The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1867-03-13

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tnav ie donQuina,cd martial Inv proper,
sud il called Into cction Iy Congress, or
tsir porarily, wren the ac'iun of CONGRESS
can not be invited, and IN case Of justifying
or txcusrE peril, by the President, in times
Of irsurrcctlO~ or invasion, or OF civil OF
foreign war within districts or localities
where ordituy law will no longer adequate
! " issue PUBLIC safety a.. .y
1t wi! be bysryed that of the three kinds
Of military iuris sdiction which cen be cxer.
cised or created under our Constitution.
ihele ia but cne that can prevail in time OF
peace; and that is file cude ol LAWS enacted
by Congress for the government Of the Ma
tional forces. That code military law las
no prplica,icn 70 TIE citizen, nor ever to
the citizens, nor even to he citi3-D soldier
enrolled in the militia in time of peace.
But this lii is not 4 lart Of that sort Of
military law, fer that applies cnly 10 TIE
soldier, aud not to the citizen; v.ilr. ccn
trariwise the military law provided y this
hill APPLIES only TO tie citizen and not to
the soldier. ,...... -.... a. -. .s,-.
need rot say to ;ho representatives. Of
the American people that their Cunstitu.
ton folbids the exercise Of judicial power
in any way but one; that is by the ordained
and established courts. 1t is equally well
known that in all criminal cases trial by
jury is made Indispensable by the express
words OF that instfament. / will not en-.
LARGE on the nestinable value Of the right
this secured to every freeman, or speak OF
the danger to public liberty in all parts OF
TIE country which mus prsuc from deni-
al of it anywhere, or upon any trettnse. -
A very recent decision in tie Supreue
Court las traced the authority, yindicated d
the dignity, and made known the valGe Ot
his privilege 20 cl, ally thGt Eoilirg more
is rccdrd
TO What extent q violation may be Pxcus,
! ed in time Of war ri public danPer. may ad-
| mt Of discussion, but we are providing now
| for time OF protCund peace when there is
hot an armed soldier within our bcrders eX-
ccpt those who are in the service Of the
Government. 1t is in such condition that
az act Of G nirc sis . opposed which, is cav
rjed ont, would deny trial by lawful conrts
ard iuries to nire millions Of American cit
| izrns, and 10 (ileif p0stctlty tor nm indtf
| mite period 1t seems ia be scarcely posi-
| HE that any one should scriously believe
! tEs consistent with \ Constitution which
declares in simple, pIain and rnalubi2uous
| language that all persons shall have that
| right, and that no person shall ever, in any
case, be dcmivtd oft.
The Con titu!i0n al forbids the arrest
Of citizen without judicial warrant End
probably cause This t;ll authorizes arrest
without a warrant, at the pleasure of
military commander. The Constitution
declares that no person shall be held 10
answer for capital or otherwise infamous
crime, unisss On presentment hy grand
jury This bill holds every person rot
soldier answcrabc for all crimes aid all
charges without any lreschtinent The
Constitution declares that no person shall
be deprived Of life. liberty or property
without due process of law. This bill sets
aside all proceedings Of law, and makes the
citizen answerahle in his person and prop.
erty to the will OF one man, and to his life
to lhe viii Of two.
And, finally, the Constitution declares
that the privilege of the wit of haJeos
co,1rs stnil not lie suspended except in case
Of rebellion or invasion the public safety
may require it; whereas, this bill declares
martial law, which Of itself sustends this
aes the miiitaIg 10 make the arrest, and
giycsto the prischel only one p iyilese, and
hat is a tial without Unnecessary delay
except the hep such a. it is, ot release by
acQuito ctcrr q military commission.
The United States are bound to guaTan
tee to each State republican form Of gov
eIrment Can it p et nded that this |
OBLIGATION is not parabiy ir' ken il we carry
out measure ike tits. which wipes away |
ero,y visligc Of ri uhlican govtrnD,ent in |
Ten States, and PUTS Il c lie property, lib.
ery and hon'r OF all the people in each Of
them under the domination of single |
pr<on clctfld with authoIi'y?
he parlmcnt Ct England, exercising the |
onuipo:ent lower which it claimed, was
accustomed to pass hills Of attainder, that |
is to Bay, it would convict men Of treason
ard other crimes by legislative enactment. |
The persons accused had hearing, some |
times patient and fair one, hat generally |
patty rrejudices prevajl d instead o justice.
II often becomes necessary for PaIllment to |
acknowl dge its crlor aud II verse its own |
az ton. The fathers OF our country deter
hinei that no such thing should occur here
they withheld the power from Congress, and |
thus foi bear It's exercise by that body. and |
they provided in the Constitution that no
State should pass any bill Of attai1der.
Il il therefore impossible for any person
in this country TO he C0nftltutonally con
victcd or punished for any CRIME by a legis-
lative proceeding of ,sy sort. Nererthe |
less, here is bin tf attainder against nine |
millions Of people 1t is based upon an ac |
cusation so vague as to be scarcely inteIli- |
gible, and found to he true upon no credi |
bic evidence. Not one of the nine millions |
was heard ii his own def nse. The repre-
sentatives Of the doomed parties we're cx-
cluded from oil participation in the trial, |
and the eotiyiction is to be followed by the /
mo-, igromsuiouS punishment ever inflicted |
on large masses Of men. 1t disfyanchises
thtm by hund! eds of thousands and degra.
des them nll--evcn those who are admitted |
to he guiltless-- from the rank Of freenen
to the condition oil slarcs.
The PURPOSE and object of the bill sand |
the general intent which peiVndes it from
beginning to end, is to change the entire |
Structure and character Of the Sta,c Gov.
ernm, nts, and compel them by 10: CO to The
adoption Of an organic Law and regulation
which they are unwilling TO adopt, it lett TO
themselves,
The negroca had not asked for the privil.
egc Of voting, The vatt majority Of then,
have no idea nf what it n,'ans.. This bill
not tnly thrus;s it into their hands, bur
tn1lEes rem as well as whites TO use 1t in
a particular way. If they DO not form q
with prescribed articles in ii, I
md aftnward elect Legislature which will
act upon certain measures in prescribed
way, neither blacks nor whites can he rrlev-
ed from the slavery which the bill imposes
on them.
Without pausinp here toeonsider the pol
icy or impolicy OF fAilicanising the southern
part of our t,rritoiy ! would simply ak
the attention of Cougress TO that manifest,
well krown and universally acknowledged
rule Of G, institutional law, which declares
that the Federal Government has no juris-
diction, authority OF power to regulate such
luI icc.s Tor any State OF 70 force ths right
Of suflrage out 81 the handss&. white peo-