COLU
DEMOC
AND BLOOMSBURG GENERAL ADVERTISER.
LEVI L. TATE, EDITOR.
"TO HOLD AND TRIM TUB TOROII OF TRUTH AND WAV IT O'ER TUG DARKENED EARTH."
mi? n irci . do nnTi?n a vrvrTTur
VOL. 17. NO, 32.
BLOOMS liURG, COLUMBIA COUNTY, PENN'A,, SATURDAY, OCTOBER 10, 1863,
VOLUME 27.
MBIA
RAT,
i
COLUMBIA EMOCRAT.
BIHTF.D BY LEVI li. TATE, raOI'METOU
SATURDAY MORNING, OCTOBER 10, 1B63.
The Presehvation of tUo Constitution,
The Restoration op the Union,
-And the Sjjmemacv or the Laws.
irsci.iNo to run constitution, as the
BIlll'U'dlXKEI) .MAIll.VHKOl.lNOSTOTIIK LAST
1M.ANK. WHEN NHIIIT AND TIIE TKJirEST CLOSE
AUUUNU HIM." Janiel IVtlster.
' I INTEND, l'Oll ONE, TO REGARD AND
MAINTAIN. AM) MAURY OUT. TO THE J'UM.
EST EXTENT, THE CONSTITUTION 01' TIIE UM-
ti:d states, which i have sworn to sur-
FOIIT IN ALL ITS PARTS AND ALL I'M l'KO
VISlONd" Daniu. Wkiismi.
NO HODY CI' TROOPS IN THE ARMY 01' TUB
UNITED STATI.H. OR OK TIIISCOM.MONWEAI.TII
SHALL III! I'UESEN'T, EITHER ARMED OR UN
ARMED, AT ANY PLACE or ELECTION WITHIN
THIS COMMONWEALTH, DURINO THE TIME OF
SUCH ELE01 ION."
9J1A Sit, of .let of Aiit-ih I) of Ptnniyh-ania, 5n July
inn in nil ii i i iii ii i ii in ii ii i i urn i
Address from tho Domocratic
State Central Committee.
To the Citizens op Pennsylvania:
Wo would respectfully and earnestly
address a few words to those of you wlio
have returned to your homes from tho mil
itary servieo of our country. Ou political
eubjacts, wo address you all as citizens;
It is as citizens you will attend tbo polls.
Your State, by liar laws, solemnly enjoins
upon you not to approach tho polls as
soldiers.
On somo of tho questions of the day,
you have had special moans of observa
tion. You havo been at the South. You
have seen its negro population. Many of
you have come back convinced how vain
and impracticable are tho schemes for its
instant emancipation and advancement, in
prosecuting whii'h tho Abolition party dis
want to livo under tho same rulo at home ?
Do you sec with satisfaction "provost mar
shals" lording it over tho Constitution and
tho laws, in all our peaceful towns and
villages ? Aro they bettor and wiser than
our judges and magistrates: ? You know
somo of them woll. Somo arc gallant
officers, but many aro ignorant partisan
politicians, needing as much as any men 1 0110 yuars' P"'1
Tho language of tho Constitution is clear. "Ilcsolvcd. That tho Demccraoy of Ponn
Judges have no power to alter it, though sylvauia ever has been true to tho cause of
Mill rtnnnlo mntf 1n an i on1 n nrnnnallmti iuO UulOUl
It was in the name, and for
txil.'n til t1t rT.i 4 1 m t ami nn(M trtna
to alter tho Constitution in this point will d tbnt (lcnounoc tho t iJnlima.
como naxt year before tho people.
present it reads thus :
'Seo. 3. In elections by tho citizens,
every whito freeman of tho ago of twenty-
ars, having resided in tho btato one
ion district where he
w ue iic.o in ciicck uy tuo law irom per- (0 votc tcn d immediately prccc
potrating wrongs and falling into errors, j ding such election, and within two years
By the Conscription act all men from the ' paid a State or county tax, which shall
age of twenty to forty-five aro mado liable
to military duty, and from all who may bo
claimed as within this class, as well as
from all soldiers, the protection of civil
justice is now taken away by proclama
tion ; and no citizen is to hs allowed to
vindicate his right to liberty if deprived of
it by any military authority. Whilst you
were fighting for tho Constitution, you and
all of us, it seems , have lost the constitu
tional rights and safeguards of liberty
which aro our birthright as American
freemen.
