Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1866-05-04
CONGRESSIONAL
DEBATE IN THE SENATE, APRIL is, 1895,
~ fke B,lss yslas,on 10 fhe ha5eos oo.pst.


on tie BUitr vslation 10 As ha5eos eo.pes.
M RDMUNDs. move to amend the bill by add.
ing at the end Of the twentieth line q the first section
or 20 far ss Il operates defense for any &c, done
omitted " any ss.e reprss,pnd ~ Sonse.s during the re
emission, msr,isiis was not 10 force.
Mi President am not one Of tina, class Of persons who
struck With constitutional paralysis every occa-
sion -hsn some Necessary law for the security Of the
public 10 about 10 be tntoed; and therefore am vii
ling go far any reasonable degree Of patriotism, or
Any reasonable degree Of courage will pern II into
the dtbstsbe land 81 constitutional doubt In pssine
acts Of this kind which really designed oi the seeui
~ ~ men who have zen ac under the ofdert OF ihe
Government In enfoioit the laws but has appeared
10 that there limits beyond vhieh II lie net only
unsafe, but unwise for those who represent me
noble purpose ~ tbst OF pfots citing The persons
whom s said have been sued in aet ms at law for car.
ing out the orders Of the President Of the United States
either directly OF indirectly.
The act Of 1868 to which this bill is an tmtndm ent
simply provided that the der Of the PIetdsnt Of the
United States the order OF any acting under his
authority should stand dstntt agsint actions Of this
Description. This bill Poes further and provides that not
the Secretary Of War but the order Of any military t
Of the United States he ldne the command Of the de-
partment, the district, or the place within which any
search seizure, arrest or imprisonment made, &C.
shall stand defense In and Of iut 90 that in states
Of the Union which have been In rebellion in States
Of the Union where martial Law has never been proclaim
cd, the act Of captain recruiting company OF solun
TIERS 10 10 be by an tr po toefo law mpete dehnse
70 action Of uepass against him for false imprson
mtnt, or for taking horse, orvbsie,eii may be- Ger
tsinly be necessity indeed which dives
to such legislation that III the tspci.e, ~ It
sppears to me, In regions where martial Law snd rebel
lion havo not pre-, allied at ALL OF power which Tan no
where be found In the Constitution, which here
be rAtd BY implies ton fItm any o. its provisions and
which II contrary 10 the natural sense OF justice wbi,h
ptfvsdes every mans bosom.
know that there is precedent for this slaps Of leg
islaton. In the time OF that hing who VAS called, -
rather mi,esltd, the hnt gentleman in hwope', and
Who certainly the vert arch, and whose feart
Of assa,aipstion and the overthrow Of his GoveTumsn
were such 40 to drive him ntsIly crazy ,ubseiti,n
Partisan ent passed ewhat similar TO tn which
declared that all stss Of people suspected Of Treason
which had teen made or which might be made within
certain limited time, shout be regarded as lawful, 1t de
pendent u the question Of whether there was any ouno
Of suspicion, and independent Of the question What sub
ject Of his Britannia Majesty II was who th uld make III
arrest But, cir have yet 10 learn that any court II
Great Britain ever upheld an Of that Description.
believe that no dtoisior be found anywhere In any
civilized community holding that poet ia 10 enact
pen detlsfing by mere force Of he Law, thai pact
Transaction shall be guilty or guililsss had force
all except as II fortified martial law optrAud upon
districts ~here civil law not in force Therefore it
has appeared to me- not have said before, az one nj
those persons who are del ehteo 10 find CONSTITUTIONS
objections TO every thing which posed in the dis
turoed state Of the county but rather one o. o,
Who desire 10 that noble instrument 10 it's fullest t1
tent and not to abuse its powers, that 1t Is unwse q.
well as illegal 10 pass law Of this description, which op
crates upon districts of the country where tb has teeD
perfect iepose ard where the mantle Of the civil law a
been unfoldsd day b, day in the courts Of justice.
Now. II i correctly understand public law lend do
Law does prevail the order Of the commanding tfotr
the order Of his subordinate traced down through to the
smallest corporal that carries musket so that 1t ems
mates from hesdquarers as all proper ditcplne make
order emanste IL defense independent OF ebsctmtnti
and ndepep dent Of any special statute on the subject
There nearing which can be attached in my JudR
ment to the term martial law except that II has the
force OF law and therefore II there any sections Of
this country where martial law has prevailed and where
these arrests and mprisonmtns and seizures have been
made whether night or wrong 10 that they were ade
BY ofy Of the tuJ srof andT that very law
itself furnishes the justification. and 4 n'eds no act Of
Congress to confirm IT, Al the same time an willing,
II be thought that act OF Congress- will make II
stronger 10 acquesee in that opinion But whtu you
ask me to 20 step further and into regions where
peace and repose have pIevsisd continually ana
shsl law has not ezatt6 and where no foe h. rated
his banner any where and to say that the orcer OF the
President Of the United States OF the order of other
person protesting under his authority, however
mote 10 TO be held defense In court Of Law, then
am eompelledto disagree because inyade' what have
aways been considered the fundamental private rights
OF every mtmber Of oigsnized society.
