a military order) which then prevailed, in which it.provided for— “ The incitement for punishment .nil, persons who should bo convicted of printing, writing, uttering, or publishing any false and malicious writing against the government of the United States, or cither houao of Con gress, or of the. President, with the intent to defame them, or bring them into contempt, or to excite against, thorn the hatred of the people of the United States, or to excite them -to’opposo any law or act of the President, to resist, oppose or defeat any law, or aid, en courage or abet hostile designs of.any nation against the United States.” That law came before, the tribunals of the country .and was declared t.o be within the constitutional-powers of Congress-to pass.— Tf might be applicable in all of its provisions to these times —and while a censorship can not.bo established, the evils of licentiousness are within the control of such a law.' Why did not the last Congress enact such a law if the exigency requires j-t? Tt was simply because the consequences of that law were -in their minds and memories. So jealous are the people of any restraint upon this -vital right of free speech and frea prc*ss.- that - the ‘administration which sanctioned thatlaw,and the party which ophehl it, sank under the odium of it. It was deemed by the people to be ah infringement upon the liberty of the press, hnd no parl y which advocated-it could stand before the popular condemnation of it. Tt was one of two laws which were properly called the alien and sedition laws. It was the cause qt the famous Virginia resolutions, and gave the ponular'strength to the Demo cratic'party of that day for a whole genera tion. A'ndyetit was a legitimate exercise of, power. 5 oou''tfi'«t>-4ield, mid. none.,l believe, doubt ]!:■, Congress is perfectly Aware ot the condition of the country find the.-necessity, if such exists, lo restrain'the license of the press. Why has it not passed the law which the exigency requires;? Simply f VpTohal)ly. because they dure not. The, fate oj Mr. Ad ams's administration and oflTho party which sustained it, and of the.politicians-who went with it, Jins been in their’minds, and no man dare advocate it. The people will not, a; they think, yet tolerate it. lo an its pleni tude of power, therefore, oven amid civil war and its necessities, Cougrcsa dare not pass such a law. What then? Shall General Burnside enact u law which the people will not tulerareTVum -their legitimate vopresonta tivea-r-a law under which, he is and -executioner—-where no jury, no court inter-. vcnes,. but at his sole command the citizen Is struck down, ruined, and that great right of .which Uio people lire more jealous than of all other*‘is teainpledun the dust under the -iron heel of-tho wdcUfvy ? . .... • - > .Can’ such an - order be the law of this Country. T' If so,* then from henceforward we may bid adieu to-liberty, ’ and all reliance upon constitutional rights and laws. No, it is not law, it is violent I Congress has not deemed it necessary.to re-enact the sedition laws, and what Congress, with the right and power to di>, has not deemed it fitting to do, ■General Burnside certainly cannot do-—nay, moviC, go farther and do wliat Congress itself cannot do, viz; to establish a cencorship<,and suppress newspapers at his pleasure. ■ But it i$ deemed a military necessity, per-' haps. . In Illinois, in a pwfound pcaoo with in its borders, with no hostile force even near her, busincss-going. on ;as usual, and courts open, and all- things,as they have been, a newspaper, circulating among peaceable citi zens, is struck down. .Where is the necessity in a military sense ? - "There cap bo none, or any pretense of any.. The act is unwise and ill-timed, and I believe and thrust will bo dis owned,by the govpwunent.-.lf,the govern ment adopt and sanction it as their practice, then, may it please the court, I think we may look for greater calqinitios-than any wo have vet witnessed —among ourselves, dis sensions,. and internal strife, . consequent weakness in the government, and, in the end, -as a result, a .failure to suppress t\ie rebellion —farther, ultimate separation of stales and the final destruction of the national govern ment It seems to me that these’exercises of*arbitrary powers musC ifpersisted in, produce these necessary result?. And it Ims been, that-the' government, may bo . admon-' ished, through the proceeding of ..this, court and its potion, that wo have advised an ap peal to the tribunal .and. that I myself; con trary to my desire and wishes, have conic be fore this court to-day. , is in the. hope that T may have some instrumentality', possibly, in averting the mischiefs which T think 1 foresee. „ , _ ;, i. Now I suppose that General Burnsuio Dqses bis-authority upon some pretense'of'martial law. Wliat is martial law? What are the powers of a military offieer situated as Burn side is? First, I think, of, all other considerations,, that the .Constitution Was made lor war ns well ns for peace, and it is binding upon the country at all tunes; that no .nnior-genen. 