The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1867-03-07
SP E E OH OF
HON. JAMEs r. WILSON,
ON THE INDEMNITY BILL.

22d ult., Hon. ]. F. Wilson made . speech
on the Indemnity Bill, ITO declare valid and
conclusive csrtain proe3anaAions 81 ~
President and acts done in pursuance there
of, or of his orders, in the suppression OF the
rebellion aeainst the United Ssstss," uhsrein |
he ably reviewed the decision ofthe Supreme
Court in the Milligsn case. We quote the
major portion of his argument on this sub
ject:
Mr.. Speaker, it may not be out of place for
me to devote q few minutes to an exAmina- |
ton of some Of the interesting and important
questions discussed by the court in the
opinion delivered in the Milligsn case. The
difficulty under which the court lAbored in |
this case seems to me to have been the want
Of Q Just and proper appreciation Of the con- |
dition in which the ration rested at the time
Of the arrest and trial Of Milligsn. The nation
was in q condition of war. The war powers
Of the Government were in intensely active
operation, and we're .bsing applied to every
part of the national domain. When nation
is at war it acts as unit. One part of it can
not be in o state of war and another in q
state of peace. In war the condition of ma
ton 10 indivisible, and the state of war 10
national. The United States cannot be at
war and the State of Indiana at peace for
that State is part of the United States. The
fact that courts were open in the State OF In
diana and that hostile armies were not en-
camped within its borders could not suspend
any of the war powers Of the United States
in time of war. The State of Indiana was
not carrying or war; that was being done by
Davis and his concurring associates remark
in their opinion
off armies were collected in Indiana they were
to be employed in another locality where the laws
were obstructed and the national authority dis
puted. On her soil there was no hostile foot; If
once inv adtd, that invasion Was at end, and
with it all pretext for martial law. Martial law
cannot arise from threatened invasion. The
invasion real, such efectually closes the courts
and deposes the civil administrstion"-
They manifest most singularly crude ideas
Of the great questions they are discussing.
| The recent war was not one OF invasion 10
any correct sense of the term; it was war
organized and carried on against the United
States within their jurisdiction by their own
lcitizens Hostile feet = we're pressing more
than one half Of the soil Of the United States.
Within the United States all the furies of war
we're raging. Army met army, and in the
! fearful shock men met death by tens and
scores of thousands. The strong arms Of the
Government were stretching out to every
home in the land, breaking the domestic cir
Giles and placing their members in front Of the
battle, there TO fight and die for the safety of
the nation. Treasure and blood flowed in
rivers all over the land. Every resource and
power Of the Republic was drawn upon and
strained 10 the utmost limit.
| These great facts are forgotten by the
Judges, who arrest and turn away from their
Legitimate Offices the war pswers of this Gov
eminent because the State of Indiana was or
was not actually invaded. Parties in Ken
lucky, in the early days, of the war, said to
the Government, "Over the soil of this State
no hostile forces shall pass; neutrality shall
be observed throughout its borders" The
voice of the judges seem like an afterthe wal
echo of the voice which proclaimed neutrsli
ty at the beginning of the strife. The voices
sound alike; both lack harmony with the
Constitution aud the national life, and bott
were toned by State rights teachings both
assert the superiority of the condition of the
State over the necessities Of the nation. Hac
this judicial voice spoken in the midst of the
war as it has since it's close, and enforced III
mandate, the Government would have failed
J in the struggle, and the Confederate States
would to-day occupy place among the ma
, tons of the earth. 1t is well for MS that VIC
have time of peace in which to exanin,
the dangerous tendencies of the positions as
! sumed by the Supreme Court concerning tn,
, war powers Of the nation and the power o
Congress relative thereto. Ii is well for US
also, that these positions are assumed outside
of the record of the case presented, and tina
} they are occupied by bare. majority of tn,
court; that in no sense do they convey to tn,
nation the law Of the land. These thing
will direct the attention of the nation TO il
highest judicial tribunal, and ultimately resnl
IN checking the present tendencies of som,
of the members of that body toward thrust
ing upon the country without warrant in tn
record of opinions OF mere majority III,
grsvest questions of constitutional law.
The failure of the majority Of the court tc
comprehend the national character of the stat,
or condition of war produced natural result
Having ignored the war status of the nativn
it next shut list eyes against everything lik,
martial law, and the laws and usuages Of war
except 10 that circumscribed sphere occupie,
by persons in the
"Land and naval forces, or in the militia, vhel
In actual service, in time Of public dan
ger"
. Beyond this narrow limit, it is said MARTA
, law cannot extend unles the pressure ofactua
| war is 'such as effectually closes the court
. and deposes the civil administration. Thi
. seems to me to be perfectly fallacious. Their
J are such things as martial law, and the law
] and usuages of war, and these were put int.
I the Constitution of the United States viii
their entire latitude of jurisdiction, when tn,
trainers Of that instrument provided that =
Congress shall have power to declare war
grant letters Of msrque and reprisal, make rule
concerning captures on land and sea, raise an
support armies, provide and maintain q navy
make rules for the government and regulation o
the land and naval forces provide for eating fort
the militia TO execute the laws Of the Union, sup
press insure etions and repel invssiops." dc.
. And made the President Commander in. Chic
> OF the Army and Navy of the United States
Now, sir, whatever is necessary for the full
enjoyment and effective execution of thes
; powers follows them as incidents. When tn
nation is at war it must be left free 10 exercis
= these powers in such manner as will mos
/ surely, safely, and lawfully promote the 10
| terests and well-being of the Republic. Tn
: execution, administration, and enforcement
j. of these powers are not devolved on the civi
courts or the ordinary civil authorities. Tn
: jurisdiction of these war powers is as com
, prehensive as the state of war, and as the lai
. ter Is national IN its extent the former ex
!, tends 10 and embraces the Nation. do nc
q mean TO be understood as saying that III
a military authorities absorb the civil jnrisdic
ton throughout the nation in time of wa
n ana may punish civil otenses. but that the
may, under such regulations as Congress ma
from time to time establish, punish militar
offenses.
70 military offense mar be committed by
d civilian. The civil status of the offende
z will not relieve him of liability to punish
:, ment- He may be punished by the authori
- ties who administer the Law against which b
has offended A civilian may commit IN az
g which would place in jeopardy an entire arm
,f and yet his act may not be known to the civ
law as crime. His act may hazard the iii
% Of the nation, and yet he be entirely fire.
g from intent to adhere to the public enemy
,. giving him aid and comfort" His act ma
=. be bluuder without intent, but blunde
under such circumstances is crime whic
70 may be punished by military auihorit,
to Where punished? The Supreme Court say
4, where the civil authorities have been depose
:. and the civil courts are closed say whe,
ever the state of warexists, and by . coul
c" which can punish according to military Law
in A civil court could not try such an offens,
in The dissenting judges in the Milligan cas
,f very truthfully say:
THE Consultation itself provides for militia
government as well As for civil government"
:. And this military government must b
OF clothed with power to punish offenses again