The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-03-06
by his mere decree, without any form

by his mere decree, without any form
of trial
This portion of the bill is summed
up as follows:
1T is plain that the authority here
given to the military officer amounts
to absolute despotism; but to make it
still more uncomfortable, the bill pro-
vides that it may be delegated to as
many subordinates as he chooses to
appoint, for it declares he shall pun
ish or cause to be punished. Such a
power has not been welded by mon
arch in England for more than five
hundred years; in all that time, no
people who speak the English Ian
guage have borne such seryitude. 1t
reduces the whole population of the
ten States all persons, of every color,
sex, and condition, and every stranger
within their limits-to the most alb
iect and degrading slavery. No mas
ter ever had control so absolute over
his slaves as this bill gives to the mil
itary officers over both white and col
ored persons.
An elaborate argument on the ques-
ton of Constitutional power to make
and enforce such a law follows, in
which extracts are given from the
opinions of the majority of the Su
preme Court, and of Chief Justice
Chase, in the Milligan case, to show
that the only kind of military juris-
diction which can be exercisedin time
of peace is under the code of laws
enacted by Congress for the govern
ment of the national forces. Bat
this BILL" the President claims, g is
not part of that sort of military
law, for that applies only to the sold
Ter, andnot to the citizen while, con-
trawise, the military law provided by
this bill applies only to the citizen and
not to the soldier"
And he makes the point that, in
denying the legality of the govern
ments in the ten States which partici-
pated in the ratification of the anti
slavery amendment, the important
fact is made to appear that the consent
of three-fourths of the States, the
requisite number, has not been con-
stitutionally obtained to the ratifca-
ton Of that amendment, thus leaving
the question of slavery'where it stood
before the amendment was officially
declared to have become part of the
Constitution" 3ah7ho
I The message concludes as follows:
Is it not better far that the work
of restoration should be accomplish
I ed by simple compliance with the
plain requirements of the Constitu-
ton than by a recourse to measures,
which, in effect, destroy the States.
and threaten the, subversion of the
General Government? ALI that is
necessary to settle the simple, but i'm
portant, question, without further
agitation or delay, is willingness on
the part of all to sustain the Consti-
tuition, and carry its provisions into
practical operation. IF tomorrow
either House of Congress would de-
clare that, upon presentation of their
credentials, members constitutionally
| elected, and loyal to the General Gov
ernment, would be admitted to seats
in Congress, while others would be
excluded, and their places remain va
cant until a selection by the people of
| loyal and qualified persons and if, at
the same time, assurance were given
that this policy would be continued
until all the States were represented,
it would send thrill of joy through
out the entire land, as indicating the
inauguration of a system which must
speedily bring tranquility to the pub
| lie mind. = = MJk 3tEId
while we are legislating upon SUBJ
ctsiwhich are of great importance to
the whole people, andiwhich must eff
feet all parts of the country, not only
during the life of the present genera
ton, but for ages to come, we should
remember that all men are entitled at
least to a hearing in councils which
decide upon the destiny of themselves
and their children At present, ten
States are denied representation and
when the Fortieth Congress assemblies
on the 18th day of the present month,
sixteen States will be without a voice
in the House of Representatives.
! This grave fact, with the important
questions before US, should induce us
to pause in course of legislation
which, looking solely to the attain
ment of political ends, fails to consid-
er the rights it transgresses, the law
which it violates, or the institutions