Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1867-03-14

on; but the relations Of those States with
the Federrl Government were not supposed
to be interrupted or changed thereby after
the rebellious portions Of their population
We're defeated and put down It is true
that in these earlier cases there was no
formal expression Of determination to
withdraw from the Union, but it is also
true that in the Southern States the ordi-
nances Of secession were treated By all the
friends Of. the Union as mere. utilities, and
are now acknowled gedto Re 50 by the States
themselves IF we admit that they had
any force orfvalidity, aor that they did in
fact take the States in which they passed
out of the Union, we sweep from under our
feet all the ground upon which we stand in
justifying the use Of Federal force to MAIN
tain the integrity of the Government.
This is a bill passed by Congress in times
Of peace There is not III any ono Of the
States brought Under its operation either
war or instructions The laws of the States
and of the Federal Government are all in
undisturbed and harmonious operation.
The courts, State and Federal, are open,
and in the full exercise Of their proper au-
thority. Over every State comprised in
these five military districts, life, liberty,
and property are secured by State laws and
Federal laws, and the National Constitu-
ton is everywhere in force and everywhere
obeyed. What, then, is the ground on
which this bill proceeds .? Thetitle of the
bill announces that it is intended ''for the
more efficient government" of these ten
States. 1t is recited by way Of preamble
that DO legal State Governments, |:nor
adequate protection for life or property"
exist in those States, and that peace and
good order should be thus enforced The
first thing which arrests attention upon
these. recitals. which prepare the way for
martial law, is this-that the only founda-
ton upon which martiaI4law can exist I'M
der our form of government is not stated
or so much as pretended. Actual war,
foreign invasion, domestic .insurrection-
none Of these appear and none Of these
in fact exist. It is not even recited that any
sort Of war or insurretton is threatened
Let us pause here to consider, upona this
question Of constitutional law. ana the pow
er OF Congress, a recent decision Of the Su-
preme Court Of the United Statesin &c paite
Milligan. ae.:era Il s15 MI
Twill first quote from the opinion Of the
majority of the Court Martial law can
not arise from threatened invasion. The
must be actual and present the
invasion real such as etfectually closes the
courts and deposes the civil admnistra-
ton" We see that martial law comes in
only when actual war closes thecourts and
deposes the civil authority but this bill,
in time of peace, makes martial law oper-
ate as though we were in actual war, and
becomes the cause, instead Of the conse-
quence Of the abrogation Of civil authority.
One more quotation : ''It follows from
what has been said On this subject that
there are occasions when martial law can
be properly applied. IF in foreign invas-
ion or civil war the. courts are actually
closed, and it is impossible to administer
criminal justice according to law, then, on
the theatre of active military operations,
where war really prevails, there is ne
cessity to furnish q substitute for the civil
authority, thus overthrow; to preserve the
safety of the army and society; 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"
I now quote from the opinion Of the min
GRITTY Of the Court, delivered by Chief JUS
tice. Chase eve by no means assert that
Congress can establish 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 bin applies. It asserts pow
er in Congress, in time. of peace, to set a
side the laws of peace and substitute the
laws Of war The minority, coneurring
with the majority, declares that Congress
does not possess that power. Again, and.
if possible, more emphaticaly. the Chief
Justice, with remarkable clearness and
condensation, sums up the whole matter
as follows
There are under the Constitution three
kinds Of military jurisdlction-on to be
exercised both in peace and war; another
to be exercised in tine of foreign war with
out the boundaries of tie e. States, or in
time Of a rebellion and civil war within
States or districts occupied by rebels treat
ed as belligerents and third to be exer-
cised in time of invasion or Instruction
within the limits of the United States, or
during rebellion within the limits of the
States maintaining adhesion to the Nation
al Government, when the public danger
requires It's exercise The first of these
may be called jurisdiction under MILITARY
Law, and is found in acts of Congress pre-
scribing rules and articles of war, or 9TH
erwise providing for the government Of the
national forces !; the second may be dis
tineuished as NILITAeY GoyxRNMENr. SUI
pcrseding, as far as may be deemed expe-.
dent, the local law, and exercised by the
military commander under the dire of
the President with the express or implied
sanction of Congress while the third may