1TTW A
nfflMOOR AT
win m- i m
JU1
AND BLOOMSBURG GENERAL ADVERTISER.
BjKVI Jj. TATE, Editor.
TO HOLD AND TRIM THE TOUCH OF TRUTH AND WAVE IT O'ER THE DARKENED EARTH."
TERMS i 82,00 PI3I6 AWWUHL
VOL. 16. NO. 46.
BLOOMSBURG, COLUMBIA COUNTY, PENN'A,, SATURDAY, JANUARY 17, 18(53,
VOLUME 26.
Columbia DBMOCRAT.
PUULISHKU EVKRY SATURDAY, UY
LEVI L. TATE,
IN DLOOMSBUnO, COLUMBIA COUNTY, PA.
p l?lTa 15
In Mr- iimo Urlek nultdliig, opposite Ihr I'lehaxpc, bj $bh
ftht Court Hum. "Democralie llcai (inartori."
TfltlMS OF KUHKOniPTION.
jl fin In mlviiiicf, fur imo copy, fur nix months.
1 7" In tulvniur, fur onu cupy, nut' yusr.
'1 (19 If mil ul'l within tliu rtrat tlircii mnnttia.
2 5.1 If lint paiil within tliu Ilrnt all lnuutlm,
J .VI If nut paiil ltliln tin year.
tfjr N'o riilKcrlptinn taken for leis tlmti lx liinntlm,
mil no paper iliscuiilintiuil until nil arrearages tlinllUnvu
liiM'ii pniil.
Anvmirwi'Mrit. insTtnl cnni.plciint.y tit oncdnllar
n r F'l'i-irc, of 10 linen unrli. for til" three lift i m scrt Ion s
an I liventv-.llvo cents, p-r - eire. for avery suWrnuuiil
t tisi rtimi. until orleriMl illi. i.titiniiail,
Jon Wi.iik. of o rry ilcm-rlplinu. iiuntly niiit cheaply
xeculatl ul tliu hortet notice.
Synopsis of the Governor's Message.
()i vernnr Cumin's Second Annual Mes
ditrri' was cmuntunio.ited to t!io LeK'ndature
mi Weiluo-d.iy last. According to cuMuni
it uicni w.th mi rxiiil.it ul' tliu State liimn
cm. Tin Tioasorv cimmruccd tlio lust fis
0 1 veur with a credit b;iliui(ji!
of 5.1,051,005,712.
The receipt from nil smitees
ilurins; the year, to Xi.tf .
30, 1.-02, wero 5.121 1 .713 H3
Mukini; a total nf ?G, 703, 353 ,35
Tor tlio .nm your the ngero-
;ttte cxpcioiiluies were -1 5011,100,25
Li'.iuti).' n lialanee in thoTrea
mji.v. X .v :'., 18H2, .,f $2 172.8-11,10
A onion ot' these roeoipts and espendi
tni'os win cstr lorilitmry mi ncoount of tlio
v.ur. The nc'-nuut current of ordinal y ro
uoipti ami expenses stiuiil us follows:
Ki-c ii.tr f.oiii mdiimry souro-
?-t,017,y:2,30
Rxpenditnre-t) on ordinary no-
count.-., 3.0?3,1 10,01)
Leaving an excess of nriliimry
rocpipix owir ordinary ox
i.cnses . f , S'Jo 1,712,33
A i i.ui . i ioti of the receipts f l f in ru-Jina;
r s u-ves I .r t if two years emting Nove.n
li.-r. U'.1 and 1W.2, "ives the foMovving re-
nits:
ll.-oionti (ruin ordinary income
It,..'. $4,017,822,39
i - from ordinarv inouni ;
' 3,017.015,57
I'l-ifjn nf nrdinary incoinn
IS 12. $1,030,170 82
'I is . crti.iolv a iery Kniti(yin oxh'tliit
f r a n' lt "I vi-..r and for a Couiinmivvealili
oiw to. iv ali-cnt m tlia U.'ld of cosilliot
, it c- ti.nn one linndri-il tli.iu-and of hr
t.. .j-'.-t .1 . -pill it'.on. To ini!ri-ae htir in
. ..a,.- . ( i- a million of doll ir-, or mure than
, ,rt v i'.r i"'i' 'it . . at mihIi a piirind, eer
ii'iilv ir.. us it w.altli of res iiirec-f and of
fii'iie-. mat w f ti lil he hard to parallel in
:ti v 'i.iio in the wide world.
Tom vvl ule-oile e.. minion of the Cnanccn
. i ill,- (' ,;i inoinvi'alili induces tlio (iovornor
t mi?"' ( a revision f tlio Siato llovrmio
Jiiivh. 't'ho L'visiii'iiri. thould net on this
h tit, 'is the I i -v h rufurroJ to aro in sad want
ol i-euMt'ii iinvhovv.
