New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-03-04
iIcton Wa hayn nn rrht to do n one nianA nre Cham

success OF arms IN crushing Che opposition which
Ta maze III some o. te staes 20 t e a OF inc
the innocent well as tho guilty" to the condition OF
CoSstittioS doesno define OF limit No faiacy can be
transparent than this. Our victories subjected the
trary despotism. Whom an absolute sovereign reduces
bis febelOus subjects, he may deal with them according
to his pleasure because he had that power before but
when limited monarch puts down an nsufrection, he
sonld take place I'm one OF our States against Tie author.
ity of the state Government and end in the overthrow OF
all the people Of the counties where il was favored by
part majority Of the ppuadont Could they for such
sentatlOn i'm the Legislauel have always commended
that the Government OF the United states sovereign
within its Constitutional sphere that 1t executed lis laws
Ike tho States hemselyesrDy applying M c0eIcYe powers
directly to individuals, and that could pu down lnsur-
Tecfion with the same effect State and no other
The opposite doctrine is the worst hefesy OF those VINO
advocated secession and cannot be asreed TO without al
hitting that heresy to be right Invasion instruction ,
rebellion and domestic violence were yer @nP9ca o gH
and suppressing them were wisely poNuel lor , se
that The states in which they might occur should beX-
peed from the Union Rebclous. which were nv aiiapy
sppressed occurred prior TO that ont 0t when lksas
ocstons grow; but tie states continued to exist and me
Union remained unbroken In M9ssaGn?sit a. Icm
petpoe r ID states Vas carried on bat the relations
Of those states with the Federal Government were not
supposed TO be interrupted or obangee Iclo eite .s
nut doW It is true that IN these earlier cases there
formal expression Oh detcfhisnetlnh 20 S,r
states the ordinances OF secession weIe treated y AL ihs
friends Of S Upon 70 qs m Se e ssec II We
admit that they had any tctce or validity, oI ~
of the Union We sweep from under our feet oil the
grounds upon which we stand IN lusyhE ." o.crn
ment This IS bin passed by Congress In the tine OF
peace There pot in any OF the % a Of LIE
S Snds tu gIG and SnnSnous operation The
courts, State Snd Federal are open aud in
the full exercise OF their proper anino.y, lcis
every state comprised in the i've mna!! ulstia,as
| In Hi,prfV.
Federal laws, and the National Constlti'9h - ssei{
be eronrd on which tbs Bill proceeds! The title OF the
bin announces that it IS intended for the more enlcen,
government OF these ten states. IL IS rected by way OF
preamble that legal State Governments nor aaequa,e
fox NE or c PEGps cg sIn Be enforced The
first thing which arrests attention upon these ecas,
wgG gohTGpfon mon Which martial law exist under
our form Of government Is not stared o, so nun @
hon-9ae OF ttese sppec Nat any sort OF war or in
npon the question OF constitutional law and the powero OF
Congress recent decision of the supreme coasoi tas
United States in ef pGric Sngan WI! f-t quote rom
the opinion OF the majority Of the Court isItln Nv
must be actuand pesen-the invasion real eh .. 70
effectuay close the Courts and depose ire ciYl aotn
actual war closes the Courts and depOSeS tne c.si
authority But this BILL in time OF peace makes a,aa
law opeTate as though in actual war; ana become
the cause, instead Of te consequences Of the abrosa
to1 Of civil aut9orty . one or 's there are oc
csS l vlsp NATAL ley , Sp sns spssbs sdnar
en ntice secofdn,o law the hssier Of seige Military
Ss,ta. Ttf liz fai Ss5y tus |
loved !. s4ysr By Iait rule dat the laws have ise' Tree
now quote from the opinion of the minority Of the
Court, delivered by ChiefJustice Chase; We ~ no
laws OF war where no war has been declared cSiss
where peace exists the laws OF peace must feyai Jhis
Is sufficiently explicit peace exists N an te Territory 10