Stump orators, somo of them political
gene rals, forbid you to reflect on those
thing. They tell you now to think only
of war. There is a time and placo for all
things. In the field you havo thought and
acted as soldiers. Your noble deeds prove
how well you did your military duty. You
will do it again when you return to tho
field. Hut if you arc to be here on elec
tion day, now is tho time for you to think,
as frcc-born citizens, of tho political con
dition of your country. Wo ak you to
vote with us to maintain, for yourselves
and your children, tho free constitutional
Government tlmt your fathers left to j ou.
Think of theso things now before itii too
lato. The next proclamation may assail
the ballot-box. Let us use it wisely while it
is yet left to us.
But you aro urged perhaps you will
have been assessed at lcat ten days before
election, shall enjoy the rights of an elcc-
turbed the harmony of the Union, and at
last involved the while race of our country j be ordered not to vote for tlio candidates
in tho work of mutual destruction by civil i of the Democracy. Why not? Wo can-
war, j not reply with fact or argument to tho vile
You have learned, too, from your pris- , slang made up of vulgar abuse and politi
oners, and from the people you have been j cal nicknames, such as "Copperheads,"
among, that it u this same scheme for "traitors," "secessionist-"," and the like,
elevating tho negro which now protracts You learned to despise these long ago,
tho war. Alter your first victories, the when they wore poured out upon the gal
mass of the Southern people could hava laut sons of Pennsylvania upon Model
bceu brought back into the Union, under , lan, McCall, Patterson and many others,
the Constitution ; the secession leaders ' who have been your leaders and your
would have becu left without an army ; comrades in the field. A life spent in
but the Abolition party dictated a policy I honorable service of our country is no
that sot aside the Constiiution, and prescn- piotection from partisan abuse, but rather
ted in its place emancipation, negro equal- seems to provoke it. You will judge men
ity and general confiscation. American by their lives and characters in the past,
white men do not submit e.Tily to terms t if you wish to be sure of them in tho fu
likc these, and they have ailbrded to the turo. When did our candidate for Gov
Accession leaders the very menus they ernor, George V. Woodward, forgot his
needed to stimulate their followers to des-! duty in order to serve himself or his parly,
peratj and protracted rcistancc. Thus in any trust that Pennsylvania gave into
the war has been kept up with all its tor- his keeping ? "He deprived the soldiers
riblo expenditure of life and blood and of a vote,' say some of the Republican
treasure The Abolitionists have been tho politicians. We aro glad to meet a charge
best recruiting officers for Lee and Davis, that has any meaning in it. Wo will give
far without the. licln of the Abolition Tiro- 1 lOV? words to this,
- ...... r L
clamations they never could havo drawn
from tho email whito population of the
States they occupy the vast armies which,
in nearly every battle, havo exceeded in
numbers, but not in valor, the soldiers of
tho Union. Practically, the Abolit'on
party at tho North has proved the most
useful ally to the secession leaders, for tho
Abolition policy Las silenced and kept
under the Union mon of the South, of
whom Mr. Lincoln said, in his first mcs
aago, "It may bo well questioned whether
there is to day a majority of the legally
qualifiod voters of aoy State, except per
haps South Carolina, in favor of disunion ;
thcro is much reason to believe that tho
Union men aro the majority in many, if
not in every other one cf the so-called
seceded States.'' Hero wis the weakness
of tho rebellion, till Abolition came to its
oid and united the Southern people
Tho Democracy have advocated a con
ititutional policy, maintaining- at tho North
and alwnys offering to tbo South, the
original Constitution agreed to by our
forefathers. Thus wo saw a means of
giving the Uniou men of tho South tho up
por hand of tho secessionists. This is
prevented by tho policy of the Abolition
ists At tho North ; and when they lose pol
itical power hero, then their twin brothers,
tho secessionists of tho South, will fall
from power there. Both look to military
despotism as tho means to keep their hold
on power. As soldiers, you havo had full
experience- of military rule. You know
its uses, its hardships and its evils.