The .n,h, d-lit. Djei'iiilier 1, 1302, was
S-i0,'l IR 13 What an nh-tinfiio sum is,
that f.ttv M.llii ns ! Wo luve Iibcu reducing
. ur .icl t'lcr mure than a decade ; lint as it
vas forty milion in the ftart, no it is forty
millions Mill. Having, in timo of peace,
,T ,i H ,i "in (o -.'.uue tinny l-.iii, ui.ii.uii-.,
ha su nns h.iel: to the olil point tlinmRii tno
nei rvMtv oi tnatiii' me iuiiiviu ;"..
tlu-ire. millions t) arm andciinip onr soldiers,
nod to oruat izo the tcluritms old Reserves in
tlio spring and Milliliter of lSiU.
Arfi.n-t Hie deht wn havo in the Sinking
F.n.i, lamds ..f the 1'onni.ylvania Utilroad
C.'imanv, the Snolinry and Kiio Railroad
Cooip.iv." and the Wyoming Canal Company
urn untin to $10 781.000; and from tho
li.vllai.Pfl of over two millions now in tho
finite 'lieiinuy and fr in our incre.niug rov
ci.ite tliers can ho spared (if no unforeseen
eiiiei-freniiy occur-) almut mio and a hlaf uul
liiins'iri the current year tovards liquidating
the dept. L'nder mioIi a cuudition of aflairs
even idl Smsnv Smvtii were ho alive,
would have to nckiinwlcdeutb.it tho "Qua
kers', aro in a f-ound financial conditon.
1). ..Ii'.n.ti'a mini a nf tho United
f-'tutes direct tax, under the Act ot uon- couimuuicaie to you inu uunuiuuu ui mu
z -Css of August' ft, 1802, was 61,040,710, State. 1 cannot do this without speaking
;j ) ' Thii has all been discharged by the j of our Union and of tho war which afflicts
tit ito mainly in the form of advances to I our country, and which also affects tho ex
oar vui.uors for the service of the United I tended commerce of iSew lork; taxes all
"""j"
. ;,, ,..-t hv a direct annropria-
t , mi
fi-om the TrcttMirv ot saaii,iuu.
i nero is a sum of three hundred thousaud
r'ollai ti I due tho Stato from the I'liited
.Staler which will nearly cover this direct
" " " - .. .
p-jvinent
Our State was the fir.-t to pay
ti.ts . niio t tout aU-
d'ino- directly to the burdens of taxation on only is tho uatioual life at stake, but every
'-..'ale-tate, which wa the sole subject of personal, every family, every sacred mtcr
hIo direct lax. Under the Ezcho law of ! est is involved. Wo must grapple with
h.-r (Hiota, and
July 1, ln02, tho direct tax is limiieu io
oao year, so that the people of I'enusylva
i.t.i, through tho mode of liquidation ad
fited by tbnir authorities, are not likely
to feel the burdens of tho tax at all. bo
.nueh for the finances which, as thoy touch
the pocket norvo of the people aud involve
the credit, industry aud property of the
Staio, are of the first importance.
In miscellaneous mattors wo note the
Mlowiiv Biibjcot treated in the Messago.
Ono hundred and ninety nine miles ot tho
.t'hilndelphia and Erie Rail Road aro
nished loaving to bo competed cighty
ino miles, of which nearly all is graded
. ,d ready for tho iron. The Governor
Milnks thoro are more incorporated bauhs
i tho Stato than publio convenience rc-
uires. So do wo, and we thereforo seo-
id his motion in taking the Legislature
. .t ot t'i it tumicy making businoss. no
of the epinion, however, that the w
t"i!t provisions oftho law for payiug tho
. '? ' ... U Stnln debt 1U a SPCCI8
. uvalont falls too heavily on the banks,
I ho invites tho legislature to their ro-
moneys appropriated by the mun
tl authl.rit.es of Philadelphia a, T tho
.mrnissWiiors of sorno of tho couuties, a
bounty to encourago enlistments, tlio Gov.
suggests should rcceivo some Legislative
attuntioiMrith a view to equalizing ex
pense which opcratoil equally to tlio advau
tago of thu whole State.
Prior to tlio call of tho President for
troops in July last, Pennsylvania had
furnished tho armies of tho nation with
otic hundred and ton thousand men.
Winco that requisition she Ins sent forward
forty throe additional rcginionts, two com
panies of cavalry and three batttries or
artillery. That is all over and above tho
number furnished by the draft, which tho
Governor says was eutircly successful.'
Ilia itatcmoiit of the aggregate number of
troops furnished by the State is two hun
dred thousand. Europe will plcaso tako
notico that this enormous army is from one
single State of tho American Union.
A number of other matters aro noticed
in the Message which wo must dispose of
brilley. Acknowledgements are niado to
tho uiillitary who responded with such
patriotic promptitude duiing the threaten
ed invasion of the Stato by Lee's army.
