Pendleton, George H., Washington, D. C., to James Alphonsus McMaster, New York, New York, 1860 December 16
Scope and Contents
Pendleton states that a rule of their house compelled him to make his speech, on the suspension of the Habeas Corpus upon the "Martial law", because it substitutes the will of the commander for the constitution and laws, and it cannot be put in force except over the constitution and laws. The rules and articles of war prescribe the law for the government of armies, camps, etc., and these laws are accurately defined. They are authorized by the constitution and they are enacted by Congress. These laws together with the civil laws, contribute the "rule of civil conduct" which governs the people. Anything beyond this is mere usurpation and military power. Pendleton only touches upon this subject indirectly, because it was impossible for him to treat if fully. He acknowledges the receipt of the letter and paper Freeman's Journal from McMaster. He sends to McMaster a copy of the "Globe", which contains a correct report of his argument. :: I-1-m A.L.S. 4pp. 12mo.
Dates
- Creation: 1860 December 16
Language of Materials
English.
Genre / Form
Repository Details
Part of the University of Notre Dame Archives Repository