Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1867-03-08

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ment OF the national forces the second may
! be distinguished as Military Government,
superseding, as far as may be deemed expe-
dent, the local law, and exercised by the
military commander under the direction of
the President, with the express or implied
sanction Of Congress; while the third may
be denominated Martial Law Proper, and is
called into action by Congress, Or temporal
rily, when the action Of Congress cannot BE-
invited, and in the case Of justifying or ex-
cusing peril, by the President, in times OF
instruction or invasion or OF civil or for
eien war, within districts Or localities where
ordinary law no longer adequately secures
public safety and private rights
1t will be observed that Of the three kinds
Of military jurisdiction which can be exer-
cised or created under our Constitution,
there is but one that can prevail In time of
peace, and that is the code of laws enacted
by Congress for the government Of the ma
tional 70. rces.. That body Of military law
has no application to the citizen, nor even to
the citizen soldier enrolled IN the militia in
time of peace. But this bill is not part of
that sort of military law. for that applies on
" to the soldier and not to the citizen,
whilst, contrariwise, the military law provi-
ded by this bill applies only to the citizen
and not to the soldier.
| need not say to the Representatives Of
the American people that their Constitution
forbids the exercise of judicial power in any
way but one that is by the ordained and es-
tablished courts. It is equally well known
that in all criminal eases a trial oy jury is
made indispensable by the express words Of
that instrument [ will not enlarge on the
inestimable value Of the right thus secured
to every freeman, or speak of the danger to
the public liberty in all parts Of the country
which must ensue from denial Oft anywhere
OF upon any pretence. A very recent decis-
ion Of the Supreme Court has traced the his
tory, vindicated the dignity, and made known
the value of this great privilege so clearly
that nothing more is needed. TO what extent
a violation of it might be excused in time of
war or public danger may admit of discussion,
but we are providing now for time Of pro-
found peace, where there is not an armed SOL
der within our borders except those who are
in the service of the Government. It is in
such condition of things that an act Of Con-
gress is proposed which, if carried CUT would
deny trial by the lawful courts and juries
to nine millions Of American citizens, and to
their postcrity for an indefinite period It
seems to be scarcely possible that any one
should seriously believe this consistent with
a Constitution which declares, in simple,
plain, and unambiguous language, that all
persons shall have that right, and that no
persons shall ever in any case be deprived of
it. The Constitution also forbids the arrest
Of the citizen without judicial warrant, foun-
ded on probable cause. This bill authorizes
an arrest without warrant, at the pleasure Of
a military commander. The Constitution de-
clares that ''no persons shall be held to an
swer for caI ,ital or otherwise infamous crime
unless en- prescntment by a grand jury .
This bill holds every person, not a soldier,
answerable for all crimes and all charges
without any prcscntment. The Constitution
declares that mo person shall be deprived OF
life, liberty, or property without due process
Of law" This bill sets aside all process Of law,
and makes the citizen answerable in his per-
son and property to the will Of one man, and
as to his life to the will of two. Finally, the
Constitution declares that ''the privilege OF
the writ of haJeas corpus shall not be suspen.
ded ulless when, in case Of rebellion or IN
vasion, the public safety may require it,
whereas this bill declares martial law (Which
Of itself suspends this great writ) in time OF
peace, and authorizes the military to make
the arrest, and gives to the prisoner only one
privilege, and that is trial "without IN
necessary delay" lie has no hope of release
from custody, except the hope, such as it is,
Of release by acqulttal before military COM
mission
The United States are bound to guarantee
to each State a republican form Of govern
ment Can it be pretended that this obliga-
ton is not palpably broken if we carry out
a measure like this, which wipes away every
vestige Of republican government in ten
States, and puts the life, property, liberty
{ and honor of all people in each of them under
}, the domination Of a single person clothed
With unlimited authority?
The Parliament of England, exercising
the omnipotent power which it claimed, was
accustomed to pass bills of attainder; that is
to say. it would convict men Of treason and
other crimes by Legislative enactment. The
person accused had a hearing, sometimes 9
patient and fair one; but generally party pre-
JUDGE prevailed, instead Of justice. 1t otter
became necessary for Parliament 10 acknow-
ledge its error and reverse its own action
The fathers of our country determined thai
no such thing should occur here They with
held power from Congress, and thus forbade
its exercise by that body; and they provide
in the Constitution that no State should pass
any bill of attainder It is therefore ilnpos
sible for any person in this country to BE-
copstitutionally convicted or punished for any
crime by Legislative proceeding ofany sort
Nevertheless, here is a bill Of aitainder agains
nine millions Of people at once. 1t is basec
upon an accusation so vague as to be search
Ineligible. and found to be true upon nc
credible evidence Not one Of the nine mil
lions was heard in his own defence The rep
resentatives Of the doomed parties we exclude
, from all participation in the trial. The con
yiction is to be followed by the most ignomin
;oro mimi chn,ant ayar ioH;crad IN laroa ~, i, C.