1 has a right, to .disavow his allegiance to it or attempt to defeat its -pio visions. His oath-binds him to support it; ho has no right, upon any pretext ot neces sity, at his own more will to disregard it.—- He cannpt say, wlfoTr hound by I.is,oath and his duty to sustain the. Constitution ui.ii. 1 its provisions-" I think that the Chicago Itmes is a mischievous .paper, and, therefore, the provision of the Constitution which secures the freedom of the press shall bo disregarded and held for He is ns much sub ject to the provisions of that instrument, and as much hound by it, as any man in civil life. That the Constitution never, designed that any of its provisions should ho suspended, except in ono, single instance, is clear from the fact that it gives to Congress the right to suspend the writ of habeas corpus during the time of civil insurrection and war. Wny did it confer that right upon Congress if, by the more order of a major general, not only the right to that writ, hut every other con stiliitiorml provision for the, protection of the citizen CQuhl ha suspended ? The right to suspend thd habeas .corpus, according to tho principles upon y.’liKtli PiiA-nsido aols, noea not have been bestowed,upon Congress at at). The Constitution itself is of .no.effect when it comes in conflict with his military policy. But wo aro troubled a groat deal with martial law, and again I ask, what is that hi\v ? Iu other countries it is well understood and clearly defined ; when it ia declared peo ple know wliat it is, and whore it is, and how far it extends, and wliat aro their rights under it. It seems to mo. that Mr. Cushing, while he was Attorney-General of the United States, laid down wliat aro tho true principles of martini law in this country. Ho says (“ Opinions ot tho Attorneys General, —vol. S, page 373) •, “ When martial law is proclaimed under circumstances of assumed necessity, tho proclamation must be regarded as tho state ment of an existing fact rather than the legal creation of that fact. In a beleagured city, for instance, tho state of siege lawfully exists, because the city is beloiigurod, and the proc lamation of martial-law in such a case is hut notice and authentication of the fact that civil authority has been suspended of, itself by force of circumstances; and ..that by the same force of circumstances tho military power has devolved upon it, without having authoritatively assumed the shpfomo control of affairs, tho care of the public safety and conservation. Such, it would seem, is the true explanation of tho proclamation of mar tial law. by General. Jackson at New Orleans,” ; This opinion establishes.the fact that mar tial law results from, tho cessation of the power of civil law, nnd that it extends only so far ns tho force of the civil law has censed to prevail. Ih the case of Gen, Jackson, at New Orleans, it was only declared within tho .military lines of his army, haying no force and effect beyond them, in .the military .department of .winch lie had command. This was simply because outside of-his linos and in all the rest of his military department tho civil laws were, in full force. Where flic army was actively, in- command and within its lines preparing to meet or to resist an enemy, then' civil law could not prevail, and,- as. a result,-martini. liny Of necessity took its place. Tlio principle, therefore, seems to bo clear. '.'Wherever, the country is disturbed by hostile .mdveqients, where violence reign?, ••whore armies Are;moving and whore, con sequently, civil lavvs cannot bo enforced,, where courts cannot sit or execute their de crees, it-becomes necessary that martial law, which the Duke of Wellington defines to lie “ the more will of tho ooinmdiider iii-ohief,” should take its place. It then becomes a necessity for the safety of -tho citizens and is co-exlensive only with the necessity. It is because there is no civil power, and the commander-in-chief is the only man who (tan.there establish order; his will is.tho law of that district. But it is only in that district, because'lt cumnit not utvro'. oWil laws are in full force. This ia martini' law as defined in all tho countries of Europe, and as it-has always, been ■■understood in, this country until now.. I will refer, for a moment,- to tho law of several countries