The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-03-12

rectldn or INVASION, or OF civil or foreign war.
within districts or localities where ordinary law
no longer adequately secures public safety and
private rights"
1t will be observed that of the three kinds of
military jurisdiction which can be exercised or
created under our Constitution. there is but one
that prevail in time of peace, and that is the
code of laws enacted by Congress for tie govern
ment of the national forces. That body of mill
tary law has no application to the citizen,
even to she citizen soldier enrolled in the militia
in time of peace. But this bill is not part of
that sort of military law, for that applies only to
the soldier and not to the citizen, whilst. contrar-
wise. the military law provided by this bill applies
only to the citizen and not to the soldier
l need not say to the Representatives of the
American people that their Constitution forbds
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
a trial by jury is made Indispensable by the ex-
pressed words of that instrument. | will not en-
large on the inestimable value of the right thus
secured to every freeman, speak of the danger
to public liberty in all parts of tho country which
must ensue from a denial of it anywhere or upon
any pretense. A very recent decision of the
Supreme Court has traced the history, vudcated
the dignity. and made known the value of this
great privilege so clearly that nothing more is
needed. To what extent a violation of it light
be excused in time of war or public danger may
admit of discussion. but we are providing now for
time of profound peace, where there Is not an
armed soldier within borders except those
who are in the service of the government. 1t is
in such condition of things that an act of Con
gress is proposed which, if carried out, would
deny a trial by the lawful courts and juries to
nine millions of American citizens. and to their
posterity for an indefinite period. 1t seems to be
scarcely possible that any one should seriously
believe this consistent with Constitution which
declares in simple, plain and unambiguous Ian
guage, that all persons shall have that right, and
that no person shall ever in any case be deprived
of it. The Constitution also forblds the arrest of
| the citizen without judicial warrant. founded on
probable This bill authorizes an arrest
without warrant. at the pleasure of military
commander. The Constitution declares that mo
| person shall be held to answer for a capital or
| otherwise Infamous crime, unless presentment
by grand jury" This bill holds every person.
not soldier. answerable for all crimes and all
charges withou: any presentment. The Consti-
tuition declares that mo person shall be deprived
| of life, liberty, property without due process
of law" This bill sets aside all process of law,
| and makes the citizen answerable in his person
and property to the will of man, and as to his
life to the will of two Finally, the Constitution
declares that 1.-THE privilege of the writ of habeas
! corpus shall not be suspended unless when. in
case of rebellion or invasion. the public safety
may require it, whereas this bill declares mar
ta law (which of itself suspends this great WRIT
in time of peace. and authorizes the military to
make the arrest, and gives to the prisoner only
one privilege and that is a trial .swithout unnec-
essary delay He has no hope of release from
custody, except the hope, such it is of release
by acquita before military commission.
The United States bound to guarantee to
each State republican form of government
Can it be pretended that this obligation is not
palpably broken if we carry out measure like
| this, which wipes away every vestige of republi
can government in ten States and puts the life,
property. liberty and honor of all the people in
each of them under the domination of single
person clothed with unlimited authority?
| The Parliament of England, exercising the omni
potent powe which it claimed was accustomed to
pass bills of attainder that is say, it would
vlct men of treason and other crimes by legislative
enactment. The person accused had hearing.
sometimes patient and fair one; but generally
party prejudice prevailed Instead of justice. 1t often
became necessary for Parliament acknowledge its
error and reverse its action. The fathers of
our country determined that such thing should
occur here. They withheld the power from Con-
gress, and thus forbade its exercise by that body;
and they provided in the Constitution that State
should pass any bill of attainder 1t is therefore,
impossible for any person in this country to be
consttutionally convicted or punished for any crime
by legislative proceeding of any sort. Neverthe-
less, here is bill of attainder against nine millions
of people at once. 1t is based upon an accusation
so vague to be scarcely Ineligible. and found to
be true upon credible evidence. Not one of the
nine millions was heard in his own defence. The
representatives of the doomed parties excluded
from all participation in the trial. The convic-
ton is to be followed by the most ignominious pun
ishment ever inflicted large masses of men. 1t
| DISTINGUISHES them by hundreds of Thousands and
| degrades them all-even those who are admitted to
be guiltless-from the rank Of freemen to the con-
| diton of slaves.
! The purpo-e and object of the bll-the general
! intent which pervades it from beginning ends
to change the entire structure and character of the
State governments, and 10 compel them by force to
! the adoption of organic laws and regulations which
they unwilling to accept il left to themselves
The negro have asked for the privilege of voting
the vast majority of them have idea what it
means. This bill not only thrusts il into their
| hands, but compels them we'll as the whites, to
use il in particular way. If they do not form a
constitution with prescribed articles in it, and after
wards elect Legislature which will act upon GER
tain measures in q prescribed way, neither blacks
nor white. can be relieved from the slavery which
the bill imposes upon them. Without pausing here
to consider the policy or impolicy of Afrcanzing
the Southern part of our territory, would simply
ask the attention of Congress to that manifest well
known and universally acknowledged rule of con-
stitutonal law, which declares that the Federal
| government has jurisdiction, authority power
to regulate such subjects for any State. To force
the right of suffrage out Of the hands of the white
people and into the hands of the negroes is arb-
! trarv violation of this principle.
| This bill imposes martial law at once, and its
operations will begin the General and
his troops can be put in place. The dread alterIa-
tive between IT'S harsh rule and compliance with the
terms OF this measure is suspended, the
people afforded any time for free deliberation The
| bill says TO them take martial law first, then deb-
crate. And when they have done all that this mea-
sure requires them to do, other conditions and con-
! tingencies. which they have no control, yet
remain to be fulfilled before they be relieved
| from martial law. Another Congress must first ap-
prove the Constitutions made in conformity with the
will of his Congress- and must declare these States
entitled TO representation in both Houses The
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