Thcro were fifty tnousaud of these, and
measures aro in progress for their pay
ment. Credit is given to tho Anderson
Cavalry, and to Generals Roynoldsaud
! Andrew Porter, for their services on this
I occasion. The military law needs recou
jstruction. This should havo been dono
I in 1801, if not before. Tho Pennsylvania
, Railroad Company's contribution of fifty
I thousand dollars to the Rounty Fund was
declined by tho Governor lor want of
I authority to accept. He suggests that it
' should bo devoted to tho erection of an
asylum for our disabled soldiers. Tho
I Rroad Street Railroad Company has been
I proceeded against by ifiio ivn runlo, and
I information has been lulled by the Attor-jney-Gcncral
to restrain that entorprising
.corporation. A suggestion is made to
amend tho Constitution so as to enable tho
, volunteers to vote in camp. The Govern
or invites the attention of the Legislature
to an Act ot Congress donating lands to
huch States as may provide colleges for tho
benefit of Agrieulturo and Mechanics.
I'h ila'U I ph vi Inq u i er.
Message of Gov. (Seymour,
OF NEW YORK.
i Delivered Wednesday, January 7, 1803.
i To the Skxate and Asskmdi.y :
' We meet under circumstances of unusual
solemnity to legislate for the honor, for the
interest and for the protection of the peo
ple of the Stato of New York. The oath,
which wc have taken, to support tho Con
' stitution of the United States and tho Con-
stituliou of the tstato of New York and to
perform our duties with fidelity, has at
1 th'n time especial significanec. It teaches
us to look upon each ol ihc.-e Constitutions
as equally bacred, that each is to be up
hold iu its respective jurudictions. At
this timo, tho power of the ono is operly
defied by armed rebellion, while the other
is endangered by the confusion and discord
growing out of civil war. This "oath,
declaration or test, is not a mere core-
moi:,i .
it is a part of tho tenure of tho
office wo hold. Until we have thus sol
emnly submitted ouiselves to tho com
mand's of ihcso iiutrumcnH, giving up
our personal views and opinions and pledg
ing ourselves to obey tlair requirements,
we aro not permitted to perform one official
act.
After this paragraph, the Governor goes
on to discuss at length the questions rela
ting to tho finances and other local ques
tions pertaining to the State of Now York ;
and which for that reasou wo omit : Gov.
Seymour then proceeds to discuss, Ed.
NATIONAL AFFAIIIS.
Tho Constitution makes it my duty to
. . .i:.:. c ,i.
its cursuits ; has tauon moie man
00,000
fields ; aud
i men ironi our tiuusuuja uu
1. !
lias carricu
mourning into tne nomes oi
our citizens. i tie genius oi our govern
ment and tho interests of our pcoplo do-
;iand that tho ii?pccts ot tins war bui.uiu
i ' . . t 1 1 .1
ho discussed with enure ueeuuiu. ivm,
tho great nuestious of tho day j wo must
confront tho dangers of our positiou. Iho
truths of our financial and military situa
tion must not be kept back. There muit
bo no attempt to put. down tho full ex
pression of publio opinion. H must bo
known and heeded, to enable government
to manage public affairs with success.
There is a ycaruing desire among our poo
plo to learn their actual condition. Thoy
demaud free discussion. This should bo
conducted in an earnest, thoughtful, patri
otic spirit. Hie soieinnny oi inu uccusiu..
mid tho suflcrimrs ot tlio
war, suouiu ru-
tlm virtue, tho intellii'ouco
aud tho
....trlntism of tho American people.
Tho
ilcoay of theso havo brought our calamities
upon us. There aro now no causes for
discord that havo not always existed in
ourcouutty, and which wore not felt by
our fathers in forming tho Union, ihoy
had tho greatuess, tho magninimity, and
virtuo to compromise aud adjust them.
Tho valuo of tho Uniou thoy then formed
has proved to bo groator thau thoy hoped.
Yet wobecatnoiudifferont to it when wo
were in the full enjoyment of its blessings.
We became ignorant of tho character and
resources of our own countrymen wlnlo
wo had tho full benofit of au uutrauinicled
commcrco with all sections of our land.
It was when the world was astonished with
the power aud wealth growitn; out of our
national Union, tho sectional prejudices
and passions wcro active iu destroying
fratornal affections and (.-onerous lovo of
our country. Whilo wo boasted most of
our intelligence, there wore those persist
ently and laboriously engaged, through
tho press and in legislative halls, iu teach
ing the people of tho North and South to
undervalue aud despise each other. Hos
tile legislation and the division of our
churches impaired religions and social in
tercourse. If the North and the South
had understood tho power nnd purposes of
each other, our contentions would havo
been adjusted. This misapprehension, so
bloody aud terrible in its effects, was sys
tematically aud laboriously inculcated.
CAUSK3 OF TlIU VTAK.
