WRITINGS OF SHI HOUSTON, 1862
317
Rights, the Constitution and the Laws, and arrogates to himself umlefined and unlimited powers. By his proclamation of Martial Law, he has created Provost Marshals, who are authorized to remove citizens upon suspicion, out of the State, without trial; and called in the military to aid in the execution of the Provost Marshal's pleasure or will; and has established an inquisition extending to all male persons over the age of sixteen; and has proclaimed that "any attempt to depreciate the currency of the Confederate States is an act of hostility; will be treated as such, and visited with summary punishment." When the State through its functionaries refuses to take it at par with gold and silver, in payment of taxes, thereby depreciat- ing it below metalic currency, the tax payers become the sufferers. The powers and duties of the Provost Marshals are not defined in the proclamation, and are, of course, unlimited and capricious, yet "any disobedience of summons emanating from them shall be dealt with summarily." And in the proclamation, the General is pleased to say: "No interference with the rights of loyal citizens, or the usual routine of business, or with the usual civil administration of the law will be permitted, except when neces- sary to enforce this (his) proclamation." From whence are de- rived these extraordinary powers? Are they found in the Consti- tution or the Laws of the land? If not, then they are dictatorial powers assumed by one man, overriding all laws and making his own will the only rule of government. Martial Law may be proclaimed and enforced when a city is besieged, or a neighborhood, but then the only plea which can justify it is necessity. It was proclaimed in New Orleans by Genera~ Jackson while the city was being besieged by the British, but even that was regarded as violation of the Constitution. Though he had saved the city, he was brought before, and sub- mitted to the civil tribunal of the country, that sentenced him to pay a heavy fine, which he did. More recently, martial law has been proclaimed in Richmond, Virginia and vicinity, when it was considered to be in a state of siege. These are the only two instances of which I have any knowledge. Will any one say that any part of Texas was besieged when this extraordinary docu- ment was issued, or that there was any necessity for the humil- iating annoyances imposed upon persons by the proclamation of martial law in Texas? Are such things necessary to aid the glorious cause of the independence of the South? To animate the hearts or to strengthen the arms of our warriors in battle? The
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