The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1867-03-14

while the third may be dencminated
martial law proper, and is called into
action by Congress, or temporarily,
when the action Of Congress cannot be
invited, ,and in the case of justifying or
excusing peril, by the President, in
times of instruction or invasion or Of
civil or foreign war, within districts or
localities where ordinary law no longer
adequately secures public safety and
private rights.
Il will be observed that of the three
kinds of military jurisdiction which can
be exercised or created under our consti-
tuition, there is but one that can prevail
in time of peace, and that is the code OF
laws enacted by Congress for the govern
ment of the national forces. That body
Of military law has no application to the
citizen, nor even to the citizen soldier
enrolled in the militia in time of peace.
But this bill is not a part of that sort of
military law, for that applies only to
! the soldier and not to the citizen, whilst,
contrariwise, the military law provided
| by this bill applies only to the citizen
and not to the soldier.
/ l need not say to the representatives
Of the American people that their eonsti-
tuition forbids the exercise of judicial
power in any way but one-that is by
the ordained and established courts. 10
is equally well known that in all crimi-
nal eases a trial by jury is made indis-
pensable by the express words of that
Instrument. | will not enlarge on the
| inestimabie value of the right thus
secured to every freeman, or speak OF
the danger to public liberty in all parts
af the country which must ensue from q
denial of it anywhere or upon any pre-
| tense. A very recent decision of the
Supreme Court has traced the history,
the value of this great privilege so
clearly that nothing more is needed. To
what extent violation CT it might be
excused ia time of war orpublic danger
may admit Of discussion, but we are
providing now for a time of profound
peace, where there is not All armed sol
tlier within our borders, except those
who are in the service Of the govern
ment.
1t is i'll such condition Of things that
an act Of Congress is proposed which, if
carried out, weuld deny trial by the
lawful courts and juries to nine millions
of American citizens, and to their pos
terity for an indefinite period. It seems
to be scarcely possible that any one
should seriously believe this consistent
with a Constitution which declares, in
simple, plain, and unambiguous Ian
guage, that all persons shall have that
right, and that no person shall ever in
any case te deprived Of it. The Consti-
tuition also forbids the arrest of the citi-
zen without judicial warrant, founded
Oh probable cause. This bill authorizes
an arrest without warrant, at the pleas
ure of q military commander. The
Constitution declares that no person
shall be held to answer for a capital or
otherwise infamous crime unless on pre-
sentiment by grand jury" This bill
holds every person not a soldier answer
able for all crimes anG all charges with
out any presentment. The Constitution
declares that no person shall be de-
prived of life, liberty, or property with
out due process of law" This bill sets
aside all process of law, and makes the
citizen answerable in his person and
property to the will of one man, and as
to his life to the will Of two. Finally,
the Constitution declares that the
privilege of the writ of habeas corpus
shall not be suspended unless when, in
case of rebellion or invasion, the public
safety may require it," whereas this
bill DEGREES martial law (which of itself
suspends this great WRIT in time of
peace, and authorizes the military to
make the arrest, and gives to the prison.
er Only one privilege, and that is, a
trial without unnecessary delay" He
has no hope of release from custody,
except the hope, such as it is, of release
by acquittal before military COM
mission.
The United States are bound to guar
antee to each State q republican form of
government. Can it be pretended that
this obligation is not palpably broken
if we carry out a measure like this,
which wipes away every vestige of re-
publican government in ten States, and
puts the life, property, liberty, and
honor of all the people in each Of them
under the domination of single person
clothed with unlimited authority:
The Parliament in England, exer-
cising the emnipotent power which it
claimed, was accustomed to pass bills of
attainder; that is to say, it would con-
Wet men of treason and other crimes by
legislative enactment. The person ac-
cused had a hearing, sometimes patient
and fair one; but generally party pre-
judioe prevailed instead of justice. 1t
often became Necessary for Parliament
to acknowledge error and reverse it's
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