Affrighted at the ruin thoy havo wrought
tho authors of our calamities ut tliu North
and South insist that this war was caused
by an unavoidable contest about slavery.
Tiiis has been the subject, not the causo of
controversy Wo are to look for thu cau
sc's of this war iu a pervading disregard of
the obligations of laws and constitutions,
iu disrespect for constituted authorities;
and, above all, in the local prejudices
which have grown up in two portions of
tho Atlaniic States the two extremes of our
country, who-c remote positions have made
thorn less well informed, and whoo inter
ci ts have made them les considerate, with
regard to the condition and character of
our whole people, than those livinir iu the
irrcat central and western scciious of our
Uuion, Thure is no hono.-t statement, of
our difficulties which does not teach that
our people must reform themselves, as well
as the conduct of the government and the
policy of our rulers. There is not a cal
amity we aro sufi'urin? which was not
clearly fortold by our fathers, as the result
of the passions and local prejudices which J
have grown up duuug the past lifteon
years.
It is not too lale to save our country if
wc will cuter upon tho sacred duty in the
right tpirit and in tho light way. When
wo do so, the effect will be seen and felt
throughout our land and by the civilized
world. Wo shall then .strengthen our gov
crement; wo shall waakon the reho'lioii :
we shall unite our people; and thu world
will recognize our capacity for self-government
when wo show that wc are e.ipa
ble of self-reform.
ur-spiXT roil laws and nui.Eits.
In tho fir-t place we mii-t emulate the
conduct of our fathers, and show obedience
to constituted authorities, aud respect for
legal and constitutional obligations1 ''The
Very idea of tho power aud right of the
the people to establish government pro
supposes tho duty of every individual to
obey the established government." Yet a
spirit of disobedience has sapped the foun
daiious of municipal, stato, and national
authority in every part of our land. It
is not only the underlying and prevailing
cause of tho war ; it is also the immediate
occasion of our calamities.
When tho leaders ol' the insurrection at
the extreme South say that frto and slave
states cannot exist together in tho Union,
and when this is echoed from the extreme
North by the enemies of our Constitution,
both paities Miuply fay they cannot, be
cause they will uot, re-pect the laws and
the Constitution. This spirit of di-loyalty
must be put down. It is inconsistent with
all social order and social security; with
safety of pen-ons and property.
In order to uphold our government it is
also necessary that wo should show re.-poct
to the authority of our rulers. Whilo
acting within the limi's of their jurisdic
tions, and reprc-cutiug tho interests, tho
honor, aud the dignity of our people, thoy
aro entitled to deference. Where it is
their right to decide upon measures and
policy, it is our duty to obey and to givo a
1 , .i .!.. .1 'it.: :.
reauy support io men ucciaiuns ins is
a vital liiaMtn of li'ierty. Without this
loyalty no government can conduct public
affairs with .success, no people can be safe
in the enjoyment of their rigths. This
duty is peculiarly strong under our system
which gives the people tho right at their
elections to sit in judgmettt upon their
rulers, to commend or condemn, them, to
keep them iu or expel them from official
stations.
This war should havo been avcrled ; buf
when its flood gates were opened, the ad
ministration could not gra-qi its dimensions
not contiol its sweep. Government was
borne along by tho current, and struggled
as it best o uld with the rc-istlos.s tide.
Pew seemed able to comprehend its mili
tary or financial problems. Honeo wc aro
uot to sit in harsh judgment upon errors
iu conduct or policy.
Hut while we concede all ihcso excuses
for mistakes, wo are uot to adopt errors
nor sanction violations of principle. Tho
same causes which exteuuato their faults in
judgment mut mako us more vigilant to
guard against their influences. Unusual
dangers demanded unusual vigilance
IICOSOMY AND INTIKllUTY.
Economy and integrity in the adminis
tration of affairs aro essential at all times ;
they aro vital in periods of war. If tho
power of tho pcoplo to sustain tho expen
ses of war ishrokon down.it is vain that wo
havo sent our citizens into the fiold, and
that thoy havo s'icd their blood in unsup
prrtcd efforts to savo our country.
The opportunities which a stato of war
gives to uuprinoiplod men to proy upon
tho publio treasury, and the difficulty of
chcoking their sehomes. must bo borne in
mind, whou wo judgo tho integrity of our
rulers. Rut whilo theso difficulties should
shield them from harsh judgment, they aro
additional roabons for vigilanco aud caution.