Necossary in armies, it is not, as you well
known, a form of Government fit for a frco
people. Tbo strict submission, tho un
questioning obedienco to every superior
required by military discipline theso you
agreed to givo in military duties during
th term of your enlistment, But do you
tor," &c.
Now, the baseness of tho attempt of tho
Republicans to excito prcjudico among
soldiers againt tho Democratic judges lies
in this : The constitutional objection a
gainstthc camp voto was first raised by
Republicans, in order to secure the office
of Sheriff of Philadelphia to the Republi
can candidate Tho rejection of tho camp
votc did secure tho offico to the Republican
candidate, Mr. Thompson, and ho holds it
now.
Judge Allison, Judgo Reed, Judgo
Strong, all decided against tho camp voto ;
but tho abuse in all direction against tho
Democratic candidates ; yet they were
the judges who in tho decision showed
that no party feeling could sway them
from doing what they knew to be their
duty. Por this the Democratic party
honors them, and nominates them to high
offices, of which they have proved worthy.
Mr. Robert Ewing, who lost his case, is
among their warmest supporters. If the
Republican politicians can make political
capital out of this matter, it will not be
among honest men who want honest judg
es.
In giving tho decision of tho Court
against camp vote. Judgo Wood ward was
not forgetful of the honor duo to our gal-
laiii soldiers, lie said :
"It is due to our citizen soldiery to add,
however, in respect to tho cases of fraud
that havo been before us, that no soldior
was implicated. The frauds were perpe
trated in every instance by political spec
ulators, who prowled around the military
camp?, watching tor opportunities tn des
troy true ballots aud sub-titute false ones,
to forgo and falsify returns, and to cheat
citizen and soldier alike nut of the fair and
equal election provided for by law
To voluntarily surrender tho comforts of
home and friends and business, and to en
counter the privatations of the camp and
the pcrds ot war, tor the purpose of viudi
eating tho Constitution aud tho laws of
the country, is indeed a signal sacrifice to
timko for the public pood ; but the men
who mndo it the most cheerfully and from
the highest moiivcs would bo the very
la.t to insist on carrying with them the
right of civil suffrage, especially wh en they
see, what experience proves, that it can
not bo exorcised amidit the tumults of war
without being attended by frudulent prac
ticcs that endanger tho very existence of
the light. Whilst such men fight lor the
Ciinsiitution, they do not expect judges to
sap and mine it by judicial construction."
Chase vs Miller, 0 Wright's Reports.)
Nor was ho found wanting at a lator
period, when the gallant Army of the Po
tomac, inferior far in number, confronted
tho hosts of our invaders on the soil of
Pennsylvania. Whilst bungling misman
agement delayed her own militia until
New York and New Jersey got tho start
of us, Judgo Woodward, with his two
sou3 in tho field, gave all the weight of his
position and character to tho call to arms.
He said :
''There ought to bo such an instant up
rising ol youn;,' men, in response to this
call, as shall be sufficient to secure tho
public safety, und to teach the world that
no hostilo foot can, with impunity, tread
tho soil of Pennsylvania." (Philadelphia
Inquirer, Juno !)0, 10013.)