Where ia the necessity oft II any Of these arrests
where civil Law p,s,siss and were ,ie huy made. can
they not be defeIded Ifhey have been wronPy made.
ought they 10 be defended by an enactment q this hind,
after the fact which without inquiry into the circum
stances Of the wrong bndly declares that the wrong
shall not be rtdretstdf am sure not Therefore II
has appeared 10 me that every good end which this bill
has in vtw-and ssrte it has good ends in VIEWS
reached BY adopting the amendment which have pro-
posed.
The usual course and in my juds me Mt le right one
and tie course which ought be pursued even in those
regions where rebellion and martial Jaw have prev allied
and the one which will be mos, ,tcusl for the prottc
ton OF those ptftort who sued, bill of indemnity
rather than tdct Of defense Let declare that the
United states district attorney for every district where
any Of th... suits is brought 'h. upon proper Affidavit
name Of the Un sstst and take CT srge Of the
himself and any citizen has brought fsss and sez-
stous suit pose double treble costs upon him
penalty Tor Bringing tueh suit That lie species Of
ltgis alton with would commend itself to the
county. But there can be certainly no justice In deny
IN. uAr A.sA
OF trying his in the courts Of his country the
ground that some no has been ,exaously in his
own opinion injured will turn around, and without
thofty and without tight bring tction which he ought
not to sustain. suth legislation, it Appears to e.
will resoh nuth more bn,fcent d. not only for the
reputation Of the county and for s peace and tpoe
but for the personal protects and ,he personal Adsn-
t,ee a the class Of persons whom ". are all dttTous
% protect
Mr.. CLARK. | boIe this amendment will not be
agreed TO by the Senate The scope Of it, undtrstand
Is TO limit The 'fee, Of n, bill TO thc,e States in which
marital law has teen declared, OF rather whore the ha
bsas eopu has been tutp,r ded leave thtse men
Who v.Ie eonmsr ded o do csitsin things IN States
where the hatsos oo'fm has rot heen ,nd,d. ~
their military sOpeois, to take their chs with ,u
Al law The bill Ia in amer dmsnt Of an Pc sieh
. 1853 isstrg 10 haosos con "a ard regulating judi
es proceedings IN certain cases., and he iouih section
Of that act provided:
That any order Of hs President under his su,bory,
%s oau Gu 10 &c, ssc c
s,l or criminal pending or TO be ssIeh
uRs .nS ), Slas ass cd
special nss Ss'n's may
You will bear in mind, M Pr,,id.nt that this section
provides that any order OF the Pstidnt under his
authority ibn he deitnie In the course Of this Ne.
beonA great many things have been done by other Of
heers ban the Preside OF the United States and whtre
you cannot trace the act dtet, back 10 the authority OF
the fIttidsnt IS for ntihntt, genial in command
would oIoer certain thing 10 be done, and The tfcer
under him, he inferior fe,I CT The SOLDIER, WOULD so
and do IT and the &C, Of March g. 1868 was no po-
lection either TO The tfioeT the msn under him Who
Did the oct, betaute be could trace his Auli GRITTY
back to The President This bill goes pIoydt fur
tber, that thete acts were done by any ceI PER
son updsT sndby virtue Of oIdsr write urbs"
II bsIIus stmttmes that The oidsT was verbal ihsie
vas DO written order, and dif ut to be proved in
THE fetIeei- general OF special itued by the PIsti-
dent o. steIsiAry Of War q by sny military tfcer Of
tie unrtd State, holding the CO msnd q the deJNt
mont ditpiet place within which ~ iEui
ufsst on mpfhohmsbtw wac made, done, or etmmittsd "
that or der thall be a defense.
Now, il hal pens az No rebellion 10 passing away
a. the rebel soldiers and feers returning 10 their
homes, that may iay Thousands Of suits tpfp cling
up all thought the lnd, especially where the itbtion
prevailed, stsirst he loyal Of the county Who
dtavoied TO put the Itbe down. in ore single State
and that sate Which never seeded, I'm told ttee
are three tboutsod Of bese suits tgsinst the loyal men
who atitn ptd 10 put the rebellion down, sud tuArRe
20 ,sJ IN ihs, sis'e tome o. the eouts hAy. dscsItd
vas 10 dtfnse. tui heiysn ty rebel II Was defense
and the nan set nee That 10 so
hpow.
Nj. CT ARK. Ibavs It from the member Of Congress
who was 10 the eovTt when II was done.
Nj yoBftON One Of the Superior eouIisi
Mr., CLARK. One Of the courts Of one Of the States
Il n n N sfl he. ls.te