The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-12-25
Law. or No Law.

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assured that the dissolution of the Military
Commission was harbinger or guaranty
of o defnitive return to legal government
The President has always had the power
10 prohibit or break up these illegal tribu-
mails, and leave citizens TO be tried in civil
courts, by the laws of their country, and
before jury of their neighbors. Why he
has not long ere this, set down his foot
upon these assumptions of military authori-
ty, he can best explain. At any rate, we
have now the assurance that both the Chief
Magistrate and the Supreme Court are
disposed 10 do that one paramount duty
for which they exist-that is, the duty OF
seeing the laws duly executed. While the
yindictive rage of the dominant faction in
Congress is threatening to sweep down and
annihilate every veStige of the Constitu-
ton, il is we'll to know that there does
actually exist barrier against that foul
torrent. In the estimation at least of the
Chief Executive and of the Supreme Judi
ciary, there are still States in this south
ern country, and State laws and courts,
and civil rights Of citizens. Moreover, they
are of opinion that this is time of peace,
and that the war is not raging at the pre-
sent hour; a fact which one might think
sufficiently apparent TO any one with eyes
in his head but a fact which is constantly
and solcmnly denied in the halls of Con
gress by the leaders of the party which
seeks to rule or ruin the country.
Now comes the question, What will
Congress do, or attempt to do, in order to
nullity the action of the Executive and the
Judiciary, and 10 maintain their principle
that we are not citizens, but prisoners of
war, FagQnte bello, and stripped entirely Of
all human right, by what they love to call
"the arbitrament Of the sword"3 All the
action, all the professions of the dominant
majority, before the recess, point to a sys-
tematc design on their part to destroy or
nullify the constitutional functions of the
President, and to govern the country with
out him, and in spite of him. No sooner
also, was the late decision of the Supreme
Court against military trials known through
out the North than immediate cutlery was
raised by the baSest press in all the earth,
calling for a reconstruction of the Supreme
Court itself-in other words, for the de-
struction of all law in this land. We must
make the court, say they, in harmony with
the revolution" with the great princi-
pies decided by the war-that is TO say,
as it is the sacred office Of law to protect
the weak from the oppression OF the strong,
that law must be abolished and leave the
successful party free to wreak their VEN
geance to the last extremity upon those
who are for the moment disarmed aad de-
fenceless. This is what they call the right
Of conquest, or right of the stronger; and
We fear the struggle between that pre-
tended right on the one hand, and the laws
of the land on the other, is not over yet.
If Congress reasSembles in the same frame
of mind in which il adjourned, and per-
haps additionally exaSperated by this very
decision of the court, and the presidential
order il accordance with it, we may be
ONLY at the commencement of q strife that
will shake tie continent to its centre.
AS for US, we can but look on and make
continual protest against the monstrous
theory that by our defeat we have lost not
only the cause in which we waged war,
but every right of humanity along with it,
To the arbitrament Of the sword We do
submit. All that was in issue in that dread
full war we confess that we have lost
that is to say, our Confederate Govern
ment and Congress, with the entire results
flowing from their acts, our Confederate
flag, Confederate securities, and the place
which we asserted for ourselves among the
nations. All that is gone, but no more
than that. Every attempt by the success
ful party to push their conquest farther
than this, is mere oppression and uSurpa-
ton and we must continue 10 assert our
rights as men, lest through our own tdcheS
we give precedent and foundation for
the barbarous pretension Of this fright OF
the stronger" ..
"The stronger" says great writer, ais
"never strong enough to be sure of being
:. always the master, if he do not trans
4" form force into law, and submission into
4" a duty. Force is a physical power; and
81 cannot see what moral obligation can
q result from that. To yield to force is an
!" act of necessity, not of will at most, it
sis an act OF prudence. In what sense,
!" then, can it be dutyS Let us suppose
!" for a moment the existence Of this pre-
/" tended right--there results nothing but
/" confusion for when it is force that
:. makes the right, tho effect changes with
- the cause. Amy force which surpasses
% the first, succeeds to its right. SO soon
:. as one may disobey with impunity, he
. may do it rightfully; and since the
. stronger is always in the right, one has
. but to make sure Of being always the
!. stronger. Now, what is that right which
. perishss when the force ceasesf II we
are compelled to obey by force, there is