Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-03-23

or TO that ont of which these qucs
tions grow but the States contin
ued to exist and the Union remain
ed unbroken. In Massachusetts,, il
Pennsylvania, in Rhode Island, ant
in New York, at different period
in our history, violent and armed
opposition to the United States wa
carried on but the relations o
those States with the Federal Gov
ernment were not supposed to b'
interrupted or changed thereby, at,
ter the rebellious portions of theil
population were defeated and pu
down. 1t is true that in these ear
lier cases there was no formal ex
preston of n determination TO with
draw from the Union, but it is alsC
true that in the Southern States the
ordinances of secession were treated
by all the friends Of the Union a'
mere nullities, and are now acknowl
edged to be SO by the States them
selves. If we admit they had any
force or validity, or that they did In
fact take the States in which they
were passed out of the Union, We
sweep from under our feet all the
grounds upon which VIC stand in
justifying the use of Federal force
to maintain the integrity of the Gov
ernment.
This is a bill passed by Congress
in time of peace. There is not in
any one of the States brought under
its operation either war or insur-
rection. The laws fthc States and
the Federal Government are all in
undisturbcd and harmonious opera
ton. The courts, State and Fede-
raj, are open, and in the full exer-
else of their proper authority. Over
every State comprised in these five
military districts, life, liberty and
property are secured by State laws
and Federal laws, and the national
Constitution is everywhere obcyed.
What, then, is the ground on which
this bill proceeds? The title Of the
bill announces that it is intended
"for the more efficient government"
of these ten States. 1t is recitcd by
way of preamble that no legal State
governments, "nor adequate protec-
tion for life or property exists in
those States, and that peace and
good order should be thus enforced.
The first thing which arrests atten-
tion upon these recitals, which pre-
pare the way for martial law, is this
that the only foundation upon
which martial law can exist under
our form Of Government is not stat
ed or so much as pretended. Actual
war, foreign invasion, domestic in
surrection-none of these appear
and none of these in fact exist. 1t
is not even recited that any sort of
war or insurrection is threatened.
Let us pause here to consider upon
this question of constitutional law
and the power of Congress, recent
decision of the Supreme Court OF
the United States in er parte Milli-
gan.
will first quote from the opinion
of the majority of the court: "Mar-
tial law cannot arise from threat
ened invasion. The necessity must
be actual and present, the invasion
real, such as etfeotually closes the
courts and deposes the civil admin
istration." We see that martial law
comes in only when actual war clos
es the courts and deposes the civil
authority; but this bill in time of
peace, makes martial law operate as
though we were in actual war, and
become the cause instead of the con-
sequence of the abrogation of civil
authority. One more quotation at
follows 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 10 ad-
minister criminal justice according
to law, then, on the theatre of active
operations, where warreal-
ly prevails, there is necessity to
furnish q substitute for the civil au-
thority, thus overthrown, to pre-
serve the safety of the army and So
ciety; and as no power is left but
the military, it is allowed to govern
by martial rule until the laws can
have their free course"
l now quote from the opinion of
the minority of the Court, delivered
by Chief Justice Chase awe by no
means assert that Congress can es-
tablish and apply the laws of war
where no war has been declared or
exists. Where peace exists, the
laws of peace must prevail" This
is sufficiently explicit. Peace exists
in all the territory to which this bill
applies. 1t asserts a power in Con-
gress, in time of peace, to set aside
the laws of peace and TO substitute
the laws Of war. The minority
with the majority, de-
clares that Congress does not possess
that power. Again, and, if possible
more emphatically, the Chief JUS
lice, with remarkable clearness and
condensation, sums up the whole
matter as follows:
There are under the Constitu-
lion three kinds of military juris-
iiction-one to be exercised both in
peace and war; another to be exer-
,ised in time of foreign war without
the boundaries Of the United States,
Dr. in time of rebellion and civil war
within States or districts occupied
by rebels treated as belligerents
and a third to be exercised in time
IF invasion or insurrection within
he limits Of the United States, or
turing rebellion within the limits of
he States maintaining adhesion TO
Inc National Government, when the
II a