Tho Democratic party has been as
much belied to you as its candidates. But
many of you aro Democrats, all ofynu
havo camped and marched aud fought
side by eidc with Democrats, in the service
of the Union, You know whether thoy
havo been tvuo to it aud to you. Somo of
M tion that tho Democratic party entertains
now, or ever has entertained, or ever can
entertain, tho slightest sympathy with
the present gigantic rebellion, or with trai
tors in arms against the Government, or
would ever consent to poaco upon any
terms involving a dismemberment of tho
Union, as utterly unjust ; and in proof of
this, we point with exultation to the lavish
contribulations to tho war iu blood and
trcasuro heretofore, and now being made
by tho hundreds of thousands of Democrat,
io citizens, who were among tho first to fly
to the rcscuo of tho Union, and peril their
lives in its deloncc."
Ciiaiilps J. Riddle, Chairman.
Philadelphia, Sept. 19, 180G.
propose it, when thoy aro sworn to support law cannot bo applied for tho regulation
tho Constitution, and whoso offices aro ' of tho conduct of persons in privato or civ
created and duties defined by it?
But put tho question on other grounds,
Republicans must admit that a Stato can
not chango its status in tho Union, that
it cannot secede in other words, that tho
Union is perpetual. This admitted, what
and ''in all criminal prosecutions, tho ao
cuscd shall enjoy tho right to a spocdy and
puuiio trial, by an impartial jury of tho
il life."
To provo tho superiority of Jc'tvil over! Stato and' district wherein thocriino shall
military law, tho author quotes tho 33d havo been committed.
Art of War which says, in substance thatj The frequent and glaring violations of
"all officers aro required to deliver over these principles need no further commont
offenders or accused persons to tho civil from mo. I wish, howovor. to add a few
becomes of their proposition to change magistrate, anu to am ana assist the om- words m relation to the writ of hnbca
the condition of a State 1 It is in effect a CGra of justido in apprchonding and scouring . corpus.
When you come to the polls in your
proper election districts, you will find that
no one has deprived ycu of your vote.
There was a question whether tho Consti
tution of Pennsylvania provided any
t . it
means lor a citzon to voto wnon no was
abeent from his homo on the day of an
election. Four canes of camp-voting came,
about the same time, before tho courts, or
rather three cases. For in tho caso known
as Shimmcl-ponnich's caso it was proved
and admitted that no votes had beonrcAlly
given by any one j tho pretended returns
wero shown to bo forgeries made up iu
Philadelphia, and as such tho Couits re
jected them.
Tho case of most importance wa tho
caso of Ewing against Thompson, woll rc
mombcrcd in Philadelphia. The election
was for Sheriff of thut county, a very lu
crative office, of great political importance.
Mr. Robert Ewing, tho Democratic can
didate, had a majority, it votes given for i tho best soldiers of this war aro Democrats
bun in tho camps in Virginia could bo ana f0f no other reason they havo incurcd
the hatred of tho faction whose teat of
merit is devotion to the negro ! In tho
in them would decide whether a Democrat State Legislature, in the Foderal Congress
or a Republican thould bo the Sheriff of your rights aud interests wero always
Philadelphia. Tho Republicans opposed maintained by representatives of tho Do
tho soldiers' voto beeauso it was for Ewing 1 mocracy o Pennsylvania, Of its prinoi
tho Democratic candidate. Mr. Manu, pies wo can mako no statement bo authori
se Republican District Attorney, inado , tativo as its platform. Wo cite to you
up a caso by indiotiug a Gorman named from it the following resolutions :
Kunzman for voting fraudulenlly in a "Ihsolvcd, That tho soldiers composing
camp in Virginia. In this caso Judgo ' r nrinUsni crit tho.warmcst thanks of and
,. c ,, r. i rv vnna o nation. Ihcir country called, and nob v
Allison, of tho Court ol Common Pleas, a m Lwlnff ' thev .ha-U
Republican, first decided that, under tho kmm a atU)US'a Rratitudo ; wounded a
Constitution of Pennsylvania, votes could nation's care ; and dyiuif, they shall livo
Writtjin roK the Colimbu Democrat.
