The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-09-11

+, rebel against that authority. Both parties
united as separatiss Many OF the latter
nartv still chung to the hope, that some TOT.
innate event would turn up, winch mlgnt
reunite the dismembered parts.
The United States, acting upon Tue Two
fold principle, proclaimed from Inc ioune'a.
ton of the government, that the Union was
indissoluble at the pleasure OF a minority Oh
H. Stotes and that the integrity OF the
linton was essential to tine safety of each and
every State. levied armies to restore the ma
tional authority and enforce obedience 10 lts
From the Goth, of May to the final surren-
der the State of North-CarolIna, In all lts
departments, political and civil, was IN Or
onnized resistance to the United States.-
nrr;no nil this time its Governor and It's
Iesoisiature were employed in bringing to
the aid of the war its entire resources OF men
and money and the judiciary cOncurred In
fine lepality of its course. Nothing was left
undone which could be DONE to disrupt the
common government and annihilate its auth
ority. During period of four years these
gigantic energies were displayed. At length,
However, the State was filled with the nISh-
ty and victorious armies OF the Union
Resistance was no longer practicable; and
the arm of State opposition unwillingly fell,
nerveIess and paraiyzed. The President was
commandments chief of the victorious forces.
1t had been his duty to carry on the war ana
he had achieved the victory ut an expense OF
three hundred thousand lives, and three bill
ions of money. BY all the laws OF war IL was
his duty to secure the results OF the conflict.
To this end, for while, martial law was
spread over the whole State and the people
were without any civil government. Was
it not constitutional, in such a condition OF
things to enforce that law? Was it duty
on the part of the high officer, entrusted with
the mower to terminate the war and re-estab-
lish the allegiance the people, was 1t his
duty, ask, to restore to power the Govern
or and the Legislature, who had been press
ing and using every available means, within
their reach, to oppose the very thing when
he had lust accomplished Was it his duty
to RELY on any promises of future loyalty
which they might make, while his victorious
banners were displayed before them The
most favorable position which the State, In
this condition, could occupy, is that OF tor
ejon nation, which, being conquered, 1t IS
not the will of the conqueror that 1t snail re-
sumo its independence without suihclent
guarantees of peace. He has tho rlghttul
mower to provide the means of securing its
dependence and he is the sole judge OF the
necessary means So the President, being
charged with the duty of suppresslng the re-
belliOn instruction and domestic violence,
was the sole Judge, after these were quoted
in the presence of y mighty army, OF the best
civil means for securing that tranquility. Ii
he had deemed it prudent to keep up martl-
al law he could have done 1t without ques-
ton, as far as the mere right of power was
concerned, because, necessarily, he was the
sole Judge of the eXpediency. May he not
use the milder means for the same end, by
installing for time, civil authority OF his
own selection? 1t would be extraordinary,
indeed, if the President were invested with
the power to use mighty armies and tight
bloody battles to suppress the rebellion OF a
State, and yet not use milder means to Sc
cure the object in view. When martial law
exists civil law is superseded. The conquer
or NAV allow Just so much OF the civil as he
NAV please He may extend it over the
whole of the conquered land or may contne
it within bounds. If he puts the entire peo-
pile under it, it is presumed that the security
of the objects of the war renders 1t necessary.
If he limits the of its operation, 1t Is pre-
sumed to he done because the security OF
those objects will not be endangered thereby.
He may extend martial law over the people
in certain particulars and allow the civil law
to operate in all matters else. In IL word, he
he may use such means, either of war or
peace and it is his duty tie do so, which will
best attain, and most etfectually secure, the
purposes in view If the continuance in pow
er of those who have fought him is in his
Judgment dangerous, he may displace them.
If the installation of Others in their place
would avoid the danger, he may install
them.
1t is true, that when he proposes to secure
the ends of the by re-establishing civil
authority, it will ever be wise in him to adj
here rs closely, as with safety he may. to the
usages of the people. But it is matter of
discretion with him to allow or refuse them.
If he propose the terms on which, alone. the
functions of the civil law may he resumed,
and they are refused, he may still continue
the martial law until they are accepted; and
if these terms be accepted, they must be en-
braced in good faith and punctually fulfilled.
If after accepting them, they are rejected or
carelessly complied with, he may restore the
martial law in its full vigor.
When the President said he was unwill-
ing to trust Governor and Legislature, who
had urged bloody war for four years, to
inaugutate q new civil administration of af-
fairs, he announced what he had the right
to say. When he proposed to allow loyal
citizens only to inaugurate civil government
he did not exceed the lawful power of a COM
mander-in-chief, who had won his power on
the battle field. If, to this hour, the people
of the State of North Carolina had refused
to call Convention, az the suggestion of the
President, he w0nld clearly have been au-
thorized to suppress all civil government
and continue in full force the martial law
Can this be questioned 1.-THE gubernatori-
al and legislative terms both had expired by
their own limitation, while the martial law
was in full vigor under the commander-in-
chief might he not have called a Conven-
ton of the people; or provided rules for the
election of Governor and Legislature? If
the supreme power, in State, which is sud-
denly bereft of its established organs, can
substitute others for re-inaugurating civil
government, cannot the Commander-in-chief,
who is, himself the supreme power,-may he
not, for the purpose of civil government, ap
point Governor, with the power to renew
and start afresh the dislocated machinery of
civil government 2 If he cannot, it is certain,
that so long as he may choose to maintain
martial law, no other authority can. 1t is
equally certain, that he is not bound to with
draw that law in order to witness proceedings
had for that purpose, under other counsel
than his own.
That such are the unquestioned laws of
war is admitted by every writer on the laws
of nations I need not cite authorities to