The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-03-08

comes the cause instead Of the conseuuenc,
of the abrogation. of civil authority. On,
quotation more
at follows from what has besn said OF
this subject that there are occasions whel
martial law can be pro erly applied. II, IL
foreign invaslon our civil courts are actu
ally closed, and IL 10 impossible TO admins
ter Justice according to law, then on tn
theatre Of military operations, where wa
really prevails there Is necessity TO furnish
q substitute for che civil authority thus over
thrown, TO preserve the safety Of the arm,
and society, aud as no power Is left but thu
militia, II Is allowable TO govern by martha
rule until laws can have their free course.
now quote from the minority opinion o
the Court, delivered by Chief Justice Chase
ave by no means assert that Congress car
establish and apply the laws Of war wher'
no war has been declared TO exist Wher,
peace exists the law Of peace must prevail.
This Is sufficiently explicit. Peace exists II
all the territory to which this bill applies
1t asserts power In Congress in time o
peace to set aside the laws Of peace and sub
stitute the laws of war. The minority con
curing with the majority, declares thai
Congress does not possess that power
Again, and II possible more emphatically
the Chief Justice with remarkable clearnesl
and condensation, sums up the matter as fol
lows: There are under the Constitution
three kinds Of military jurisdiction, one Il
be exercised both in peace and in war
another to be exercised in time Of foreign
war without tho boundaries of the United
| States, or in time Of rebellion and civil wal
within the States of the district occupied
| by the rebels treated as belligerents, and .
third to be exercised In time of invasion OIL
insurrection within the limits Of the United
tafa .aIxalltn., x.ytkk Ia "a.
limits of the States irtaining adhesion &c
the National Government. When pnbliS
danger requires its exercise, the first Of
these may be called jurisdiction under mil
itary law" and is found in the acts of Con
gross prescribing rules and articles of war
or otherwise providing for the government
of the national forces The second may be
distinguished as military Government SUI.
perseding as far as may be deemed expe.
dent the local law, and exercised by militia.
~ commanders under the direction of the
President, with the expressed or implied
sanction of Congress. The third may be
denominated martial law proper, and is call
ed into action by Congress or temporarily
when the action of Congress cannot be in.
vited, aud in the case of justifying or ex-
cuslng peril, by the President, in times OF
insurrection or invasion of civil or foreign
war within the districts or localities when
ordinary law is no longer adequate to in
sure public safety"
1t will be observed that of the three kinds
of military Jurisdiction which can be exer-
cised or created under our Constitution,
there is but one that can prevail in time of
peace, and that is the code of laws enacted
by Congress for the government of the ma
tional forces That code of military law has
no application to the citizen, nor even to
fha attizan ani1iar affrnl1nd in ha IN,
time of peace. But this bill is not part of
that government of military law, for that
applies only TO the soldier, and not the citi-
zen, while contrawise, the military law pro-
vided by this bill applies only to the citizen
aud not to the soldier. I need not say to
the representatives of the American people
that their Constitution forbids 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 express words of that instrument.
will not enlarge ON the inestimable value of
the right thus secured to every freeman, or
speak of the danger to public liberty in all
parts of the country which must ensue from
o denial of it anywhere or upon any pretence.
A very recent decision of the Supreme Court
has traced the authority, indicated the
dignity and made known the value of this
privilege so clearly, that nothing more is
needed. To what extent a violation may be
excused in time of war or public danger
may admit of discussion. But we are pro-
viding now for time Of profound peace,
when there is not an armed soldier within
our borders, except those who are in the SER
vice of the Government. 1t is in such
that an act Of Congress is proposed
which. if carried out. would deny trial by
ufn nj RI inr Ia 1,iv mil
American citizens, and to their posterity for
an indefinite period. 1t seems to me scarce
ly possible that any one should seriously
believe this consistent with Constitution
which declares in simple, plain and unam-
biguous language that all persons shall have
that right, and that no person shall ever in
any case, be deprived oft.
The Constitution also forbids the arrest
Of citizens without q judicial warrant, as o
or probable cause. This bill
arrest without warrant, at the
pleasure Of a military commander. The
declares mo person shall be
leld to answer for a capital OF otherwise in
amous crime, unless on presentment by
grand jury" This bill holds every person,
lot soldier, answerable for all crimes and
vi charges without presentment The
Constitution declares that mo person shall
10 deprived of life, liberty or property with
nut due process of law. This bill sets aside
il process of law, and makes the citizen
in his person and property to the |
will of one man, and in his life 10 the |
Vill of two finally. The Constitution de-
lares that "the privilege of the writ of |
abeas corpus shall not be suspended, unless
,hen in case of rebellion or invasion. the |
ublic safety may require it," Whereas
his bill declares martial law, which of it. |
an o1,uYan do tIic rxy,sk ia, 10
eace, and authorizes the military to make
he arrest and gives to the prisoner only one
rivilege, and that is trial without I'M
ecessary delay. He has no hope of release
'om custody, except the hope, such as it is,
release by acquittal before a Military
commission. The United States are bound
guarantee to each State republican form
government. Can it be pretended that
lis obligation is not palpably broken, if we
lrry out q measure like this which strips
way every vestige of republican govern
ent in ten States; and puts the life proper
:, liberty and honor of all the people in
lch of them under the domination of sim
% person clothed with authority In the
arliament of England, exercising the ON
potence which it claimed, which was &C.
STONED to pass bills of attainder, that is
say would convict men of treason and
her crimes by legislative enactment, the
'rson accused had a hearing. sometimes
Itient and fair one, but feudal party pref
lice prevailed instead of Justice. II often
came necessary for Parliament to &C.
lowledge its error aad reverse its own {
tiUn. The fathers of our country determ-
cd that no such thing should occur Here
ey Withhold the power from Congress, and ,
us forbade its exercise by that body, and ,
ey provided in the Constitution that no i
ate should pass any bill of attainder. 1t /
therefore impossible for any person in this
untry to be constitutionally convicted or I
nished for any crime by Legislative pro- I
eding Of fanny sort. Nevertheless here is a '
Il of attainder against nine millions of !
ople. 1t is based upon an accusation so J
que as to be scarcely ineligible, and :
ind to be true upon no credible evidence.
It one of the nine millions was heard in 4
own defence. The representatives of the n
omed parties were secluded from all par v
ipation in the trial. The conviction is to p
followed by the most ignominious punish p
mt ever inflicted on large masses of men.
them by hundreds Of thou !,
ids, and degrades them all, even those !,
10 are admitted not TO be guilty, from the y
TX of freemen to the condition of slaves N
Q purpose and object of the bill. the gen. n
i intent which pervades it from begin Il
x to end, is to change the entire structure d
1 character of the State Governments, c.
1 compel them, by force, to the adoption 81
an organic law aud regulation which 81
y are unwilling to adopt if left to them le