The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-09-12


commander-in-cliefo Of the victorious forces.
It had been his duty to carry on the war and
he had achieved the victory at an expense OF
three hundred thousand lives, and three Dill
ions of money. By oil the lawson war II was
his duty to secure the results OF the CONNECT.
To this end, for while, martial law was
spread over the whole State AMI the people
were without any civil government: was
it not constitutional, in such conditon OF
things, to enforce that law2 Was it duty
on the part of the high officer, entrusted with
the power to terminate the war and re-estab-
fish the allegiance of 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 which
he had Just 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 for
eign nation, which, being conquered, it Is
not the will of the conqueror that it shall re-
sumo its Independence without sufficient
guarantees of peace. He has the riightful
power 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 suppressing the re-
bellion, instruction and domestic violence,
was the sole Judge, after these were quoted
in the presence of mighty army, of the best
civil means for securing that tranquility. If
he had deemed it prudent to keep up marti-
al law, he could have done it 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 m.lder means for the same end, by
installing. for a time, civil authority of his
own selection2 It would be extraordinary,
indeed, if the President were invested with
the power to use mighty armies and fight
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exists civil law is superseded.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 may allow just so much OF the civil as he
may please He may extend it over the
whole of the conquered land or may confine
it within bounds. If he puts the entire peo-
pie under it, it is presumed that the security
of the objects of the war renders it necessary.
If he limits the area of its operation it is pre-
sumed to be 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 word, he
he may use such means, either of war or
peace, and it is his duty tie do so, which will
hest attain, and most effectually secure, the
purposes in view. If the continuancein 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 war by re-establishing civil
authority, it will ever be wise in him to adj
here us closely, as with safety he may, to the
usages of the people But it is q 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 arc 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 Vas unwill-
ing to trust Governor and Legislature, who
had urged bloody war for four years, to
| inaugutate 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, at the suggestion of the
President, he would 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 Conven-
ton of the people; or provided rules for the
| election of u Governor and Legislature II
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 If he cannot, it is certain
that, so long as he may choose to maintain
martial law, no other authority can. 1t j:
equally certain, that he is not bound to " it'll
draw that law in order to witness proceeding.
had for that purpose, under other counse
than his own.
Tina; such are the unquestioned laws O.
war is admitted by every writer ON the law.
of nations. need not cite authorities tt
sustain my views. The whole of them il
grouped in two sentences by the learned
Kent, vol. p Sc, who says: "The end O
war is to procure by force the justice which
cannot otherwise be attained, and the law.
of nations allow the means requisite to the
end. The persons and property of the enem,
may be attacked and captured, or DESTROYED
when necessary to procure PREPARATION or sc
curity."
If these laws Of war do not apply to TIL,
States it must be because of the peculiar fab
ric of the Federal government Although
from its foundations. it has been maintained
by many able statesmen, that each State haC
the right to withdraw from the Union q
pleasure, yet it is very certain that the gov
eminent has never, for one moment, beer
administered upon that theory ofits con
struction but upon the theory, that the Fed
eral government was supreme in the power
granted to it and if any question nigh
arise whether power claimed had BEEF
granted, its ultimate decision was to be set
tied toy federal authority Whenever, there
fore, before the late conflict any portion o
the people rose in arms against the authori
ity Of the government, they have been treate,
as rebels; and in like manner, whenever til
people of State, in their State organization
have attempted to throw off their allegianc
to the government, the State Organization