Slate Bigbfs and Reconstruction.
These two questions arc so intimately
connected that they should bo considered
together. It is undeniable that States
have certain rights ; and their origin and
extent should be understood now, moro
than ever, inasmuch as "reconstruction''
is proposed on a novel basis.
The principal States comprising this
Union were originally Colonics of Great
Britain, formed by grants or charters from
the mother country, wherein their duties
and privileges were expressly defined.
They wero dependent only on the mother
country. When theso colonies cast off
their allegiance to Grci't Britain and be
came States, they wero independent not
only of the mother country, but of each
other. Such being the case thoy wero
sovereign and independent States, and
as snch, possessed of full power. For
tho common dtfenco these States formed
a League or Confederacy, of their own
free will, and retained all tho rights and
privileges of independent States, save those
delegated to the Confederacy.
But it worked badly another conven
tion was called, aud for more perfect
Union, "tho present Government was or
dained, with the present Constitution for
for its guidance aud luaintainancu. This
Constitution had many ablo enemies, who
maintained that too much power was ta
ken from the States and given to the gen
eral Government ; and Patrick Henry
one of Liberty's ablest advocates declar
ed, that 4'it had an awful squinting to
wards monarchy."
Iu this instrument it was distinctly de
clared, that "all powers not delegated to
the General Government aro reserved to
tho States respectively.'' Here, then,
we have tho doctrino of ''Stato rights"
distinctly declared and defined, and that,
too, iu tho very instrument which is the
basis of the Republic tho Supreme law
ol tho land and higher than proclama
tions or acts of its sworn executors, such
as Presidents, Congresses, or Political
Conventions.
There need bo no confusion on tho
question ofStato Rights." It is unde
niable that they possess all powers not
delegated to the general Government, and
in case of doult it is only necessary to
edgemont that a State can be placed out of
it. Again, if the pcoplo of a Stato cannot
place themselves outsido tho Union, how
can authorities elsowhero do so ?
But, my Republican friends, carry
your doctrines further, and to their legiti
mate conclusions. You say that insurrec
tion in a Statu makes it liable to a forfeit
ure of its rightt. If so, Pennsylvania
could have been reduced to a Territory on
account of tho Whiskoy Insurrection ;"
Massachusetts by Shay's rebellion, South
Carolina for Nullification ; and Rhode
Island on account of tho "Dorr Rebellion."
A President by odious acts could create
an insurrection and then deprive a State
of rights gunrrantocd in tho constitutional
contract, and enjoyed sinoe the foundation
of tho Government.
The proposed policy also violates a
plcdgo given to the people and army at
tho commencement of tho war. Congress
and the President declared in substauco,
that "it was uot to bo waged in a spirit of
oppression, or for conquest, but to rcstoro
the Union, law, and order, and that when
these objects were accomplished tbo war
should cease." Under that nlcdcc and
for that purpose, this army was raised;
but when a contrary doctrino was an
nounped scarcely another regiment volun
teered. It is even now broadly asserted
by leading men liko Sumner, Chase, Stan
ton and others, that the object of this war
is to break down slavery, crush and ex
terminate the South, and to completely
destroy the Government of our fathers,
by foroibly changing the sUdus ofono
third of our States comprising the Union.
I have discussed this question as though
wo had fought our last ba ttle destroyed
tho last army, and captured the last
stronghold. I doubt not wo will do all
this, but wish not to havo the joy of victo
ry sullied by tho thought that it was ao
comdlishcd over the ruins of broken laws,
and an outraged Constitution.
I do not expect perfection in tho Ad-
disruption of tho Union, and an aoknowl- j tuo Prson of the accused in order to bring
him to trial, tho penalty denounced by tho
samo articlo against any officer who shall
willfully neglect, or shall refuse, upon ap
plication t) deliver over such accused
commissioned officer or soldier to the civil
magistrate or to aid and assist the officers
of justice in apprehending such accused
person, is cashioring."
