The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1867-03-14

necessary to declare that the States in
which they might occur should be eX-
pelled from the Union. Rebelllons,
which were invariably suppressed, oc-
Cured prior to that out OF which these
questions grow; but the States centln-
ned to exist and the Union remained
unbro]1en. la Massachusetts, in Penn-
sylyania. in Rhode Island and in New
York. at different periods in cur histo-
". violent and armed opposition to the
United States was carried on; but the
relations cf those States with the Fede-
raj Government were not supposed to
be interrupted or changed thereby, after
the rebellious portions Of their popula-
ton were defeated and put dewn.
1t is true that in these earlier cases
there was no formal expression ola de-
termina ton to Withdraw from the Uni
on, but it is also true that in the South
ern States tiae ordinances of secession
We're treated as mere utilities. and are
now acknowledged to be so by the States
themselves. If we admit that they had
any force or validity, or that they did
in fact take the States in which they
We're passed cut Of the Union, we sweep
from under our feet all the grounds up
on which we stand IN justifying the use
Of the Federal force to maintain the in
teerity of the Government.
This is a bill passed by Congress in
the tine Of peace. There is not in any
one OF the States brought under its ope-
ration either war or insWrrection. The
laws Of the States and Of the Federal
Government are all in undisturbed and
harmonious operation. The courts,
State and Federal, are open, and III the
full exercise oftheir proper authority
Over every State comprised in these
i've military districts, life, liberty and
property are secured by State laws and
ton is everywhere in force and every
where obeyad. What, then, is the
ground on which this biB proceeds?
The title of the bill announces that il is
intended "for the more efficient govern
ments of these ten States. 1t is yeciteG
by way of preamble shat 10 legal State
governments, nor "adequate protection
for life or property" exist in those States.
and that peace and Sood order should
be thus enforced. The first thing which
arrests attention upon these recitals,
which prepare the way for martial law,
is this that the only foundation
upon which martial law can exist
can exist under our fofm of Govern
nent is not stated or SO much as pre-
tended. Actual Wsr, foreign Invasion.
domestic lnsurrectIon-none of these ap-
pear; and none of these in fact exist. It
IS not even reeited that AIRY sort of war
or insurrection is threatened. Let IL
pause here to consider, upon this cues
ion OF constitutional law and the pow
nr of Congress, a recent decision of the
Supreme Court Of the United States in
- porte Milligan.
viii first quote from the opinion Of
the majority Of the Court; "MaTtial law
cannot arise from a threatened invasion.
The necessity must be actual ard pres.
ent. the invasion real, such as effectual.
~ closes the courts and deposes the civ.
il administration" We see that mar
tial law comes in oaly when actual wal
closes the courts and deposes the civil
authority; but this bill, In time of peace,
makes martial law operate as though
we were i'll actual war, and becomes the
cause instead Of the consequence of the
abrogation of civjlauthority. One more
quotation: cit follows from what has
said on this subject that there are occa-
sions When martial law can be properly
applied II in foreign invasion err civil
war the courts are actually closed, and
tits impossible to administer criminal
justice according to law, tAe1Q, on the
theatre Of active military operations,
where war really prevails, there is ne
cessity to furnish a substitute for the
civil authority, thus overthrown, to pre-.
serve the safety of the army and socie-
ty; and as no power is left but the mill
tary, it is allowed to govern by martial
rule until the laws can have their free
course
j now quote from the opinion of the
minority of the Court, delivered by
Chief Justice Chase: eve by 10 means
assert that Congress can establish and
apply the laws of war where no war
has Been declared or exists. Where
peace exists claws of peace must pre-.
vail.n This is sufficiently explicit
PeaceteXists in al the territory to which
this bill applies. 1t asserts a power in
Congress, in time of peace, to set aside
the laws of peace and to substitute the
laws of war. The minority, concurrine
with the majority, declares that Con-
yress does not possess that power
Again, and, if possible, more empkati-
cally, the Chief Justice, with remark
able clearpess and condensation, Sums
up the whole matter as follows: