Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-03-02

ercsed in time Of foreteu var without the
houndar'rs of the United 8 ates. or In time 0.
rebellion and civil war within States or dis
'r'cis occupied ~ rebels treated a. bsiti ger.
| ents and d third TO be exercised In time of
| INVASION or insurreciton within the limit, OF
| the UNITED Ststes. or during rebellion " toin
The limits OF the States maintaining adhesion
20 the National Government, whsn the public
danger requires It's exercise. The first Of the q
may ne called Jnrd,sdict,on under Aistasy
Lar, and IL found in acts Of Congress present..
ing rules and articles OF war, or other wis.
| providing Tor the government Of the patsonat
ioress; tne seeond may be distinguished Is
Military Gorernmen. superseding. as far as nav
be deemed expedieut, the local law, and eyer.
| cised by the military CONNIE der under tn. f..
ieenon OF ,ne PRESIDENT with the express OF
Implied sanction OF Congress; while the third
may be den pm n sted Martial LaW Proper and ia
caiisd INTO action by Congress. or temporarily.
na N ne 81 CONGRESS cas- not be in vtted,
! by the President, in times of instruction or
invasion or of civil or foreign war, within
a,s.ric,s or Io.a,lties where ordinary law no
longer aoe9nateIy secures public safety and
l. will b- observed that of the three kinds Of
| military jurisdiction which can De exercised
| or created under our Cons tuition there ia mt
one that can prevail in time Of pc ace aud that
Is me code OF laws enacted by Congress for the
| government OF the national forces That BODY
OF military law has no application to the cjti
zen. nor even to the citizen soldier enrolled in
tie militia IN time Of peace. But this bill is
Bot part Of that sort OF military law for III AT
| applies cnlv to the soldier and not to the citi
| zen, whilst, conrrar wise, thu military law
provided by This bill applies only to the citIzea
and net TO the soldier.
| need not say to the Representatives of The
| American people that their Consultation for.
| Dies the exercise OF judicial power in any way
out onN-tbat rs by the ordained and established
courts 1t is equally well known that in ali
| criminal cases a uial by jury is ma ie iDdis
| pthsablr by the express words Of that instru-
niehI VIII not enlarge the inestirnable
| value of the right thus see urpd 10 every free
man, or speak OF the danger 10 public liberty
In all parts OF the country Which must ensue
IrC m denial OF IL any where OF upon apy pra-
tense. very recent decision of the Supreme
| Court mas traced the history, vindicatsd the
| dignity. and made known the value of this
great privilege so clearly that nothing more Is
needed. To what extent a violation of il might
Or excused in time of war or public danger
| may admit of disc ussion, but we are pro vidIng
now lor a Time OF profound peace, where there
is not al armed soldier within our borders
| except those who are in the service of the
| government. 1t is in such a condition of
things that an act of Congress Is proposed
| which, II carried out, would deny trial bv
| The lawful courts and juries to nine millions
| OF American citizens, and 10 their pesterty for
| an indefinite period. 1t seems to be
scarcely possible that any one should seri
ousiy believe this consistent with q Copsti.
| tuuon which declares in simple. plain,
ahu unambIgHous language, that all persons
shall have that right and that no person shall
ever In any case be deprived of it, The Con.
siitution also forbiss the arrest Of the citizen
without judicial warrant, founded on prob
able cause. This bill authorizes an arrest
| without warrant. at the pleasure of military
commander. The Constitution declares that
mo person shall be held to AM wer for a can.
ital or otherwise infamous crime unless ON
plesentment by grand Jary." This bill holds
every person, not soldier, answerable for all
crimes and all charges without any present.
meDt. The Constitution declares that .spo per.
son shall be deprived of life, liberty, or prom.
erty without due process of law" THIS bin
sefs aside all process of law, and makeJ the
citizen answerable IN his person and property
TO the viii OF one man, and to his life TO the
VIII OF two. Finally, the Constitute on declares
that the privilege of the writ Of habeas corpus
snail not be SUSPENDED unless wheR in case of
rebelli or Invasion, the public safety NAV
requneI; whereas this bill declares martial
law (Which or itself suspends this great writ)
In time OF peace, and authorizes the miIItary
10 make the arrest, and gives to the prisoner
only one privilege and that is a trial "Tithout
unnecessary delay" He has no hope OF re.
lease from custody, except the hope, such as il
ls, OF release by acquittal before a military
The United States are bound to guarantee to
each State a Republican form Of goyernmaot
Can II be pretended that this obligation is not
paipably broken If we carry out q measure
ike THIS, which wipes away every vestige of
republican government in ten States and
puts the life, property, liberty, and honor of
all the people in each OF them under the domi-
nation OF single person clothed with unlini.
ted authorityl
The Parliament Of England, exercising the
omnlpotent power which IL claimed, was accus-
TONED TO pass bills OF attainter; that is to saw
IL would convict men Of treason and other
crimes by legislative enactment The person
eeuseo had hearing. sometimes q patient
and fair one; but generally party prejudice
prevailed, instead OF justice. It often became
necessary for Parliament to aekno Wedge in
error and reverse its own action. The fathers
OF our country determined that NO such
thing should occur here. They withheld
the power from Congress. and thus
LIS EXERCISE ,s. ~ tina. body and
should pass any bill Of attAinder. II is, there.
fore, impossible for anypsrson in this country
=, e. be consuI utiSnaliy convicted or punished
for any crime by legislative proceeding Of
any sort Nevertheless, here IL o bill OF at.
tainder against nine millions OF people at once
1t is based upon an accusation 80 vague a. to
be scarcely inteiIiEible, and fonnd TO be trus
upon no credible evidence. Not one of the
nine millions was heard in his own defence
were excluded from all participation In the
trial. The conviction 10 70 be followed by the
most iEnominious punishment ever inflicted
on large masses of men. IL disfranchises them
by hundreds of thousands, aud degrades them
all-eyen those who are admitted to be guilt.
less-from the rank Of fresmen to the condition.
OF slaves. .-... ... II. n -
The purpose and object of the bill-the gene.
raj intent which pervaAss it from beginning to
ends to change the entire structure and
character Of the State Governments, and to
compel them by force to the adoption of or
game laws and regulations which they are up-
willing to accept il left 70 themselves The
votine-the vast majority of them have no IDEA
what 1t means. This bill not only thrusts it
into their hands, but eOmPels them, az well as
the whites, to use Is 10 particular way II
they do not form Constitution with pre-
seribsd articles in IL, AID Afterwards elect a
Legislature which will act upon certain
measures in prescribed way, neither blacks
nor whites can be relieved from the slavery
which the bill imposes upon them. Without
pansing here to consider the policy or impolicy
Of Africanizing the Southern part Of our terri
tory, would simply ask the attention of Con.
gress TO that manifest, we'll known and uui.
versally nckhowled rule Of INSTITUTIONAL Law,
which declares that the Federal Government
has NO jurisdiction, authority or power to
regulate such subjects for any State To force
the right OF suffrage ont Of the hands OF the |
white people ana intO the hands Of the negroes !
IL an arbitrary violation Of this principle |
This bill imposes martial Law Ut once, and |
Its operations will begin so soon a. the Gen. |
eral and his troops can be put In place. The
dread alternative between IL harsh rule and |
compliance with the terms Of this measure Is |
not suspended, nor are the people afforded any
time tor tree elaboration. The bill saws TO
them, take mart al law hrst, Asa oeliberate
And when they have done all that this mea. |
porxu iva tho~n 40 49,