It is therefore, plain, that according to
military authority, and the Army regula
tions, persons in civil or privato life aro
not subject to military law ; Vallandigham
was in civil life, thereforo his trial by a
military Court was illegal.
Furthor,aceording to tho 33d Art of war
tho penalty for refusing or neglecting to
givo up the accused person to tho civil
magistrate is cashiering; Burnsidc neglec
ted to give up Vallandigham to tho civil
authorities, therefore ho should have been
cashiered.
This illustration is taken because it is
tho mo3t prominout one ; thcro aro hun
dreds of like caics of the illegal experience
of authority.
Ignorant persons may claim that the
President as Commaudcr-in-chicf, may
chango theso Regulations; but lie Hart
says explicitly "lie cannot ordain any pen
alty for any military crime, not expressly
declared by act of congress ; and congress
itself is restrained by tho fundamental
rules of a written Constitution." Scott in
his military Dictionary, says, "the chief
magistrate in a republic is uot tho fountain
of all honor and power; and Congress
alone has the power to raise armies and to
mako rules for their government anil man
agement." Martial Law differs from military law
in this; that martial law extcuds to all
persons; military law to all military per
sons, but not thoso in a cui7 capacity.
Do Hart considers a proclamation of mar
tial law within the limits of the United
Slates as unconstitutional, lie says
''How and where, under particular conjunc
tions of tho time, martial law may be de-
ministraliou and know that its position is clared,rand by whom, in net hero cousid
one of cxtrcmo delicacy. I have acqui- ercu ; but tho proclamation of such a rule
csccd, aud slnll m tuturo acquiesce in ev- withiu tho limits of the United States is a
cry measuro which is the result of lawful vcr questionable proceeding, nndthought
power; but iu tho name ot my brethren to be an'czcicicnce' not wirru?itcl or san
i t.i t ....
in arras, ana especially mo3c who gave tvmed by any distemper of the State. Tho
their lives to tho cause, I would protest substitution of this power for tho civil
against any act or poiioy contrary to tuo courts subjects all persons to the arbitrary
Constitution tho laws or tho will of tho
pooplo.
'Ourcauso is truth :
Pure as tho virgin stripes that wave
O'er Freedom's everlasting youth,
And spotless as tho soldier's gravo.
Then let our ouly motto bo,
Our Country Cause and Liberty
(Jur Nation and our Nation's laws
consult our Chart, the Constitution. Tho To r'ght3 of freemen, freedom's cause.
illogical and unwarranted extension of tbo
doctrine has led to tho present rebellion,
and if successful, would end iu anarchy;
while denying States their just rights, has
led to tyranny, and if successful, would
end in despotism.
Seen by tho light of the above facts,
what right has a President, or Congress,
to rcduco a State to the condition of ?.
Territory, as is seriously proposed by the
loading powers ? Clearly the Constitution
docs not givo them the power, and all
their authority is derived from that in
strument. It declares that the citizens of
our Stato shall bo entitled to all tho privi
leges and immunities of the citizens of an
other Stato." Such being tho case, the
moment law and order arc re-established
in South Carolina she has as indispu
table right to elect her Governor, Con
gressmen, and Judges as Masachusetts ;
hut if reduced to u territorial condition
she would bo deprived of that right ; in
asmuch as tho President would appoint
tho Governor aud Judges, and tho Dele
gates in Congress would bo without tho
power to voto.
