The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-03-04

ssvas s.nP.y nAn sometimes governed itwith mild
and pa,srnal sway but the kindness Of On ire
sponsible deputy never yields what the law does
no, not exsor, from him. Between such master and
be nothing but enmity he Furnishes them II they
resist his authority, and, II they submit to II, he
nas s them for their servility:
more important Have we the power to establish
anu carry into execution measure like this an
swer' certainly not, If We derive our au,hori y
from the Constitution, and II we are bound by the
Limitations which II imposes.
, ahls proposition il psrfectly eiesr-thst no
Legislative, or judicial, can have any just power
except those which II derives through and exer.
eises under the organic law OF the Union Ont.
side or the Constitution we have no legal an-
thority more than private citizens, and within II
we have only so much as that instrument gives u
This broad principle limits all our functions, ana
applies to ali subjects II protects not only the
citizens of States which are within the Union, bu,
Il shields every human being who comes or II
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
a. Al, w. tseSrsfgTe the southern State. were T.
bids. &c.
arms in crushing the opposition which was made
IN some Of the states TO the execution OF the Fede
raj laws reduced those States and all their peo-
pie--the innocent A. well as the gailty the
condition OF vassalage, and gave us power
hem which the Constitution does not bestow, o.
rent than this Our Victories sub eced the insur
gents To legal obedience not to the YOKE OF an ar
bitrary despo'ism When an absolute sovereign
them according TO his pleasure, because he had
hat power before. But when a limited monarch
puts down an insurrection he must stl govern &C
cordtng 20 law. fan instruction hould take place
IN one Of our States against the AUTHORITY OF the
State Government, and end in the overthrow those
who planned II, would that take away the rights OF
al the people Of the counties where IL was favored
by a part or majority OF the population Could
they. for such a reason, BIO wholly outlawed aud
skatr .Natt
ture have always commended that the Govern
ment of the United States sovereign within it,
s ma Ss,s sss' bx eMesaea It's laws
Give power directly to individuals and that 4.
could put down instruction with the same effect
the worst heresy of those who advocated sece.-
sion, and cannot be agreed to without admitting
that heresy to be right.
violence were anticipated when the Government
was framed, and the means Of repellng and sup
pressing them were wisely provided for In the Con
sttution but IL was not thought necessary 10 de-
clare that the states In which they might occur
should be expelled from the Union. Rebellions,
which were invariably suppressed, occurred prior
u that out of which tn sse questi ms grow but the
States continued 10 exist, and the Union remained
nnercasn In Mas ASA IN
periods In oar history, violent and armed opposi-
tion to the United States was carried on but the
relations OF th use States with the Federal Govern
changed thereby after the rebelious portions OF
their population were defeated and put down. 1t
is true that in these earlier eases there was no
formal expression OF determination 10 withdraw
from the Union butt is also true that in the SOUTH
ern States the ordinances of secession treated
and are now acknowledged TO be so by the States
themselves. If we admit that they had any force
or validity tn lat they did in fact take the States
in which they were passed out of the Union we
sweep from under our feet all the grounds upon
which we stand in lpstifying the use Of Federal
force To maintain the integrity OF the Government.
This is bill passed by Congress in time OF peace.
TIL is not in any one ofthe States brought under
its operation either war or insqrIectlon. The laws
OF the States and of the Federal Government are all
in undisurbod and harmonious operation. The
courts State and Federal open, and in the full
exercise of their proper authority. Over every
state comprised in these Eve military districts
life, liberty and property are secured by State laws
and Federal laws, and the National Constitution is
everywhere in force and everywhere obeyed.