It is in tho nature of war to croato power
ful financial and ambitious interests, eager
to prolong its duration. It is ono ot its
chief dangers that it builds up au activo
class who gain power and wealth by tho
taxation imposed upon tho labor and prop
erty of tho mass of citizens. This organ-j
ized class uo the uatioual trcaimry to sup
port schemes of pluudcr or ambition, aud
tho taxes wrung from the people aro thus
made to piolong tho state of war and mil-
itary government. The power of our ru
lers to avert these influences must bo aided
and strengthened by tho most ample expo- ,
sition of financial affairs. '
Extravagance and corruption aro viola-1
lions of tlio taith pledge of t lie public cred
itors. Tho money loaned to tho national
treasury was not In ought forward at a
time of peace aud conlidcnco, but in a time
of doubt and danger. These claims aro
held by tho rich and the poor. The
auiounls owned by corporations represent
he intresta ofwjmciiand children, the
aged and infirm. The right of our sol
diers to demand economy and integrity is
of tho most sacred character. Never in
the history of tho world havo armies of
such numbers been made up of thosu who
voluntarily loft prosperous pursuits aud
happy homes to buffer the dangers and
piiv.itious of war. Whou defeat or do
st luction of life by violence or di-ca.-e
thinned the ranks of our armies, they
promptly and freely stepped lorward to
the rescue ol the country's" flag. A fear
ful crime will bo done by those who shall
suffer national bankruptcy to turn into dust
ai.d ashes the pensions aud bounties thus
gained at the cost of blood uud health aud
exposure. Theso pensions will, iu many
euses, bo the solo reliance of those thus
made incapable of self support.
It is worse that a government should be
overturned by corruption than by violence.
A virtuous people wi.l regain their rights
if torn from them, but there is no hope for
tboae who suffer corruption to sap and rot
away the fabrick of their freedom.
LIMITATIONS 01" l'OWlill.
There aro not only obligations resting
upon our people toward our authorities, bat
under our political system there aro lim
itations between tho depaitmcuts of the
government, aud between thu stale and na
tional governments, which must ho ob
seivud to secure tho public safety. At
this timo thcao warning words of Wash
ington have peculiar significance i
'It is important, likewise, that the
habits of thinking in a free country should
insj.il c caution in those interested with its
administration, to confine themselves wih
in their respective constitutional spheres,
avoiding the exercise of the powers of one
depaitment, to encroach upon the other.
The spirit of encroachment tends to con
solidate the powers of all the departments
iu one, and thus to create, whatever the
form of government, a real despotism. A
just estimate of that love of power and
proneness to abuse it which predominates
iu the human heart, is sufficient to satisfy
us of the truth of this position."
'I his Legislative, executive, and judicial
departments aro co-ordinate. It is equal
ly treasonable to re.-i-t tho rightful au
thority of either. To overthrow tho pow
er of cither department is revolution.
Legislative right, executive power, and ju
dicial independence aro alike sacred
Disregard for the limits of state aud na- .
tioual jurisdictions, aud the interference of
one department with tho duties of another, i
aro not only opposed to the genius and '
organization of our civil government, but
they have caused disasters iu the conduct
of tlio war.
While tho War Department sets asido
the authority of the judiciary and over
rides tho laws of states, the governors of
states meet to shape tho policy of the gen
eral govt ruinont, the uatioual legislature
appoints committees to interfcro with the
military conduct of the war, and senators
combine to dictato tho executive choice of
constitutional advi-ors. The natural re
sults of inedil.ing and intriguo havo follow
ed. Whilo our armies havo gained victo
ries in fields remote from tho capital, with
in its influeneo tho heroic valor of our sol
diers and tho skill of cur generals are
thwarted and paralyzed.
bi'ATi: nnuiTS.
Not only must the national Constitution
be held inviolate, the rights ot states must
l be respected as uot less sacred. TIkto
I aro differences of opinion as to tho dividing
' liue between stato and national jurisdictions
but thoro can bo none as to (he cxistenco
'of such scparato juri-dietions, each cover
ing subjects of legislation andjurisprudence
essential to tho publio security and welfare
Acono ilalod fo crnmeutin this vast coun
try would destroy the essential homo rights
and liberties of tho poople, Tho sovcrei
I gntios of tho states, oxcopt as thoy aro
1 limited by the onslitution, cau uevor be
! given up. W.-Uout them our Government
I can not stand. It was made aud it can
I bo changed by stato agcuoy. This is
I shown by tho following provisions of tho
instrument Hselt :
"The ratification of the convention of
nine states shall bo sufficient to tho estab
lishment of this Constitution between tho
states so ratifying iho samo."
Again, three-fourths of the states can
add to or tako away from tho powers of
tho general government, by demanding a
convention iu which amendments oan bo
proposed, which, if ratified by throe-fourths
of tho States, becotuo parts of tho Consti
tution. While thoy can thus tako away or add
to its power, tho general power can in no
way touch one right of tho nlates or in
vado their jurisdiction.
Tho obligations which rest upon tho
states to respect the Constitution, laws,
and authorities of tho gcnoral government,
also demand that tho general government,
shall show equal respect for tho rights aud
constituted authorities of states. I
Tim stato legislation and authorities, we !
look for tho good order of society, tho so
eurcty of life and property, the protection
of our homes and all that is nearest and
deareit to us, iu rotations, duties, and ac
tions of life. It is dangerous and demor
alizing to show contempt for stuto authori
ties and laws, It undermines alike tho
foundations of stato and national govern
ment, by breaking up tho social system.
