North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1867-03-13


thereby alter the rebellious portions of their
population were defeated and put down.
1t is true that in these earlier cases there
was no formal expression ola determine
ton to withdraw from the Union; but 1t
is also true that in the Southern States the
ordinsn noes of secession were treated by all
the friends of the Union as mere nulities,
and are now acknowledged to BE- so by the
States themselves. If We admit tnat they
had any force of validity, or that 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 justifying the use OF federal
force to maintain the integrity OF the gov
ernment.
There is a bill passed BY Congress in time
of peace. There is not in any one OF the
States brought under its operation either
war or insurrection the laws OF the State
and of the federal government are In un-
disturbed and harmonious operation the
courts, State and federal, are open IN the
full exercise Of their proper authority over
everv State comprised in the five military
districts life, liberty and property are
secured by State laws and federal laws,
and the national Constitution is everywhere
in force and everywhere oteyed. What,
then, is the ground on which this bill pro-
c.eds? The title Of the bill announces that
it is intended for the more efficient govern
ment of these ten States. 1t is reclsed, by
way of preamble, that no loyal State govern.
ments nor adequate protection for life or
property exist in those States, and good Or
der should thus be enforced. The first
thing that arrests attention upon these re-
citals which prepare the way for martial
law is this-that the only foundation upon
which martial law can exist under our form
ofgovcrnment is not stated, or so much AS
pretended. Actual war, toreign invasion,
domestic nsurrectlon-none Of these, ap
pear, and none Of these, in fact, exists. II
Is not even recited that any sort Of war or
iBsurrection is threatened.
Let Us pause here to consider, upon this
question Of constitutional law aud the pow
er Of Congress, recent decision OF the
Supreme Court of the United States 10
er porte Mlligan. will first quote from
the opinion OF the majority Of the court -
"For martial law caunot arise from threat
ened invasion. The necessity must be NC.
tual and present, the invasion real, such as
effectually closes the courts and dlsposes
tue civil administration" We see that
martial law comes in only when actual WAT
closes the courts and depOses the civil au'
thority. But this bill, in time of peace
makes martial law operate as though We
were in actual war, and becomes the cause
instead Of the consequence ef the abroga-
ton of civil authority. One more quota
tion: at follows, from what has been saId
on the subject, that there are occasions
when martial law can be properly applied,
If in foreign INVASION or civil ar the
courts are actually closed, and it is impossi-
BILE to administer criminal justice according
to law, then on the theatre of active militia
ry operations, where war really prevails,
there is necessity to furnish substitute
for the civil authority thus oyerthrown to
preserve the safety of the army and socie
ty, and, as no power is left but the military
it is allowed to govern by martial rule un-
til the laws can have their free course" /
now quote from the opinion of the minority
of the court, delivered by Chief Justice
Chase: ave by no means assert that Con
gress can establish and apply the laws Of
war where no war has been declared OF
exists; where peace exists the laws OF
peace must prevail" This is sufficiently
explicit-that peace exists iu all the terri
tory to which this bill apples. 1t asserts u
power la Congress in time of peace 10 set
aside the laws OF peace aud to substitute
the laws of war. Tue minority, concurring
with the majority, declares that Congress
does not possess that power. Again, and
if possible more emphaticAlly, the C'iet
Justice, with remarkable clearuess and con
densalion, sums up the whole matter as fol-
ows:
There sre, under the Constitution. three kinds Of
military jurisdiction one to be exercised both In
peace ana in war another to be exercised in tie
G foreign war, without the boundaries of the I al
ted States in time Of rebellion and civil war with
n States or districts occupied by rebels treated 10
lligerents and third to be exercised in time Of
invasion OF insurrection within the limits of the
United States, or during rcbelou within the limits
Of tho States maintaining adho sion 70 the national
government, when She public danger requires Its sx-
ercise The first of these may bs called jurisdiction
ander military law, and is found in acts Of Congress
prescribing rules and articles OF war, or otherwise
pr ovidipg for the government Of the ns-
tionsl forces. The second may be distinguish
ed as military government, superseding. ss far rs
may be deeRsd expedieut, the local las, and exer.
cised by the military commsnd-r. under the direc-
ton of the President with the express or implied
sane ton of Congress- while the third may be de-
nominated martial law proper, and is called in;o
action by Congress OF temporarily, when the action
of congre" cannot be invited AMI Ds..D, Ia the
case of justifying sxcusng peril BY the President
in times of insurrection INVASION OF civil or for
eign war, within dstrts or localities where ordlna-
ry law no longer adequately secures pHblIc safety
or private rights.
It will be observed that of the three
kinds of military jurisdiction which can be
exercised or created under our Constitu
ion 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 national forces. That body of militia