Again, tho Constitution declare?, that
''Congress shall not iutcrloru with tho do
mcBtio institutions of any State'' It has
already dono so by tho 'emancipation act.'
or rather an inferior power hasdouoso,
tho President ; and this proposed plan not
not ho given by soldiers who wero absent in our memories, and monuments shall bo only 'interferes" further, but blots out the
from tho State A latter decision in tho raibtu iu ibjuu posterity iu uonur wiu pa- state entirety, in the laco ni these ctaus-
Supreme Court was in tho case of Chase thS wSwJ'anl ' ' " that the propped
against Miller. That Court also decided orpLan3 8bn'n bo aUoptcd by tho naliol)i to plan can bo executed constitutionally. -
that under tho Constitution of Peunsylva- bo watched over aud cared for as objects , If "'is lo so, how cau tho President, his
ma the voter must vote in his prccnul.' truly worthy a nation's guardianship. t Cabinet, or CoDgrcssraenafor, much less
counted. To politicians tho other cases
wero importaut ouly because tho decision
SO Ml AO.
Jlrmjof the Potomac, Oct. 1803.
For the Columhlt Democrat.
Military Law as understood by
Military men.
In these days of military and martial
law, when the privileges of tho writ of
ftubeus corpus aro denied citizens of peace
ful and law abiding states when Provost
Marshal's quartered in every Congress,
ional District with greater powers than
over exercised by tho Stato Executives it
becomes tho duty of every citizen to under
stand military law, as the civil code is fast
becoming absolcte.
I propose touching only on a few points,
and that for tho purposo of showing that
even according to tho best military author
ities, tho' Administration has committed il
legal acts under pretenco of "military no
ceisity." I quote principally from "Do Hart's
Military Law," written by a captain in
tho 2nd Artillory, for a long time tho text
book at West Point Academy, and now
tho standard Army work.
He admits tho strong objections to mili
tary law and quotes as its opponents those
ablo jurists Sir Edward Coke, Sir Mat
thew Halo, and Sir William Blackstone.
In fact Sir Matthew Hale said, that ''mili
tary was no law, but something indulged
rather than allowed as law."
Do Hart defines mililan law as "that
branch of the laws which respect military
discipline, aud tho government of persons
employed in tho military servieo." "It
will bo psreeived that tho leading charac
teristic of this definition is that military
will of an individual, and io imprisonment
for an indefinite period, or trial by a mili
tary body. Of such high impoitancc to the
publio is the preservation of personal lib
erty that it has been thought that unjust
attacks, oven upon life or property, at the
arbitary will of tho magistrate, aro less
dangerous to tho Commonwealth, than
such as aro made upon the personal liber
ty of tho citizen."
Seott endorses tho samo sentiment, and
says: " t lie Constitution ot tho United
States has guarilod against tho effects of
any declaration' of martial law withiu the
United States, by providing: 'No person
shall bo held to answer for a capital or
otherwiso infamous criino, unless ou a
Scott says, "Within the United States,
tho effect of a declaration of martial law
would not subject citizens to trial by court
martial, and tho suspension of tho writ of
habeas corpus would cnablo a commander
to incarcerato all dangerous citizens; but
when brought to trial, the citizen would
necessarily come before the ordinary civil
courts of the land,"
D. Hart speaks of tho w'ri'. of habeas
corpus as a remedy for the abuses of mili
tary power ; but in our times wo havo tho
abuse, and tho remedy has been suspen
ded I lie also says that "the intervention
of Congress is necessary before such sus
pension can bo mado lawful." Unques
tionably, then, President Lincoln commit
ted 'an illegal act, and struok down tho
dearest right of an American citizen, in
suspending it bcfoic the "intervention of
Congrois."
Blackstone, in commending on this por
tion of English law,which is tho basis of our
own, says, "the happiness of our constitu
tion is, that it is not left to tho executive
power to determine when the danger of tho
State is so groat as to render this measuro
(tho arbitrary imprisonment of a person)
expedient; for it is parliament only, or
legislative power, that, whenever it seos
proper can authorise the crown by sus
pending the habeas corpus for a short anil
limited time, to imprison suspected persons
without giving any reasons for so doing-.
In conclusion I wish to quote a senti
ment from an eminent English writer on
military law; and his remarks have tho
more weight wheu it is consider that our
military law is almost wholly copied from
tho English.