If homo laws aro not respected, tho more
general authority will not be regarded,
AllllITltAUY AUUUSTS.
Our people havo thcoetore viewed with
alarm practices and pretensions on the
part of officials, which violate every prin
ciple of good order, of civil liberty, and of
constiti'tioual law. It is claimed that in
time of war tho 'resident has powers, as
coinmander-in-chief of our armies, which
authorizo him to declare martial law, not
only wiiliin the sphere of hostilo move
ments, where other law caunot bo enturceu
but also over our whole land. That at
his pleasure heojii disregard not only tho
statutes of Congress but the decisions of
the national judiciary. That iu loyal
states the least intelligent class of officials
may bo clothed with power not ouly to
act as spies aud informers, but alio, with
out due process of law, to seize and im
prison our cit zeus, and carry them beyond
the limits of the state, to hold them in pris
on without a hearins; or a knowledge ol
tho offenses with which they arc charged.
Not only the passions and prejudices of
these iufeiior agents lead them to cts ol
tyranny, but their interests aro advanced
and their positions secured by promoting
discontent aud discord. I' von to ask the
aid of counsel has been held to be an off
ense. It has been well said that "to be
arrested for one knows not what; to be
coufincd, no one entitled to ask where ; to
bo tried, no onu can say when, by a law
nowhere known or established ; or to lin
ger out life in a cell without trial, presents
a body of tyranny which cannot bo en
larged,'' Tho supprossiou of journals and the im
prisonment of persons have been glaringly
partisan, allowing to tome tho utmost li
cciitiousncss of criticism, aud punishing
others for the fair exercise of tho right of
diseussiou. Conscious of those gross abu
scs, an attempt has been made to nhicld
tho violators of law and surprces inquiry
into their motives and conduct. This at
tempt will fail. Uuooiist'tutional acts can
not bo shielded by unconstitutional laws.
Such attempts will not savo tlio guilty,
while thoy will bring a just condemnation
upon those who try to pervert the powers
of legislation to the purposes of oppression.
To justify each action by precedents drawn
from the practieo of governments w bore
there is no restraint upon lcgislativo pow
er will bo no avail under our system,
which restrains the government and pro
tects tho citizens by written constitutions, j
1 shall not inquire what lights states in
rebellion have forfeited, but I deny that
this rebellion can suspend a single right
of tho I'itizons of tho loyal states. I de
nounce the doetrino that civil war in tho
South takes away from the loyal North
tho benefits of ouu piiuciplo of civil liber
ty. '
It is high crime to abduct a citizen of
this stato. It u made my duty by tho
Constitution to seo that tho laws arc en
forced, 1 shall investigate ovcry alleged
vio'ation of our statutes, and see that of
fenders are brought to justice. Sheriffs and
District Attorneys are admonished that it
is their duly to tako care that no person
within their respective counties aro impris-1
oneil, nor carried by force beyond their
limits, without due process or legal author
ity. The removal to England of persons
charged with offense, away from their
friends, their witnesses, and means of do -feii'e,
was an act of tyranny for which
wo assert our independence. Tho nbduo
tiou of citizens from this stato for offonsos
charged to havo beon dono hero, and car
rying them many hundred miles to distant
prisons in other states or toriitories, is au
outrage of tho samo character of every
principle of right and justice.
The general government has amplo
powers to establish courts, to appoint offi
cers to arrest, and commissioners to hoar
complaints, and to imprison upon reason
able grounds of suspicion. It lias a ju
dicial system, in full nnd undisturbed op
creation. Its own courts held ut conveni
ent points in this and other loyal states,
aro open for the hearing of all complaint
If iU laws aro not ample for the punish-
. mcnt of offouses, It is due to the neglect of
those iu power
j Government is not strengthened by tho
exercise of doubtful powers, but by a wise
aud cuergetio exeitiou of those which are
moouteatiblo. Iho lormor courso never
fails to produce discord, suspision, and
distrust, whilo tho latter iiupires respect
and confidence.
This loyal stato, whoso laws, whoso
courts, aud whosa officers havo thus been
treated with marked aud publio eoutempt,
and whoso social order and sacred rights
have been violated, was at that very timo
scnd'ng forth great rmiis to protect tho
national capitol and to save the naiioual
officials from flight or capture It was
whi'u the firmU s of Now Yosk thu thel
trrcd them against rebellion, that, without
consultation with its chief magistrate, a
subordinate department at Washington in
sulted our people and invaded our rights.
Against these wrongs and outrages tho
people of tho stato of New York, at its lato
election, solemnly protested.
