Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-10-15

people for whom it is provided desire it.
The first section OF this infamous bill, makes
the civil authority of those States, subject to
the military; thereby transforming at a single
blow, the eutire structure of our political or
ganizatiOn.
The second section, makes it the duty of
the President to use such means, therein spe-
Gifted, as may be necessary to carry out its
provisions
The third section invests the district COM
manders with the judicial power, giving them
the authority "f 0Ho,eing local civil tribunals
to take jurisdiction of, and to try offenders.
or when IN their judgment it may be neces-
sary, they may organize military tribunals
for that purpose.
The fourth section provides for the appro-
val of the district commander. of any sentence
of a military commission or tribunal, affecting
the life or liberty Of any per,on; and also, for
the approval OF the President, in cases Of sem
tence of death.
Within these four sections, are the powers
delegated by Congress to the district COM
munders of the several States referred to-
Never before since we have been u nation,
has such mass Of unconstitutionalities been
accumulated in a single bill, and held up for
the approval Of the people. lfit is sustained,
then American liberty will be numbered
among the-things of the past, and this grand
old fabric, our boast and our pride, toppled
from her high pinacle of fame and lenUwn,
deep into the mire of military despotism.
In the four sections alluded to, there are
seven violations of the Constitution, SO plain
and palPable, that the wayiaring man, though
fool, need not err therein. Think of it =
Ponder upon the vast importance of this sub.
ject, aud let reason dictate to you, what should
be your action. Seven violations of the Com
stItutiOn, hy four scctioas Of single bill =
Let us see what they are.
First then: Has Congress the right, in
times OF peace, to declare martial law. thereby
compelling the civil authority into tame sub
mission to the military? 1t we regard the
supreme law of the land, clearly not. Clause
I'd. of sec. 9th. art. lst of the Constitution.
says: The privilege of the writ of haLcus
corpus shall not be suspended, except when
in case Of rebellion or invasion, the public
safety may demand it," This bill proclaims
martial law and suSpeuds the writ itself l.
there rebellion in the land now to Justify
its suspension
For more than two years, has the rebellion
ceased aud long ago, has the proclamation
been issued to that effect. From the Potomac
to the Rio Grande, floats the flag of cur cuun
try, and not armed foe is there. who offers
violence to its cOlOrs. Those people who were
led astray by the pernIciOrs dogma OF seces
sion. and for four years maintained war
against the government, have long since ceased
their hOstIliIieJ, accepted aud acted in good
faith with the decisions Of the war, aud now,
but ask that protection of their liberties which
the old banner guarantees to every one who
will come within her folds.
Is there an invasion of our land? There
is not a foreign power who even cOntemplates
such design. Our relations with foreign
governments, are generally of the most ami
cable character. These things being true,
aud defy any man to refute them, it follows
as a clear matter ut fact, that this or.auiza-
ton Of military power, is vile and fugrant
usurpation Of authority.
The writ OF H"beGS corpus is the funda-
mental and efficient safeguard of the liberties
Of Tree people aud well may the great
privilege which It besiows. be watched with
jealous eye. When that is gone, you are
at the complete mercy of your rulers, waf,
tossed to and fro, by the surgiug bilIows of
hatred, malice, revenge and viudictivrneSs,
that may roll within the breast of frail ku-
mImity. God forbid, that you should SO far
forget your duty TO yourself aud to Your cOun
try, as to lend your efforts to strike down a
principle. treighted with the greatest blessing
that exists IN the government of man.
Clause 3D. OF Sec. 9th, Art lst, of the
Constitution says: No bill Of attunder or clr
post tncio law, shall be passed. But this bill
provides n new punishment for an offence
which was committed from two to six years
ago. Experience has taught mankind to an
tcpate violence and immortality. to ii greater
or less extent, and reason. and the welfare of
society, have demonstrated the necessity OF
adopting such laws, as will best hold them in
restraint Those laws are made for the ex-
press purpose Of governing the actions of men;
aud so long they are not violated, there
can no Just complaint arise, so far as man 5
jurisdiction is concerned. But, if they are
violated, then the punishment which they
prescribe, can be enforced, aud no other
TO illustrate it: Suppose man commits an
act to-day, which merely amounts to trespass,
and next winter the legislature of our State
would enact a law, making the same act a
penitentlary offence, would you not consider
1t exceedingly unjust aud contrary to every
principle of reason, ii that man should be
tried under the act of the legislature, which
aid not exist at the time the offence was com,
mit'ed? &? Most assuredly, you would.
Clause Sd, of sec. ,, article Sd Of the Con-
sti;ution, says: The trial Of all crimes, ex-
cept in cases of impeachment, shall be bv
jury" This bill says: They may be tried by
local civil tribunals, or when. in the judgment
Of the district commander, it may be necessa
ry, he shall have the power to organize Mill
tary commissions or tribunals for that purpose.
The citizen is to be deprived of the right of
trial 10y jury-the very object Of which,
has always been that Justice might be render
ed by free aud impartial minds. iu accordance
wiih the circumstances of the case; aud his
liberty and property t" be put at the disposal
ot such military commission, as the district
commander may ch""S" =" "r@anize. Can any
sane man suppose for monel tina, such
supervision II ad,q"a,e u.rIe out the ends
Of impartial Justice? Such a supposition.
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