in Europe upon this sub ject: “By tho twelfth article of the -French constitution, re-establishing the ’lmperial dignity. The. Emperor ■ has tho right to declare a state of siege (the French term for martial. law) in one or more departments, subject to a .reference to the Senate with the least possible delay. ’lt is. provided that the state of siege can only be declared in-case of imminent peril, for the internal and external security, and that the National Assembly can alone declare it, except that the. President, of tho Republic may declare it during proroga tion of the Assembly, subject to immediately convening the Assembly for.the consideration of it. .It appeal s, therefore, that no military man in France cirri even declare any part of Hie Empire under martial law. It furtlier appears that tho declaration of the stato' of siege, when made oven, by the Emperor or legislative power, must indicate tho communes and the department to which it applies. -In special cases governors of, colonies and com mandants of military posts may declare a state of siege, but they tiro to render an. iinm.cdinto, report, and, if the gov.eninicnt does not think proper to raise the siege, a proposition must immediately be made by ■ the government to tho legislature to jjiaintaiu Juternalioual Lau\.pdgc 521. I-,''. ' ,•! Those-are the provisions relative to martial law'in a country where wo are' accustomed to think little Regard is paid to individual rights, and tho Emperor is esteemed a despot. It will ho seen, however, at. once how care fully ills power is hedged around; and. how small 'tlie limit which is left for military men to 'exercise arbitrary power. .._ . ■ “The coiistiiution ol Belgium, expressly provides that the King has no oilier power than that which Hie constitution and the laws, give him', and the constitution cannot bo suspended in whole or in part.”— Wheaton, page 521.' ’ ■• The organic law of Italy prohibited the King from suspending ordispeqsing with the observance of any law, and-in tho war of 1539, when it was requisite for tho very ex istence of Sardinia Unit tlie.King sliould’ he invested with extraordinary, power, his min ister, Gavour, asked of the Chambers full ipower.fyr tlie King, including tlie right to' suspend tho liberty, of the press'; and on doing so, ho stated, that the institutions ol the country would remain inviolate, and tlie question was only with regard to a momenta ry Wheaton, page 21. “ • " By the Spanish constitution, it tho secu rity of■ tho stato should require under extra ordinary circumstances tlie temporary sus pension of the monarchy (Spanish term jor martini law;) or any partuf it, the suspension shall bo determined bylaw.”— Wheaton, page 521. ; These citations from,tlie laws of countries were the principles of civil liberty ns'we have supposed are less understood than hero, show both the’ nature of martini law, how little power is left there to military officers, and luhv carefully all the rights ot tho people tiro guarded against them. . The Constitution, by conferring .military power-upon tlie President, of course means a power consistent with the other powers and provisions ot that instrument. It givbs tiim no power to abolish, by virtue of bis military power, tho Supremo Cobrtor.other.tribunals. It gives him no powap-fo sup'orscde:Ooiigress inTts functions and take upon himself tlie legislation of tho country—all of which .ha may do if ho can set aside a single provision of that instrument. The doctrine that, once, in war, the military power is supremo, and ,iiat tlie Constitution arid the laws are not to e regarded by it, opens a door too wide to he tolerated for a moment. Martial law cu be rsedes really no other law ; biit in a dis pturbed country, when civil law cannot ))0 enforced, and so far as tlie civil law has.be come of no effect, tlion,.apd then tial law—the law of . force whore there ,is no other law—must of necessity supply i ts place, When theattompt is made to extend it beyond that necessity, and supersede, without neces sity, tho civil law in a quiet and peaceful community, it becomes usurpation, puro and simple. . Ilcre yAur honors know thut no mftrtiai law has boon proclaimed in this state. Tho civil law. is in full force, regularly executed ; there is no army within its borders, no vio lenco among tlie people; There can lie no possible reason, therefore, why martial law should bo proclaimed. It cannot bo pro claimed where civil laws aro in.fuU force, lie cause it is only a oonsequenoo'.uf the failure of civil laws. ~ . And yet, in these oircumnti'.ncos, Major General Burnside makes an order in Ohio, rybioh is sent hftf fr fn'Oitky Wft b* executed, nnd a citizen is mined, an