Des Arc weekly citizen., 1867-03-16

ed so to do. To casual reader of the bill, it might seem that some kind of trial was secured to persons accused of crime. But such is notthe case. The officer may locate civil tribunals to try offenders, but of course this does not require that he shall do so. If any state or federal court prcsumcs to exercise it's legal jurisdiction by thc trial of a maleiactor without his srecial pcrmis- sion, he can break it mp. and panish the jndges and jurors as being themselves malefactors. He can save his friends from justice and dcspoil his enemies contrary to justice. 1t is also provided that he shall have power to organize military commissions or tribunals, but this power is not commanded. To do IL IS merely permissive, and is to be used only when in his judgment it may be necessary for the trial of offenders. Evenif the sentence of a commission were made prerequisite to the pun lshment of a party, it would be scarce iy the slightest restraint upon the off, Ger who has authority to organize it as he pleases, prescribe its mode of pro- ccedings, appoint it's members from his own subordinates, and revise all its de- clslons. Instead of mitigating the harshness of his single rule, such tri- bunal would be used much mol e pro- bably to divide the responsibility of making it more cruel or unjust,
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 Such power has not been wiclded by any monarch in England fer more than five hundred years. In all that time no people who speak the English language have borne such servitude. It 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 abject and degrading slavery. No master ever had control so absolute over his slave as this bill gives to military officers over both white and cole4ed persons. It may be answered to this, that officers Of the army are too magnanimous. just and humane, Ato oppress and trampIe upon n subjugated people. | do not doubt that army officers are as well en- titled to his confidence as any other class of men. But the history of the world has been written in vain. if if does not teach us that unrestraincd au- ithorlty can never be safely trusted in human hands. ,rla
 fsag*
 a l come now to question which, if possible, is far more important. Have wcsthe power to establish and carry in- to execution measure like this 1? an- swcr, certainly not. If we derive our authority from the constitution, and if we arc bound by the Limitations which 1t proposes, this proposition is perfect ly clear, that no branch of the federal government, executive, legislative or iadicial can have any justpowcr except those which it derives throughnand ex- ercises nnder the organic law of the Union. Outside Of the constitution we have no legal authority more than private citizens, and within It we have only so much as that instrument gives us. This broad principle limits all our functiors and applies to all subjects. It protects not only the citizens of the United States who arc within the union. but shields every human being who comes or is brought under our jurisdiction. We have no right to do in one place more than in another that which the constitution says We shall not do at all.
 If, therefore. the southern states were in truth out Of the union. we could not treat their people in manner which the fundamental law forbitls. Some pco- pie assume that the success of our arms
 in crushing the opposition which was made in some states to the execution of federal laws, reduced those states and all their people, inc innocent as well as the guilty, 10 the condition of vassaiage and gave us a power over them which the constitution does not bcstow, or define, or limit. No tallacy can'bc more transparent than this. Our victories subjected the insurgents to legal obedience, not to the yoke of an arbitrary despotisn. When an abso- lutc sovereign reduces his rebeIlious subjects he may deal with them accord ing to his pleasure, because he had that power before. But where a limited monarch puts down rebellion, hemust govern according to law. If apv in- surrcction should take place in one of our states against the authority of the state government, and end in the over throw of those who planned it, would that take away the rights of all the peo- pie of the counties where it was cover ed by part or a majority of the pop uation? Could they for such a reason be wholly outlawed and deprived of their represen tation i'll the legislature 1?
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 There is not in any one of the states brought under its operation either war or insurrection. The laws of the state and of the federal governments are in undisturbed and harmonious operation
 The courts, state and federal, arc open and in the full exercise in their proper authority oyerevery statecompriscd of the five military districts. Life, libcr- ty and property are secured by state laws, and federal laws and the nation al constitution is everywhere in force and everywhere obeyed. What, then, is the ground on which this bill pro ceeds? The title of the bill announces that fl is intended for the efficient gov ernment of these ten States. It is re- cited, by way of preamble, that no le- gal State Government, nor adeauate protection for life or property. exists in these States, and that peace.and good order should thus be enforced. The first thing that arrests attention upon these recitals, which prepare, the way for martial law, is this:, That the only foundation upon which martial law can exist under our form of govcrnmontis not stated, or So much as, pretended, that actual war, foreign invasion, or domestic instruction prevails. None of these in effect, and none of these in fact, exist. It is not even recited that any sort ofwar or insuwcction is threa- tened. 4o aie
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 twill be observed that of the three Kinds of military Jurisdiction which can be exercised 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 national forces. That code of militarY law has m annli-