Clarksville weekly chronicle. [volume] (Clarksville, Tenn.) 1865-1867, 1867-03-15

ment of the United States was sovereig,
within its constitutional sphere, that II exc
cuted its laws like the States themselves. an,
that II could put down insurrection with IN
same effect as a State. l.r.....-I Il -
The other opposite doctrine Is the wors
heresy of those who advocate secession. an,
cannot be agreed to without admitting tha
heresy to be right. .lnsurrection, rebellion
and domestic violence were anticipated whet
tue government was formed. and the mean.
OF repelling anc suppressing them were wise
y provided for in the constitution; but 4
was not thought necessary that the States In
which they might arise should be expelled
from the Union. Rebellions which were in.
varia6ly suppressed occurred prior to thai
out OF which these questions grew but the
states continued to exist and the Union
remained hnbroksn. In Massachusetts. in
pennsylvania, In Rhode Island, and in New
fork, at different periods OF our history. VIC.
lent and armed opposition to the United
States was carried on but the relations o.
tnose States with the Federal government
were not supposed to be interrupted or chang
Gu after the rebellious port on Of the popiI.
lation were defeated and put down. II Il
true that in these earlier cases there was nc
formal expression Of determination to with
daw from the Union but it is also true thai
in Southern States the ordinance of seces-
sion was treated by all the friends OF the
Union as mere utilities, and are now ac-
knowledged to be so by the States them
selves. '4''
II we admit that they had any force OF
validity, or that they did in fact take States
IN which they were passed out Of the Union,
we sweep from under 0ui feet all grounds
upon which we stand in justifying the use Of
Federal forces to maintain the integrity ol
the government. This is bill passed by
Congress in time Of peace. There is not in
any one OF the States brought under its oper-
tions either war or instructions. The laws
of the States and the Federal eovernmen,
are 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 comprising the five-
military districts. Life liberty and proper
ty are secured by the State and Federal
laws, and the National Constitution Is
everywhere obeyed. What, then, is the
ground on which this bill is promised 2 .
The title of the bill announces that IL Il
intended for the efficient government O,
these ten States. 1t is recited by way Of pre-.
ambie that no legal State governments. noI
adequate protection for life or property exist
IN those States, and that peace and good or.
der should thus be enforced. The first thing
that arrests attention upon these recitals
which prepare the way for martial law to ex
.st under our form Of government, is no,
stated, or so much rs pretended. Actual
war, foreign invasion, domestic insurrection
none Of these effect and none of these in fac,
exist, and 1t is not recited that ANY sort ol
war or insurrecrion is threatened.
let us pause TO consider upon this ques.
ton OF constitutional law, and the power, o.
Congress in the recent decision of the Su.
preme Court of the I'm ted States in exparts
Milligan. will first quote from major.
ity of the Court "Martial law canno
arise from threatened invasion. The ncces.
sity must be actual and present, the invasion
real, so as to effectually close the courts
and depose the civil authorities" We see
that martial law comes in only when actua
war closes courts and deposes civil authori
ty, but this bill in time of peace, make.
martial law operate as though we were il
actual war, and become the cause, instead O
the consequence Of the abrogation of civi
authority. One more qualification. 1t fol.
lows, from what has been said on this sub.
ject that there are occasions when. martha
law can be properly applied. If in foreign
invasion the civil courts are closed, and il |.
impossible to administer justice according tc
law, then on the tbeater, of military opera.
tions where war really prevails, there is a
necessity to furnish substitute for the civi
authority thus overthrown, to preserve the
safety Of the army and society. and as nc
power is lett but the military, and it alone te
govern by martial rule until hws can have
their free course.
now quote from the opinion Of the min
ority of the Court, delivered by Chief Jus.
tice Chase: awe by no means assert that
Congress can establish and apply the laws o.
war where no war has been declared or ex-
lists. 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 that after GER
tain time Of peace, it sets aside the laws oi
peace and substitutes the laws Of war. The
minority concurring with the majority, de-
clares that Congress does not possess that
power. Again, and, If possible, more en-
phatcally, the Chief Justice, with remarka-
BILE clearness and condensation, sums up the
whole matter as follows.
There are, under the Constitution. three
kinds Of military iurisdiction--one TO be ex
ercised both in peace and in war, another
to be exercised In time of Foreign war
without the boundaries Of the United States
or in times Of rebellion and civil war with.
in the States Of the district occupied by Reb-
els, treated as beligerents, and third 10 be
exercised in time of invasion or insurrection,
without the limits of the United States OF
during the rebellion within the limits OF
States maintaining their adhesion to the Ma.
tional Government when public danger re-
quircs its exercise; frst-of these may be
called into jurisdiction under military law,
and is found In acts Of Congress prescribing
the rules and articles Of war, or otherwise
providing for the government Of the natio
al forces. Second-It may be distinguished
as military government by superceding as
far as may deemed exped cut, the local law
and exercised by the military comma nder
under the direction Of the President, with
the express or implied sanction of Congress.
Third-It may be dsnominated martial law
proper, and is called into action by Congress
or temporarily when the action Of Congress
cannot be united, and in case Of justifying
or excusing peril, by the President, in times
Of instruction or invasion, Of civil or for
eign war within the districts or localities
where ordinary law is no longer adequately
secure for public safety.
II will be observed that. Of the three kinds
of military jurisdiction which can be exercis.
ed or created under our constitution, there is
but one that can prevail 10 time Of peace,
and that is the code Of laws enacted by Con-
gress for the government of the National
forces That code of military law has no