impor tant provision of tho Constitution violated and the rights of the people of this state invaded. No pretense even of martial law under which he con shield himself. A dec laration of martial law would not bo tolerated in this state in its present circumstances. — Can an officer, then, who dare not proclaim martial law, where there , is no occasion for martial law, act as if his will were law, and substitute it fur tho constitutional rights of 1;ho citizen,,and commit any act of violence which he mny decm expedient—lay his hand upon any citizen, destroy his business, and ruin or imprison him .at pleasure? To my mind it is the most arbitrary attempt at usurpation—a bare, naked exercise of mere I force without law ,and against law--which has ever been witness in any country—sim ply and purely, an act ;of arbitrary power without any 'justification whatever. ’ There is ouo feature in the law of France -to which I wish to allude. Sometimes it happens, when- martial law is. declared in Franc?, that within the limits of the martini law a citizen, not connected-With the army, is brought before a, military-.tribunal. In those cases, by tho’law of Franco, the judg ment of the military, tribunal is’ not final.— There stands a power between the citizen and the military. The citizen may always appeal from the military court to tho civil tribunal ojjtho country. Under that law, tho . case which has recently happened in this country, of’Vallamliglmin, might have been appealed from the -military tribunal to tho, superior civil court, sn jealously do they guard'the .right of citizens there. Hero, if tho practice of Burnside is to become law, the pditor of a paper may he tried, in his ab sence, without even the security which mar tial law affords, by being tried by a,party of res; eatable, officers, and execution visited him oven before he. hears of his offense nnd trial. The entry, of a file of soldiers into, his print; . ing-offico may ho tbaflrst.noticoo'f ajudgment against linn"from which ho cannot appeal, and against which he has no redress. I think ! do not speak strongly, when ! say that.if this is to ho the state of our country, if liic-o tilings continna ta lift done and.bCr ' coine frequent,—the apprehensions of' the people of,these Northern States will render it difficult for thorn to yield, that respect and obedience to the■'government which should be-duo to.it.- -There will he danger of resist nnce to such officers. Tumults will arise, in consequence of such .-acts, and in the end there will he danger that civil war will he brought within tho range of our own homes and close to our own firesides. . Acts like these have alwa3 r s a tcndeuc3 r to create alitrm and. stir up resistance. I have commented upon tho safeguards which the laws of other countries have thrinvri around the citizen in those,emergencies when militniy law becomes requsite. I might-havo, given'other instances,from .countries which. , wo doom, despotic, where we are accustomed , to think that tho liberty of the individual is i held to he of hut little account, hut have not ; deemed it,necessary. In them ail, tho rights ■ of the poonlc against military authority are , ■guarded .with.a thousand limes more care than in this country, il suoli things as these arc to ho deemed lawful. If things may he done lawfully, all individual rights, all the protection of law, a’.l the safeguards of the oonstU.iitiop, in the remotest part of the coun try, go down before a military order, .and, - wlier.eever a-military -man sees fit to strike, all loyal men are expected to applaud,—all others are branded as the eneniios of their country. For myself,.T'cannot fail hero of. elsewhere and ever, in the same circumstan ces, to make’my earnest protest against the .exercise of a power like this., .JJcforo closing I.cannot forbear to remark upon the'justification attempted by General- Burnside, for’ theso.acts undor;Ui-der No. 90.: lie there -states-that freedom of discussion and criticism, which is proper in the politi tinn and the journalist; in time of peace, he-, comes rank treason when it tends to weaken tho confidence of tho soldier, in his officers and government.' 