What. then, is the ground on which this bill pro-
ceedsY The title of the bill announces that 1t is
intended .'for the more efficient government" Of
that no legal State governments, "nor adequate
protection for life or property exist in those
thus enforced, The first thing which arrests at
tsntion upon these recitals, which prepare the
W ay for martial law Is this-that the only founda.
ton upon which martial law can exist under our
form Of government is not stated or much as pre-
tended. Actual war, foreign invasion, domestic
bese in fact exist It's not even recited that any
sort of war insurrection is threatened Let us
pause here TO consider upon this question OF con-
cent decision OF the Supreme Court Of the United
States in &c pdrte Mllgan. ,
ofthe court Martial law cannot arise from a
threatened invasion. The necessity must DO &C.
ual and present the invasion real, snch as efec-
ually closes the courts and deposes the civil ad-
al nist-aton." We see that martial law comes in
only when actual war closes the courts aud de-
the oo pe sns 9 ~ ib M ne %
were in actual war, and become the cause, instead
Of the Consequence, of the abrogatlon OF civil an
what mas been said on this subject that there
occasions when martial Law can be properly APP
Piled. If in foreign invasion or civil war, me
courts are actually closed, and 1t is impossible to
mi mister criminal juetice according TO law, en,
on the theatre of active military operations; where
ar really prevails there is necessity to furnish
thrown to preserve the safety oi IN army ana So
ciety and as no pow is left but the mi itary,
can have th cir free couiss.'
Inow quote from the opinion Of the minority Of
the Court, delivered by Chief Justice chase
ssh ana apply the laws of war where no war mas
been declared or exists. Where p .ace exists, the
explicit. Peace exists in all the territory TO
which this II applies. Ii asser's power In Con
gress, in time Of peace, to Set asi the laws OF
1sacs and 10 substitute the laws # war. The mi
norty, concurlng with the jority, declares thai
Congress does not possess that power AGAIN, and
II possible more smphatically the Chief Justice,
with remarkable clearness and condensation sulns
up The whole matter as follows
:" There IRE under the Constitution three kinds
OF military jur' dittion-one, 10 be exercised ooth
In peace and war another, 10 BE- exefc Led In time
OF foreign war without the boundaries Of the
United states, or in time OF rebellion and civil
war within states districts occupied by rebels
as treated belgsrents; and tn I'd, 10 be exercised
IN time OF invasion or lnsurrectlon WITHIN the
limits Of the United states, or during rebellion
within the limits Of the states maintaining adhe-
sion to the National Government, when the pubic
danger req uires its exercise. The first oil these
may be called jurisdiction under M,LItAka rAw
and articles Of war, or otherwl,e provldlns Ior
the government Of the national forces the Sc
cond may be disting uished as MILITARY GOVERN
aENT superseding, as far as may be eemed ex-
pedient the local law, and exercised by the mill
tary commander under the direceon oil the FTesi-
gress while the third may be denominated MAR
TIAL LAW PROPER, and is called into action by
Congress, or temporarily, when the action oil Hon-
gress cannot be invited, and in the case OF Justify
ing eXcusing peril by the President, In times OF
instruction or invasion or oil clyii or Iorelsn
war within districts or localities where ordinary
law no longer adequately secures public salety
and private rights
1t will be observed that OF the three kinds Of
created under our Constitution there Is but one
that can prevail in time OF peace, and mat ID the
code Of laws enacted by Congress Tor the govern
try law has no application to the citizen. nor
even to the citizen soldier enrolled in the militia
in time OF peace. But this bill Is not part OF lna
sort OF military law, for that applies only TO the
soldier and not TO the citizen, whilst, eontrar-
wise the military law provided by this bill APP
Mi az only TO the citizen, and not to the soldier.
i need not say to the representatives, of the Anne
rican people that their Constitution forbids the
exercise Of judicial power in any way but oneI.
that is by the ordained and established courts. II
is equally well known that in all crim nal cases
trial by Jury Is made indispensable by The express
words OF that instrument. :! VIII not enlarge on
value Of the right thus secured TO
every freeman, or speak OF the danger to public
liberty In ell parts OF the country which must en-
sue from denial of it anywhere or upon any pre-
lance. A very recent decision OF the supreme
Court has traced the history, vindicsted the dig.
nifty, and made known the value OF TINS eIeal
10 what extent violation Of II might be excused
in time OF war or public dangef may ADMIT OF as,
cussion. but we are providing now for tine OF
profound peace when there Is not an armed sol
dier within our borders except those VINO are IN me