The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1867-03-14

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tons grow but the States continued
to exlst, aud the Union remained I'M
broken. In Massachusetts, in Penn
sylyania, in Rhode Island, aud in New
York, at different periods in our history,
violent and armed opposition TO the
United States was carried on but the
relations Of those States to the Federsl
Government were not supposed to be in-
terrupted or changed thereby, after tho
rebellioas portions Of their population
were defeated aud put down. II is true
that IN these earlier cases there was no
formal expression Of discrimination 10
withdraw FROM the Union, but it is also
true that in the Southern States the or
dinances Of secession were treated by
all the friends of the Union as mere
nullities, aud are now acknowledged 10
be SO by the States themselves. If we
admit that they had any force or yalidi-
y, or that they did 10 fact take the
States in which they were pissed out Of
the Union, We sweep from under our
feet all the grounds upon which We
stand in justiiyiDg the use of Federal
force to maintain the integrity Of the
Government.
This is bill passed by Congress in
time Of peace. There is not in any one
OF the States brought under its opera
tiou either war or insurrection. The
laws Of the States and Of the Federal
Government are all in undisturbed and.
harmonious operation. The courts, State
aud Federal, are open, and in The full
exercise Of their proper authority. Over
every State comprised in these i've
military districts, life, liberty, and pro-
perty are secured by State laws and
Federal laws, and the National consti-
futon is everywhere in force, aud eyer,-
where obeyed. What, then, is the
ground on which this bin proceeds -
The title Of the bill announces that it is
intended ''for the more efficient govern
meut" Of these ten States. Il is recited'
by way Of preamble that no legal State
governments, NOR adequate protection
for life or property" exist in those
States, and that peace aud good order
should be thus enforced. The first thing
which arrests attention upon these reel,
tails, which prepare the way for martial
law, is this--that the ouly foundations
upon which martial law eau exist under
our form Of government is not stated or
SO much as pretended. Actual war;
foreign invasion, domestic insurrection-
-uone Of these appear, aud none Of
these IN fact exist. IL is not even re-
cited that any sort of war or iusrfrec-
ton is threatened. Let US pause here
TO consider, upon this question ef con-
stitutioaallaw and the power of Congress,
recent decision Of the Supreme Court
OF the United States &c payte Milliganl,
| will first quote from the opinion Of
the majority OF the court Martial law
cannot arise from Threatened invasion,
The necessity must be actual aud pres
ent, the invasion real, such as cifestual.
" closes the courts aud deposcs the
civil administration" We see that
martial law comes in only when actual
war closes the courts and deposes the
civil authority Tut this bin, 10 time of
peace, makes martial law operate as
though we were in actual war, and be-
come the cause, instead Of the coase-i
qasace Of the ebrogation Of civil autho-
rity. One more qao,ation sJtfolloxs
from what has been said on this subject
that there are occasions when martial
law can be properly applied. lfiu for
cign invasion or eivil war the courts
are actually deposed, aud il is impossi-
bic TO administer criminal justice accor--
ding TO law, t.eH, on the theatre Of ae-.
tive military operations, where war real
ly prevails, there is necessity 10 fur.
uish assubstitutc for theciril authority.
thus oycrthrowu, to preserve the safety
of the army and society; and as no pow.
or IS left but the military, ID is allowed
to govern by martial rule until the laws
can have their free course IN
/ aow quote from The opinion Of the
minority or the court, delivered by
Chief Justice Chase: s.ss'c BY no rneans
assert that Congress can, establish and
apply the laws OF war where no war has
been declared or exists Where peace.
exists the laws Of peace must prcsail.,'
This is sufficiently explicit Peace en-
lists 10 all the territory to which this
bill applies. It asserts a power 10 Coo
grcss, in time OF peace, to set aside the.
laws ofwar The minority, concunrine
with the majority, declares that Con.