Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1867-03-07

pleasure. because he had that power before
but when limited monarch puts down an m
surrection. he must still govern according 70
law. If am instruction should take place IN
one of our States against the authority OF the
State government, and end in the overthrow OF
those who planned it, would that take away
the rights of all the people of the counties
where il was favored by a part or majority
of the population Could they, for such a
reason be wholly outlawed and deprived OF
their representation in the legislature? lhave
always conteuded that the government of the
TTn;ted States was sovereign within Its consti-
tutional sphere; that II executed Its laws IKE
the States themselves, by applying It's coercive
power directly 90 individuals; and thatlt could
put down insure ton with the same efiectas
State and no other The opposite doctrine Is
the worst heresy of those who advocated seces-
sion and cannot be agreed to without admit
TING that heresy to be right.
Invasion. instruction, rebellion and domes-
tic violence were anticipated when the govern
ment was framed and the means OF repeling
and suppressng them were wisely provided tor
in the constitution; but it was not thought ne
cesSary T. declare that the States in which they
might occur should be eXrelled from the Union.
Reheliions. which were invariably suppressed,
occurred pior TO that ont of which these ques-
tons grow s,tt the States continued to exist
and the Union remained unbroken. In MAS
sachusetts. in PENNSYLVANIA. in Rhode Island
and i'm New York. mt different periods IN onr
history. violent and armed opposition to the
United States was carried on but therclatonS
of those States with the federal government
were not supposed 10 uninterrupted or changer
thereby. after the rebelious portions of Their
| nopulation were defeated and put down. It's
trne that in these earlier cases there was no
c,tmal expression of determination to with
draw from the Union, but it is also true that
in the Southern States the ordinances of seces-
| sion weretreaeA by all the friends of the Union
as mere utilities, and are nowacknow'edgect u
he 50 hv the States themselves. II we admit
that they had any force or validity, or that
! thev did in fact take the States in winch they
were passed ont Of the Union, we sweep from
under our feet all the grounds upon which We
stord in mstifving the use of federal force TO
maintain the integrity of t G government.
This is a bill passed by Congress in time of
nea-e. There is not in any one of the States
hrnnght under its operation either war or IN
4r c ZION. The laws Of tie States and of the
federal government are all in undiStnrhed and
harmonious operation. The courts, State and
| Celeral. are open. and in the full exercise OF
their proper authority. Over every State com
prised in these five military districts, life, lib
er,y and property are secured by State laws
and Federal laws. and the national constitution
is everywhere in force and everywhere obeyed.
| What. then. is the ground on which this bill
proceeds? The title of the bill announces that
il is intended "fr the more efficient govern
ment" of these ten States. 1t is recited by way
Of preamble that no legal State governments.
''n0r adequate prt lection for lie or property
exist in those States, and that peace and good
order should be thus enforced. The first thing
which arrests attention upon these recitaIs,
which prepare the way FIR martial law, Is this
that the only foundation upon which mar
tial law can exist under our form Of govern
ment is not stated or SO much rs pretended
Ac,utl war, foreign invasion, domestic inSui-
rection-none Ct these appear; and none OF
these in fact exist. Ii is not even recited that
any sort OF war or Instruction is Threatened.
! Let us pause here to consider upon this qucs-
ton of constitutional law and the power OF
C mrresS a recent decision Of the Supreme
Court of the United States in er par'e MIIigan.
will first quote from the opinion of the ma
iority of the court: MARTIAL law cannot arise
from a threatened invasion. The necessity
must be actual and present, the invasion real,
such as cffectually closes the courts and depn-
ScS theciyi administration. We see thatmar-
tial law comes in only when actual war closes
the courts and depoSeS the civil authority; but
this BIZ. in time Of peace, makes martial law
- in uG
become the Cause instead of the consequence OF
the abrogation of civil authority. One more
quotation at fIllowS, from what has been
said on this subject, that there are occasions
when martial law can be properly applied
If in foreign invasion or civil war the courts
are actually closed, and it is impossible to adj
minister criminal Justice according to law, then
on the theatre of active military operations,
where war really prevails there is necessity
{ furnish a substitute for the civil authority,
thus overthrow, b. preserve the safety OF the
army and society; and as no power is left bat
the military, il is allowed IT, govern by martial
rule until the laws can have their free course.
now quo'e from the opinion of the minority
# the court. delivered by Chief Justice Chase
- We by no means assert tat Congress can eS-
-abliSh and apply the laws of war where no wal
has been declared or exists Where peace
exists. the laws of peace must prevail :
This is sufficiently explicit Peace exists in all
the TERRITORY 10 which this bill applies. 1t as
scrts pnwer in Congress, in time If peace, t.
set aside tie laws of peace and to substitute the
laws Of war. The minority, concurrng witt!
the majority, declares that Congress does not
possess that power. Again, and, if possible
more emphaticaly, the Chief Justice, with re-
markah'e cearness and c ndensation, sums W
the whole matter as follows
"Therea are under the constitution three kinds
of military juriSdiction--one to be exercised
both in peace and war; another to be exercised
in time ot FOREIGN war without the boundaries
Of the United States, or in time of rebellion and
civil war within States or districts occupied by
rebels treated as helligerents: aud a third to be
exercised in time of invasion or insurrecton
within the limits Of the United States or during
rebellion within the limits of the State main
tanning adhesion to the national government
when the public danger requires its exercise.
"TIe first Of these may be called jurisdiction