Buphin, in his "View of tho Military
Force of Groat Britain," says : "By tho
conititution of Great Britain tho sovereign
is rested with the supreme military author
ity. His orders, and his alone, aro to ba
obeyed as long as they arc in unison tinlk
the fundamental laws of the emjwc Be
yond this, obedience itself would le deemed
treason to the State, whatever the ranks or
station of the offender."
Certainly, Americans should possess as
much freedom as the country whoso tyr
rinny drove us into rebellion ; and if wo
possess it wo daro openly maintain that
obedience to Pres. Lincoln, or any other
person, ''beyond the fundamental laws of
the Union is treason, whatever tho rank or
station of the offender.'''
SOLRAO.
Anny of the Potomac, Oct. 1803.
Slick This iu Your Hat aud Keen it
There.
CSyllI declare upon my responsibility
as a Senator.that the liberties of this coun
try aro in greater danger to-day from tho
corruptions, aud from the profligacy prac
ticed in tho various departments of tho
Government, than they are from the enemy
in the open field J. P. Hale, Republican
Senator from New Hampshire.
"If theso infernal fanatics and Abolition
ists ever get tbo power in their hands, thoy
will ovcrrido the Constitution, set tho
Supremo Court at defiance, chance and
mako laws to suit themselves, lay vi
olent HANDS OM THOSE WHO DUTCH IV
opinion, or dare question thoir fidelity,
presentment or indictment of a grand jury,
except in cases arising iu the land or na
val forces, or in the militia when in actual &ud finally bankrupt the country and del-
servieo in time of war or public dancor : ! "6" 11 wmi bioo.i. uaniel eiister.
nor shall any porson be subject for the
same offence to be twice put in jeopardy
The Louisville Journal, one of tha
stauuehcst 'Union' papers in tho country.
of life or limb; nor shall bo compelled, thus speaks of tho Republicans: "Tho
in any criminal ease to be witness against
himself, nor bo deprived of life, liberty or
property without due process of law,' (Art.
5, Amendments,) and further, 'In all crim
inal prosecutions, the accused shall enjoy
tho right to a speedy and publio trial, by
an impartial jury of the State and district
wherein tho criino shall have been com
mitted, which district shall haw been pre
viously ascertained by law, aud to bo in
formed of tho naturo and cause of tho
accusation :' (Art. 0, Amendments.)''
Military writers, therefore, claim no
such powers as aro usurped by Burnside,
Shenek, Stanton, aud others, but readily
recognizo tho following truths : that citi
zens are not triable by military law, and
that oven when under martial law, persons
not in tho military servieo of tho Uuited
States, "shall not ba held to answer for a
capital or other infamous crimo, unless on
a presentment or indictment of a grand
jury," "nor bo deprived of life, liberty, or
property, without duo procors of law,"
Republican party is now an out-and-out-
radical party an Abolition party a re
volution party a disunion party. Upon
its overthrow at tho ballot box depends
the suppression of tho rebellion, tho sal
vatiou ot tho country, aud tho willaro of
the cause of human libeity."
JC Curtin says ho is troubled with
'inflamatory rheumatism.' Well, accor
ding to Republican logio nowa-days, if
uurtin is oicctoit tho uovcrnmcnt will havo
tho ''inflamatory rheumatism." Havinir
had a alight touch of the biased thitn?. wo
voto against it.
Let every citizen remember that a voto
for Judgo Woodward is u voto for his
own personal liberty, saftoy aud security.
It your staudard beaver is struck dowu,
"Then wo and you and all of ui fall down,
And bloody treason triumphs over us."
Bar "GOVEUXOK CUIlTttf OAN
NOT SECURE- THE SUPPORT OF
EITHER HIS OWN PARTY OR HIS
Ol'F.CE-llJLDERS." Speech of Alex,
audtr Uttiuiniigs before the Jlepublican
State Content;,)-, Avg,5, 1603,