The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1867-03-13

crn States .in ordinances Of secession,
we're treated BY Nil the friends Of the
Union asmorc nullitics, and arc now
acknowledged to be so by the States
themselves. If we admit that they
hnd any force or validity, or that they
did in iact take the States in which
thry were passed out of the Union
we sweep from under our feet all the
groanls upon which we stand Justify
ing the use of Federal force to main
tain the integrity Of the government.
This is 4 bill passed by Congress in
time o. otponcc. There is not, in any
one Of tho States brought under It's
operation, either war or insutrcction.
The laws Of thn States and Of thc
EcGC N!l & government Ierc all in undi<.
tUrbAl anJ harmonious operation
The courts, State and Federal, ere
open, and IN foil exercise of their
proper authority. Over every State
compriscd il these iiyo military dis
triots, life, lijcrty and property arc
secured By &tato laws and Federal
laws: and the National Constitution is
everywhere in force and everywhere
obcycd. What then, is the Ground
Oh which this bill proceeds ? Ihc IL
lie ofthn bill announces thnt il is in
tended "for The more cCiv,vnt govern
monte Of these ten StNGcs. IL is re-
cited, by way Vi preamble, tha, 10 lc-
Gal State governments, 'mur ainuratc
pro cction ;or lie on rropcrty," exist
in those States, and that ).uace and
rood orDor SHOULD lc thus enforced.
J'hc fist thine which arrests attention
upon these rccitalS, which prepare Tho
way for martial law, is this--that the
only to!m'lation upon which martial
law can exist umCcr our form OF gov
orEmont is not stated or 50 much us
pretended. Actual war, foreign inya.
sion, domestic NEUTRALITY-SUSPICIOUS. Of
these appear: and mono of these in
fact exist. i Is rot even rccitcd that
any SORT Ok war or inSwrroction is
thrcG tened. Jet Us pause here to con-
slider. upon this question Of con3titu-
tioOa lrw ani tho rowcroC Congress,
Il recent decision o. the %uproma
Court Of the United States in er 2,ay{e
Nilli%an.
! will first quote frcm the opinion
from the majority Of the court "Nlar-
till law cannot arise irom II threaten
cd invasion. The necessity must bo
actual and present, thc invasion real,
such rs choctually closes tho courts
and dcpo&cs tho civil administration" ;"
We see that martial law comes in only
when actual Va closes the courts and
dcposcs the civil authority but this
bill, i'll time Of peace, makes martial
law operate as though VIC were in uc~
tual war, and become tho couSc, in
stead OF the conSc7uonce, Of tho abro-
cation Of civil authority. One more
quotation "It follows from what
has been said on this subject that
thorn are occasions when martial law
can be properly applied. IF in for
cign invasion or civil war the courts
are actually closed, and it is imposs-
bic to administer criminal Justice ac-
cording to law, then, on the tneatre
of factiyo military operations, whore
war really prevails, there is necessity
to lurnish u substitute for tho civil
authority, thus ovcrthrown, to pre-
serve the safety Of the army and socict-
ty;md as no power is left but the militia
~, it is allowed to govern by martha!
rule until tho laws can have their free
course"
1 now quote from the opinion Of
the minority Of tho court, delivered
by Chief Justice Chase owe byn
means assert that Congress can cstab-
lish and apply the laws. Of war where
no war has been declared or exists.
Where peace exists, tho laws of peace
must prevail" This is sufficiently
explicit Peace exists in nll the terri
tory to which this bill applies. Itas-
serts power in Congress, in time Of
peace, to set aside tho laws Of peace
and to substitute the laws of war,
The minority, concurring with the ma
jority, declares that Congress does
not possess that power. Again, and,
If possible, more cmphatically, the
Chief Justice, with remarkable clear
ness and condensation, sums up tho
whole matter as follows
"Thorc arc under tho Constitution
three kinds of military jurisdiction
one to be exercised both in peace and
war another to be exercised in time
Of foreign war without tho boundaries
OF tho United States, or in time Of re-
.bollion and civil war within States or
Districts occupied by rebels treated as
belligcrcnts and third to 30 cxcr-
ciscd in time Of invasion or insurrcc-
ton within tho limits Of the United
States, or during rebellion within tho
limits Of The States maintaing adho-
renee to tho National Government,
when tho public danger requires its
exercise. The first of these may be
called jurisdiction under Military
Law, and is found in acts Of Congress
prescribing rules and articles Of war,
or othewisc providing for tho govorn.
mont Of the national forces tho sec
ond may be distinguished as Military
Government, superseding, as far rs
may be deemed expedicnt, tho local
law, and exercised by the military
commander under the direction of the