The submission of our people to these
abuses, for a timo ouly, was mistaken at
homo and abroad for an indifforcuco to
their liberties, Rut it was only in a spirit
of respect for our institutions that thoy
could express their will iu tho niauuor
pointed out by our laws. At tho latoolco
tiou thoy vindicated at once their regard
for law nnd their lovo of liberty. Amid
all the coufusion of civil war, thoy camly
sat iu judgment upon tho administration,
vcting ugaiu-t ils candidates. Nor was
this the only striking proof of tho respect
for tho Constitution Tho minority, of
nearly equal numbers, jielded to this de
cision without resistance, although the can
vass was animated by stiong partisan ex
citements. This calm assertion of rigbtw,
and this honorable submis-ioii to tho ver
dict of the ballot box, vindicated at onco
tho character of our people nnd tho stabili
ty of our institutions. Had tho secession
ists of the South thus yielded to constitu
tional decisions, they would have saved
themselves and our country from the bor
lorsof this war, and they would have
found the same remedy for every wrong
aud danger.
MARTIAL LAW.
Tho claim of power under martial law
is not ouly destructive of the right of states,
but itoverthrows the legislative and judi
cial departments of the general govern
ment. It asserts for tho President more
power as the head ol the army than as a
representative ruler of the people. This
claim has brought discredit upon us in the
eyes ot the world. It has strengthened
the hopes of the rebellion. It lias weak
ened the conlidcnco of loyal states. It
teuds to destroy tho value of our govern
ment iu the minds of our people. It leads
to discord aud discontent at the North,
while it has uuited and invigorated tho
South.
If there is a necessity which justifies
that policy, lot us openly and honestly say
there is a necessity which justifies a revo
lution, liut this prcteusiou is not put
forth as a necessity which overleaps for a
time all restraints, aud which is justified
by a great exigency ; it is a theory which
exalts the military power of the the Presi
dent above his civil and constitutonal right.
It asserts that ho may in his diseresion
drclare war, and then extinguish the stato
and national constitutions by drawing tho
pall of martial law 0;cr our vast country, j
"Martini law'' deities itself to bo a law
"Martial law'' defines itself to bo a law
where wars is. It limits ils own jurisdic
tion bv its verv term, Rut this now and
strange doctrine holds that tho loyal north j
lost their coubtitutiou.il rights when tho'
South rebelled, and all are now governed j
by a military dictation. Loyalty is thus
less secuto than rebellion, lor it stands
without means to resist outrages or to rc-
sent tyranny. Amid all tho horros that
have been euaoted under martial law in
the history of the world, and amid all tho
justifications attempted of its usuages, it
was never before hold that it could bo ex
tended over peaceful states. It was never
before claimed that tho power of a military
commander was superior to the poowers
of government.
More than two centuries sinto, that
bold defender of English liberty, that hon
est and independent judge, Lord Coke,
declared: "Where courts of law arc open,
maitial law cannot be executed,'' and also
that "tlio power that is abovo the law is
uufit for tho king to ask or us to grant."
Aro English laws more sacred, or is Eng
lish liberty more securo than ours ?"
It was ono of tho causes set forth in tho
Declaration of Iiulcpendonco forronouno
ing allegiance to tho King of England,
'that ho has affected to render tho mili
tary indepcudeut of, aud superior of the
civil power.'' During tho struggle for
national life, although surrounded by ene
mies, spies, anil informers, who uphold tho
pretentious of the crown. Washington
ue-ver dt dared martial law or claimed the
right under any circumstances to nrikoUie
military superior to tho civil authority.
On tho contrary, ho was most deferential
to tho latter, Tlio feeling of tho fathors
on tho subject can best bo learned by the
constitutions, which were formed by the
men who established our national govern
ment; nil of them had provisions incon
sistent with this new aud monstrous pre
tentions. Massachusetts, Now Hampshire, Con
necticut, Delaware, Pennsylvania, Md.,
North Carolina and Soath Carolina, eight
of tho twelve f tatcs which originally made
up our Union, explicitly declared that the
military power should in all easo3 and at
all timejbe held iu exact subordination to
tho civil authority, and bo governed by it ;
this was expressed In oach constitution in
terms almost identical, It is incredible
that a people who held theso views, and
who thus restrained stato authorities under
their immediate control, would give to the
I commander of tho army of the United
States this despotic power ; a power which
1 tho crown of Great Rritain has uot been
' permitted to oxcrciso for nearly two ceu
I turios, Tho measure of power to bo cxer
' cisod under our government is fixed by iho
Constitution. To make the maxims of
; other governments of the usuagos of other
natious tho rulo hero would givo r-anction
' to every outrage, tyranuy, and wrong. It
would uudo what was dono by our fathers
who formed our government ; it makos the
practices of dospot'uni or iho principles of
monarchy higher authorities than the v rit
ten Constitution of our republic Tho un
limited, uuoontrollcd despotio power claim
ed under martial law is of itself a reason
why it cannot bo admitted. Tlio fact that
it is inconsistent with tho purposes, spirit.
and genius of our institutions is eonelusivo
against the claim sot up for its control over
an extent of country and a diversity of
iutcrcrts which nover existed in tho des
potisms or nionnrchial governments from
which the precedents aro drawn to justify it.
