The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1867-03-13
81 ASP svusl,r Z
ASHLAND, OHIO. WEDNESDAY, MARCH is. 1867

the Union, but D 10 also true that In the
Southern States the ordinance Of seces.
sion were treated ly all the friends Of the
Union as mere utilities, and are now ac-
knowledged to be soby the States them,
Selves II. -+'1.a sil ,pH ,g5i'gsIn I
J. If we admit that they had any force, or
validity, Or that they did, in fact, take the
States which in they were passed outof the
Union, We sweep from under our feet all
the grounds upon which We stand in jus.
tifying the use of Federal force to main
tain the integrity Of the Government.
This is bill passed by Congress in the
time of peace. There is not in any one
Of the States, brought under tsoperatiou,
either war or insurrection. The laws Of
the State and Of the Federal Government
are in undisturbed aud harmonious oper,
alton. The courts, State and Federal,
are open and in full exercise of their
proper authority over; every State in the
five Military Districts. Life, liberty and
property are secured by State laws and
Federal laws, and the national Constitu-
tion is everywhere in force everywhere
obeyed.
What then is the ground on which this
bill proceedsl 7 The title Of the bill an.
nounces that it is intended for the eff.
cient government Of those ten States. 1t
is recited BY way Of preamble that no le.
gal State Gavernments, nor adequate pro.
tecticn for life or property exist in those
States, and that peace and good order
should thus be enforced. The first thing
that arrests the attention upon these re.
citals, which prepare the way for martial
law, is this: that the only foundation up.
on which martial law can exist under our
form Of Government is not stated, or 90
much astpretended. Actual war, foreign
Invasion, or domestic insurrection, none
Of these affect, or none of these, in fact !,
exist. II is not even recited that any
sort Of war or insurrection 10 threatened.
Let US pause here to consider upon this
question Of constitutional law, and the
power Of Congress in the recent decision
Of the Supreme Court of the United
States in er pdrte VS.. Milligan.
| will first quote from the opinion Of
the majority Of the court Is:
"Martial law cannot arise from threat.
ended invasion. The necessity must be
actual and present, and the invasion real,
such as to efectually close the courts aud
depose the civil authority"
| We see that martial law comes in only
when actual war closes the courts and de-.
poses the civil authority I; but this bill, in
time Of peace, makes martial law operate
as though we were in actual war, and be-.
comes the cause, instead of the cause
instead Of the consequence, Of the abroga-
tion Of civil authority. ltlH
| One more quotation "It follows from
what has been said on this subject, that
there are occasions when martial law can
be properly applied. In case of foreign
invasion, or when the civil courts are act.
ually closed, and it is impossible to admin.
lister justice according to law. Then on
the theater Of military operations there is
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