which this bill applies 1t asserts power m CoSsiess IN
stitute the Of war. The minority concurrng WITH
the majority declares that Congress does not possess mat
PSTeE AgSn i anq n e1S oT9 ana eonass
ton sums up the whole matter a. follows;
"Thee under the Constitution three kinds Of military ur,eoa-
one to ts Ie11 oTS or ne bo-r 81 the Tinted site or ia
lime Of r.bon and civil war within districts occspei by
rebels treated belGris and tha % BE- exercised IN t q ayi-
eo1 within limits OF the States maintaining adhesoa 70 the
S,o,I Ge's aT e s NED @ @ r M sSd soas
sc q GGSs, Pse y S S 'l m Ss 5 e
a,tnsSsd as i Pm 5, ana ,5 s, esn5us
Sds the a'S s q .As r s s 1i's s P1s
ard /, allied by Congress Temporarily whea tie acasa
So9SS teo t IN ns ~ l.l r tor or Sa 81 ,s or gs
within districts oci where Ordinary Law ae logger adequately
IN Viii be obseryedtbat OF the three kinds Of military
Constitutions there is bur one that can prevail m time OK
peace and that Is the code OF laws enacted by Congress
military law has no a0pitration to the citizen nor even TO
the citizen soldier enrolled in the militia in time OF peace
that applies only 20 Inc soldier ard not the citizen wAIs
! plies only 10 the citizen and not TO the soldier
need not sayto the representatives, Of the American
judicial power in any way but onethat is. by the or
daned established Courts. II Is equally well kaOwn
that in all criminal cases trial by jury is made ndSpen-
enlarge the nestmabe value OF the right thus secured
10 every freeman speak OF the danger 10 public Liberty
in oil parts OF the country which must ensue from
denial Of IL anywhere or upon any pIetense. ,sy
tory vindioated the dignity and made known tho yaue
OF this great privilege SO o.sary that hollhs hOre
| is needed. 70 what extent a violation or IL may
be excused Ia time OF war or pubic uan w i hsy
admit Of discussions but we are providing now Tor ims
Of profound peace, when there IS not az armed soldier
within our borders except thcseh0 ale IN service .,
the Government TITS in sucl conuiti0n OF things %
an act OF Congress u proposed whicD u carried ou,
would deny trial by the lawful ceuiis AMI lulies
To nine millions OF American 20 teit Osctiy
for Indefinite period II seems TO be scnry possible
that any should seriously believe 1s conSent with
Constitution which declared IN smpc, pliD, anu tnai
bguous language that all persons shan nave thh gh
and that person shall ever m any case be dePivtdN
IT, The Constitution also f0TDds the arrest OF the oIn
without judicial warrant founded on oodbe cause TINS
bill authorizes an arrest without warrant ~ me peosu
OF military commander The Constitution declares hat
person shall be hed 20 answer capital Or other
wise Infamous crime unless onpresentment by Grand
for all crimes and all charges without any pTcsenBsnt
The Constitution declares that no person shall be>de
piVou OF me- hbery or property without due process OF
law this bill sets ASIDE al process Of law aud makes the
of one man; ana 10 his lie 20 the Will OF two Fnasys o
Constitution declares that the pyiY OF the writ OF a
beas corpus shall not be suspended unless WheD OF
rebellion or invasion the psblci safety may require IT,
whereas this bill declares martial law which of itself
ponds TINS great WIlt ia time OF peace, and authorizes
only privilege, and that Is trial without unDeces
sary delay" he has no hope OF release irem custody
cept the nope suSh as IS OF ieee ~ aclWtIu before
Military Commission. Tho United States are bound TO
guarantee to eGcha state republican form OF govern
meH Can u be pretended THAI tins obi CATION - EOi Jl
paby broken If We carry out measure Ike this which
wipes away every Vestige oil republican government IN
ten States and puts the life property liberty, ANA hOnOr
Of oil tho people IN each Of them under the domination
of single person clothed with unlimited authority.
The Parliament of England exercising the omulpotent
ID