New-York and other states consented
to mako up the general government only
upon the assurance that the original
Constitution should be so amended as to
secure mo-u perfectly the rights of states
and citizens. These articles were added
by the unanimous vole of thu slates;
Aunci.i: 4. "The right of tho people
to be securo in their persons, houses,
papers, and effects, agaiust unreasonable
searches and seizures, shall not be vio
lated. And no warrant shall issue but
upon probable causes, supported by oath
or affirmation, and particularly describing
the place to bo searched and the person
or thing lo be seized."
AuticleO. "No person shall bo held
to answer for a capital or othurwiso in
famous crime, unless on a presentment
or ind'etment of a grand jury, except in
cases alising in the land or naval forces,
or iu the militia, when in actual service
in time of win or iu public danger ;
nor bo deprived of life, liberty, or
property, without due process of law."
Tho want of these restraints in tho
original instrument endangered its adop
tion. We aro now told that thoy arc of
no avail, in any pan of our country, when
the executive shall see fit to declare their
is a war or insurrection in any section of
this land.
Such pretensions arc in contradiction
to the plain language nf these clauses
j and to their settled legal effect. If any
, differences of construction ho possible,
our Constitution provides for their deter
mination. These questions will bo carried
belore tho proper judicial tribunals. If
the theory of martial law is upheld by
I thcm,wc will submit, and have the Con
i stitution amended. If it is held to bo
unfounded, it must bo given up.
I So sacred did our fathers hold consti
tutional rights, that they placed them bc
j yond the reach even of tho mnjoritv or
, ur - -
our people, uincn constitutions arcv
niado not only to carry out the wishes,
but also to restrain tho power of majorities
and to uphold and protect the rights of
minorities. They give tho humblest cit
izen tho light of religious freedom against
the whole power of our people. No mat
ter how largo a majority may be it must
not intRrft,ro wilh rights of persons, of
... r .. '
propeity, or of conscience.
The President himself holds his place
not by the will of the majorit", but by
virtuo of the provisions of the Constitu
tion, which placed him in his office by
the votes of about 1,800,000, against
tho votes of about 2,800,000 who did
not agree among themselves ns to oppos
ing candidates. Ho continued right
fully to hold his office, although the pop
ular majorities, even in tho states winch
placed him there, have in the recent
election declared themselves poliiically
opposcd to his administration. Tho
majority are still bound to respect hi
constitutional rights, to uphold his pow
ers, and to sustain his acts dono within
the limits of rightful authority.
The rights of states were reserved, and
tho powers of tho general government
were limited, to protect tho people in
their persons, property, ant: consciences
in timo of danger and civil commotion.
There is little to fear in periods of peace
and prosperity. If we are not protected
when there arc popular excitements and
convulsions, our government is a failure.
If presidential proclamations are abovo
the decisions of the couris and the re
straints of tho Constitution, thon that
Constitution is a mockery. If it has not
the authority to keep the executivo within
its restraints, then it cannot retain states
within the Union. Thoso who hold that
thoro is no sanctity in tho Constitution,
must equally hold that there is no guilt
in the rebellion.
We cannot bo silent and allow theso
practices to become precedents. They
are as much in violation of our Consti
tution as tho rebellion itself, and
more dangerous to our liberties They
hold out to the executive every templauou
of ambition to mako and prolong war.
They offer despotic power as a priecfor
preventing peace. 'I hoy are inducements
to each administration to produce distord
and incite armed rcsistsnco to law, by
declaring that tho condition of war re
moves all constitutional restraints. They
call about tho national capitol hoidcs of
unprincipled men, who find in the wroek
of their country the opportunity to gratify
avarice or ambition, or personal or polit
ical resentments. This theory makes
tho passion and ambition of an adminis
tration antagonistic to the interest and
happi ;ess of the people. It makes tho
restoration of pcaeo the abdication of
more than legal anthority in the hair's
of those lo whom is confided the govern
ment of our country.
Of the samo naturo is the recent Proc
lamation of Emancipation. Tho Presi
dent has already signed an act of Con
gress, which asserts that tho slaves of
those in rebellion aro confiscated. Tho
s lo pflect of this proclamation, therefore,
is to djclaro tho emancipation of klavos of
thosu who aro not in rebellion, nnd who
aro thorcforo loyal citizens. It is an
extraordinary deduction from tho alleged
war power, that tho forfeiture of tlj.o
right ol laval citizens, and bringing upon
ihom the samo punishment, imposed upon
insurgents, is calculated' to advanco tlia
sucscs3 of tho war, to uphold the Con-