The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-03-12

poses the civil authority; but this bill, in
time of peace, makes martial law operate t
as though we were in actual war, and be- {
comes the cause, instead of the conse-
quonce,o of the eabrogation Of civil authority.
One more quotation: 1t follows from
what has been said on this subject, that
there are, occasions when martial law can
be properly applied. In case of foreign
invasion, or when the. civil courts are ac-
tually closed, and it is impossible to ad-
minister justice according to law, Then.
on the theater of military operations there
is necessity to furnish substitute for
civil authority thus overthrown. Iusuch
cases it is allowable to govern by martial
rule until laws can have their free course.
+ now quote from the opinion of the
minority Of the court, delivered by Chief
Justice Chase:
| 1--WE by no means assert that Congress
can establish and apply the laws of war
where no war has been declared or exist
Where peace exists, there the laws of
peace must prevail.
This is sufficiently explicit. Peace ex-
lists in all the territory to which this bill ap-
plies. The minority eoncurrirg with the
majority, declares that Congress does not
possess the power claimed. Again, and
i if possible, more emphatically, the Chief
Justice, with remarkable clearness and
. condensation, sums up the whole matter
as follows:
. 'There are under the Constitution three
l kinds of military jurisdiction. One to
be exercised in peace and in war; another
n to be exercised in time of foreign war
t without the boundaries of the United
e Estates, or in time Of rebellion, or in time
Q of civil war within the States or district
n occupied by rebels treated as belligerents;
e and third to be exercised in time OF in
e vasion or insurrection, within the limits
d of the United States, or during rebel
IS lion within the limits of State maintain
}, ing adherence to the National Govern
e ment. When public danger requires its
9, exercise, the first of these may be called
$ Jurisdiction under military Jaw, and is
t. found in the acts of Congress prescribing
1t rules and articles Of war, or otherwise
: providing for the government of the ma
is tional forces. The second may be distin
h guished as military government superce
Sc ding as far as may be deemed expedient,t ,th'
a local law, and exercised by military com
q, manders, under the direction of the Pres
IN ident, with the express or implied sane
of tion of Congress. The third may be de
ne nominated martial law proper, and i
er called into action by Congress, or tempo
it rarily, when the action Of Congress ca
of not be invited, and in case of justifyin
a or excusing peril, by the President, i
: times Of insurrection or invasion, or
ly foreign or civil war, within districts or 10
n calities where ordinary law will no longe
adequately insure public safety"
" 1t will be observed that of the thre
r. kinds Of military jurisdiction which ca
: be exercised or created under our Const
les tuition, there is but one that can preva
We in time of peace, and that is the code
lat laws enacted hy Congress for the govern
ne ment of the national forces. That coo
,c- of military law has no ssrrrr!liicaticG to Il
i av citizen or even to the citizen soldier e1
ed rolled in the militia in time of peace,
be But this bill is net part of that SO
To- of military law, for that applies only
.he the soldier, and not to the citizen; Will
ans contrariwise, the military law provid
ere by this bill applies only to the citize
on, and not to the soldier.
de- need not say to the representatives
sht the American people that their Constit
on. ton forbids the exercise of judicial pow
up. in any way but one: that is by the
of dained and established courts! 1t
ties equally we'll known that in all crimiI
lin cases a trial by jury is made indispen'
nm BILE by the express words of that instl
Jew ment. | will not enlarge on the ines
ory mable value of the right thus secured
Jni. every freeman, or speak of the danger
Ella public liberty in all parts of the coun
eral which must ensue from denial OF
be anywhere, or upon any pretense. A V.
ious recent decision in the Supreme Court
lted traced the authority, vindicated the d
,ese pity. and made known the value of t
ess- privilege SO clearly that nothing mer'
rom needed. To what extent violation
the be excused in time Of war or public d
ess ger, may admit of discussion, but we
the providing now for a time OF profo,
ac- peace when there is netian armed sole
.em- within our borders except those who
in the service of the Government. l
,e or in such a condition that an act OF Z
take (gress is proposed which, if carried
1t of would deny trial by lawful courts
feet iuries to nine millions of American
in zens and to their posterity for an IND
e to mite period 1t seems to be scarcely
,ent. sible that any one should seriously
. in lieve this consistent with a Constitu
one which declares in simple, plain and
,era- ambiguous language that all persons
The have that right, and that no person s
leral ever, in any case, be deprived of it.
har. The Constitution also forbids the al
State of citizen without a judicial war
ex- and probable cause. This bill aut
,yery Lies arrest without warrant,at the pl
Life, dre of military commander The
State stitution declares that no person shal
ional held to answer for capital, or other
, and Infamous crime, unless on presentmen
grand jury. This bill holds every
this son not ia soldier answerable for all crl
an and all charges without any presentn
eff. The Constitution declares that no Pc
: Il shall be deprived of life, liberty or
at no erty without due process of law.
nnate bill sets aside all proceedings OF law,
ist in makes the citizen answerable In MS