1 had thought.that it belonged to tho la.w. todefine treason, and it is difficult for a man to, believe that any officer of tho army can have been.so.affected-by’any criti cism upon his own’conduct, as to-class that freedom of discussion and criticism proper to journalists in time of peace, and which is the right of all, as among tho crimes to bo pun ished like treason—what would ho say and how would he treat the-members of the Sen-, ate who have set themselves’up ns censors of the conduct of military officers ? What would -lie du with those won in that body who as sailed and criticised so fiercely General McClellan while at the head of the army and iii active campaign? Would ho.do as Charles - the First did when ho sent his file of soldiers into the House of Parlimont to arrest the five members for their outspoken comments, on his government? lie perhaps should bo re minded that that not of the-sovereign.con- ; trihutod to tho loss of his crown and his head, j And yet tho.priuoipla upon-which General ( Burnside acts would carry him that,length. If he may lay his hand upon tho editors of the Chicar/d Times, ho may equally do so. and . fur the same reason, upon Senators guilty of treason-according to Ins definition. His or der only shows how easily, sometimes,-a man intrusted with largo power, to which he may have proved inadequate, may in? driven to exorcise that power unwisely, even by fair and just criticism upon his conduct; for fair amj just criticism in such a case may weaken tho confidence o( ,liis soldiers in him. The only safeguard against military liuthori tv therefore is, in their obedience to and re gard for law ns is proper in tho case, of all ■others. A disregard oflaw and nfindividual rights has led this officer into difficulty, and will also others who sot up their judgment as to,,what is expedient, against the positive requirements and safeguards established by tho law. In making these remarks, it is not my intention to question his patriotism or his honesty of purpose; ho has doubtless been misled even by his earnest purpose, and per haps by the want of a full knowledge.pf Ins rights nnd duties as a military-commander. I do not wish to .detain the court longer upQn.this ouestiou. More has been said than was necessary, before this tribunal, winch is more familliar with these principles; but those are extraordinary times, and we have seen one court iu this country sustaining the extraordinary principles for which'General Burnsido so earnestly contends in Ins milita ry orders. I allude to Judge Leavitt s decis ion who seems fully to think that both tho Constitution and tho law must give way to whatever order a military man ihay deem necessary or expedient, to promote his mili tary policy, though civil rights, liberty,.freo dnin of speech and of the press are all viola; tod, and that in a country even where there is no such exigency as requires tho exercise of martial law and where all the machinery of courts and offices for the repression and punishment of crime is in full operation, where tho lawsate perfectly enforced, and, where, if'they he inadequate, there la still competent authority ’ to amend, alter, and phange them. And yeUp t>h«j« CltOttastia.- ces, strange'ns it may seem, a-judge has been found to decide that laws are wholly inade quate—that in n peaceful, quiet, well regu lated community a military order shall ndhrp the place of law—nay, abrogate law, and violate all the rights of liberty secured to the citizen by them. There can be no necessity growing out of the state of the country or the state of the courts for such acts, an .'this western country, certainly, the judges of .'the United States Courts are rtll loyal, most earn estly so. The prosecuting attorneys and offi cers of-such courts are Republicans, and all disposed to go to the eztremest limit of the law to support tho government and to punish any man who thrown obstacles in his way.— And, in courts, so constituted, there can be no difficulty in convicting .any man who may bo guilty of any. offense against the acts of Congress or the Jaws whicli-prqvide.fQr rai sing thb forces and the means for the effeo- I'tual: suppression of this rebellion. Jfowcah Tt.bo, therefore, necessary, in any sense, ei ther to proclaim martial law, or for General's ; to act as it wo,uld bo their duty to act when civil law bad come to an end and their/wills substituted in its stead by-actual martial law? In tJ'.o case now before the Court,;! believe there is no question th.at the .allegations con tained in this bill are sufficient to entitle its to the relief asked, provided this order of General .Burnside is unauthorized. They present a case of extraordinary emergency,--- that of a man whose business is destroyed, and his means of livelihood cutoff.' He comes before this court and asks it to save him from such ’ qycr-n helming ruin,—ho asks it.upop the double ground of damage to himself of an irreparable nature—ho asks It .Hecauso the nature of hjo business entitleshim to the protection which the'Constitution'has guar anteed to him against any invasion’ of tho liberty of the press,-from whatever, quarter it may come—he.asks it because (ho rights of every subscriber to his paper