| From the Southern Watchman (Athens,
Ga.) |
| |
| April 30, 1862 |
| |
| "Military Necessity,"
Constitutions, &c. |
| Heretofore it has been the
prevalent idea of the world that written constitutions, rigidly
adhered to, could alone preserve the public liberties. These
old-fashioned notions, we are sorry to see, are about to give way to
the doctrine of "military necessity." If the people quietly
acquiesce in the usurpations practiced upon their rights and tolerate
the violations of the Constitution lately perpetrated, this doctrine
of "military necessary" will soon convert this land of
liberty into a military despotism or something worse. Are the people
ready for this? |
| Read in connection with this
subject the following article which we extract from a late number of
the Chronicle & Sentinel: |
| A Protest -- We are glad to
see, from the protest of Messrs. Wright, of Georgia, and Foster, of
Alabama, against the seizure of the Railroads by the Government, that
there are some members of Congress that are willing to recognize the
fact that there is such a thing as the Constitution of the Confederate
States. So long a time had elapsed since that document has been
mentioned, and so continually had its provisions been ignored and
violated, that there existed some doubt if it had not been totally
annulled by Congress in some of its secret sessions. |
| In spite of the plain
provisions of the Constitutions against internal improvements by the
General Government which formed such valid ground of complaint against
the old Government, we find the constitutional objection against
building lines of Railroads in Louisiana and Texas and the Danville
connection in North Carolina very feebly urged, and we believe it has
been enacted that these roads shall be built in direct violation of
the Constitution. Thus the latitudinarian principles of the old
government are perpetuated. |
| The same plea of military
necessity which was used by the Federal Government to justify the
building of the Pacific Railroad, which was so bitterly opposed by the
strict-constructionists of the South, is used to excuse these
violations of the plain provisions of the Confederate Constitution.
This plea of military necessity has become to be the excuse for all
sorts of usurpations -- not only for building Railroads, for taking
private property for public uses without compensation, for abridging
the liberty of the citizen, for interfering with trade, but even for
repealing the laws of the State, and taking the command of its militia
out of the hands of its Governor, or for his willingly and illegally
yielding up his prerogatives. If military necessity is always to
excuse every arbitrary act of the General Government, and every
infringement of private rights, it is best no longer to deceive the
people with the idea that they live under a government controlled by
constitution and laws. No people in any age of the world have been
more ready than ours to give up everything for the cause in which they
are struggling, but they cannot see without a murmur all the barriers
between their liberties and military despotism broken down, and they
will therefore admire the manliness of those public men who have the
courage to protest against any arbitrary assumption of power. |
| We copy from the proceedings
of Congress on Monday the following protest: |
| Mr. Foster, of Alabama,
offered the following protest, and asked that it be entered on the
minutes: |
| "We, the undersigned,
members of the first session of the first permanent Congress, beg most
respectfully to enter this, our most solemn protest against the
passage of an act entitled, "An act to provide for the safe and
expeditious transportation of troops and munitions of war by
railroad," and in justification of the same, to lay before the
House and the country the following as our reasons, viz: |
| "1. We believe that there is no power
granted by the Constitution, either expressed or implied, that
authorizes Congress in appropriating our seizing the property of
States or persons, and placing the same, either for temporary or
permanent purposes, in the hands of the executive, or any wise
disposing of same without the consent of the owners thereof. On the
contrary, we believe that the Constitution expressly prohibits and
denies such power, for article 1, section 9, expressly declares that
"The right of the people to be secure in their persons, houses,
papers and effects against unreasonable searches and seizures shall
not be violated." |
| "2. We believe that this
act, did it become a law, would be subversive of and in direct
contravention to, the great and fundamental principles of State
sovereignty; the right to regulate their own domestic institutions
being one of those unalienable sacred rights reserved by the States
composing our Confederacy, and the destruction of which would
inevitably tend to the speedy destruction of our liberties. |
| "3. e believe the act to
be altogether inexpedient and uncalled for, and that the several
railroads in the Confederate States -- all of which have been prompt
and willing to aid the government to the very utmost of their capacity
and at reduced charges -- have been, and will continue to be, far
better managed by their presidents and directors, chosen by the
stockholders, who are more conversant with all the minute and
complicated details of their roads, and the proper and economical
management of their means of transportation than the executive or his
military subordinates could possibly do. |
| "For these and other
equally cogent reasons which must occur to every intelligent mind not
unreasonably depressed by the exergencies and vicissitudes, through
which Providence has decreed that we should pass in our progress to
national independence, and which we hope and believe are but the precursors
of victory and success, we protest against said act, and respectfully
request that this our protest be entered on the journal. |
| Augustus R. Wright |
| Thomas J. Foster |
|