, 1856-08-29

Martial Law in Washington Territory.
Mr.. CAss. 4 very grave occurrence has
taken place on the extreme border Of the
Republic, on the shores Of the Pacific,
which, in my opinion, demands the inter
ference of Congress, or at any rate strict
scrutiny into the circumstances. | learn
from papers which l have received from
there, and they are confirmed by reports
in the public journals, that Gov. Stevens,
Of the Territory Of Washington, has under
taken to proclaim what he calls martial
law there and he has arrested the chief
Justice of the Territory while holding dis
trict court of the United States, sitting on
the bench. lie has closed the court, and
has sent the chief justice some distance of,
under a military guard, and there he retain
led him at the last accounts.
do not know whether the statement /
have received be the fact or not but it is
stated that five persons who had been pre-
viously arrested, and who were released, or
attempted to be released, or rather whose
cases were intended to bc examined by the
district Judge, which occasioned his arrest,
were TO be tried on the charge Of treason
within few days
I.have no desire to prcjudgc this matter
at all. / am willing to wait for all the
facts but it should be rccolected that an
officer, whether civil or military, stationed
in the remote sections Of IliiS Republic, bas
no power to proclaim martial law. 1t is
unknown to our Consultation aud our iusti-
tulionS. There was Cuse--an extreme
ease, which was justified by his cOtempora-
RIGS, and will be justified by postcrity, un-
der circumstances on which the public has
already pronounced judgment-the case Of
General Jackson, who, under extraordinary
circumstances, in the presence of power
full British army, who were on the point Of
seizng the city Of New Orleans, suspended
the ordinary execution Of the law but in
doing that he threw himself on his country /;
and if his country had. not borne him out
he would have been a ruined man. They
did bear him out But do not want an
officer on the border Of this Republic, un-
der ordinary circumstances, to follow the
example Of Gen. jackson, to proclaim mar
tial law on every Indian incursion. 1t is
not to he tolerated. There is no such pro-
vision IN the Constitution. Congress can
not proclaim martiallaw. 1t can suspend,
temporarily, in case Of invasion or rebellion,
the right Of hdbeas corpus but in the
mean time the other institutions Of the
county go on untouched That is all that
even Congress can do. Certainty, in the
presence Of an enemy extraordinary trans
actions may take place, as in the case Of
General Macomb, who burned the houses
in Plattsburg, under which tho enemy shell
tered himself He was right, and Congress
took up his case, and paid for the houses.
But these are extreme cases and man is
justified only by the circumstances, and
not because he has the power to do any
such thing Gov. Stevens, however, as
sumes to have the power.
repeat that1 have no wish PREJUDICE
this case what l want is, that the facts
connected with it shall come before the
Senate submit the following resolution
and as it is merely Que Of inquiry, l pre-
sumo there will be no objection to its I'M
mediate consideration
Rcsoired, That the President Of the Uni
ted States be requested to transmit to the
senate copies of the letters, and of any 9TH
eINpapers which may have been received at
either Of the executive departments in rela-
ton 10 the proclamation Of martial law in
the territory Of Washington by governor
Stevens; and also in relation to the arrest
of judge of said territory while holding n
district court Of the United States, and his
retention by military guard, and relating
to any other proceedings under the said
proclamation.
Mr.. BELL, of Tennessee. 1t seems to
me this is an inquiry that ought to be made
by the House of Representatives. l do
not know what view the Senator from
Michigan may have in relation to such an
inquiry but if that authority has been
assumed in Washington Territoty by the
Governor Of that Territory, no matter
what pretext he may have, it is an assump.
tion of power which ought TO be inquired
into in constitutional form. Sir, an ex.
ample should be made Of Governor of one
of our Territories, whether near or at re,
mote distance, who assumes such suthority
as that. Any inquiry We may make must
be in reference to proceedings in relation
to il. This is not the jurisdiction for that
We may be the judges 1t is case in
which we ought to sit in judgmentr.if there
be any foundation for the statement which
has been made. As the Senator has said
l would not be willing to prejudge the
case now on any statement that may be
made but permit me to say that do not
see what we have to Do with the report
when it shall come in, in response to this
resolutfoHs she President does not choose
to exercise authority Of removal.
But, sir, there is another remedy, and
this is a case which ought to be proceeded
with in accordance with the forms of the
Constitution. 1t is very high assumption
of authority for a Governor on that distant
border to proclaim martial law. We can
not even reach that country in less than