are invaded and violated’ by -this order—ho asks it because a fight is invaded which has always, beep held sacred by every man of, the Anglo-Sax on nice for two hundred years—ho-asks itop behalf of, every :.citizen o£.thp United States jvhoso rights in-tho doctrine of the freedom bF the press and of speech are equally aft sailed as are his. He has no doubt, nor has his counsel, that .his and the rights of all others assailed'in his person will, bo fplly vindicated by the order of this court. ■ TaOPICAIi-yEGETATION OP TUeA.IUZON. — Tho magical beauty of tropical vegetation reveals itself in all its glory to the traveler who steers his bo.at through tho solitude o-i those aquatic mazes. ; llero the forest forms a canopy over.his bead*! there ,it ■ opens, al lowing’ tho sunshine.to. disclose tbe secrolo of tho wTlderriess; while on either side thp eye penetantes through beautiful vistas into the , depths of. the woods. Sometimes on a .high er spot of ground, a clump of trees forms ah island worthy of Eden. A chaos of bush ropes andereepers flings its gay flowers,over tho forest, and fills tho.eir with the sweetest odor. Numerous birds, partly rivalling in beauty, ot color.tho passi.fioraa.-and hignonaa of these hanging gardens, animate the banks of tho lagune, while gaudy macaws perch on the loftiest trees ; and, as if to remind one that death is not banished from this scene of Paradise, .a dark-robed .vulture screeches, through tho woods, or tin aligator rests like a black log of wood or a sombb rock, on the tranquil waters. Well he knows that fbod • will-not ho wanting—for river tortoises and large fish tire fond of retiring .to these .I=.- gunes. If,the ‘Nile—ao remarkable >fqr ns historical recollections, Which carry us fcf hack into.bygone ages— —andth e d'haijics, nn paralleled'.bv . tlje igreatnosa of a commerce which far. eclipses ‘that of ancient Carthage and Tyre— may-justly bo called the rivers of the past and the present.th.o lm.s equal claims to be. called the stream of the future ; for a more splendid , field nowhere lips open to the enterprise of' man.—i/is Tropical World. , ■ [£y Talking to boys in public meetings b getting to be an art and science. Billy’ Ross is a-"rent I'eoipdranco.leofurer, arid atßusb villerillinoie, prcaolnpg to the young on his'favorite theme.: : 110 said.: ‘ Now boys when I ask you a question to,- musri’t bo afraid to speak right out.and an swer mo. When you look around and sen all these fine houses, farms, and cattle, do you ever think who owns them all now?-- Your fathers owns them all, do they not V • yes sir 1’ shouted a hundred voices. • Well, whore will your fathers.,l}9 twenty years from how-?’ - ‘Deadl’ , ■ ■ • Thats right, ipd-w)jp. Wip oym all thi? proproty.thon ?’ , ‘ Us boys!’ . .‘•Right; ■Now.fell me did ydu.eyer.jn «> inn- along the streets, notice the drunkards lounging around the saloon doors whiting ft/r Somebody to treat them V ‘ Yes, sir; lots of them I’ • Well, were will they be in twenty years from now. * , ‘l)ead 1* exclaimed the;pojs. . ... 4 And who will be the drunkards then: ‘ Us hoys !* . Billy was thunderstruck forn moment; but recovering himso IfUried to toll theooys how to cscape such a fate. (£7* One of the young upstarts in a Wash ington hospital approached a wounded soldier, felt his lug, and said, in a tone that implied an end of the matter, “ That ball can’t bb extracted ;we must out off the leg.” “ -A'O sir ” said a bystander, “ you don’t out off that leg Ho is my friend.” The patient was removed to the care of a good surgeon—ops not connected with the army—rtho, ball was readily extracted, and the man is now well, with one leg tporo than he would have had, had.fya.pot .chanced to have a, resolute, oomipqpissnsa-friend at his bedside .at the eiital ,moment. This is but one case of thou sands, but unfortunately they have not all terminated so luckily for the poor sol diers. OCT” Sidney Smith's wit was so exuberant* that it.broke out even on the most solemn occasions. When bidding fareyvell’to a mis sionary who was just starting for tliaCdnibal Islands, the clerical jokersqueezinghis hand affectionately, ronaarked—“ JXy'friend, I Imps you will agree with the man who Cats you” Two daughters of John Bell, of.Tennesss#, recently came through our line tosome of their friends in Philadelphia. _lt is stated that upon their nrrival.in that city, they were completely amazed at. the; indications of abundance and- prosperity. ’ /f . ! -i Which is worst orr.—The Grand Sultad has three hundred wivee-—th(j-Pope has none. 0” lf a pair of glasses *• one a spectacle ? And if is' a }** allow fee.a sight-,! ■ : " ~~~ -■ NO . i
Significant historical Pennsylvania newspapers