, 1867-03-15

sl.ce. the Southern States under military
rale We have been unable to obtain copy
oftbeIs Isw, and can only infer its provisions
from the foiiSN:ag synopsis of the Presid~
ent's veto message =
The Presidents veto of the Reconstruction
bill. makes about iour columns "a the new
YORK papers. His argument is prlne'ipaiiy'
that the bill is not in accordance with lay,
and he quotes the powers given by it to mil
itary Governors. He says the power given
to the commanding officer over all the people
of each State is that of an absolute monarch;
his mere will takes the place of law. The
law of the State is the only rule applicable
to the subject under his CONTROL and that is
completely displaced by the clause which
declares all interference of State authority
to be null and void; he alone is permitted
to determine what are the rights of persons
and property; he may protect them IN such
way as in his discretion he may deem proper,
aud the bill thus places at his free disposal,
all lands and dgoods in his district; he may
distribute them without let or hindrance to
whom he pleases, being bound by no State
law, and there beisg no other law to regulate
the subject, he may make a criminal code
of his own, and he can make it as bloody as
any recorded in history as he can reserve the
privilege of acting on the impulse of his
private prespossessions in each case that
arises.
The President argues that the bill virtu
ally establishes martial law in States late in
rebellion, and quotes from the recent decision
J of the Supreme Court in the Miligan case,
tha: it is necessary for martial law that there
be actual and present interference with legal
process, such as to eiiectually close the courts
and depose civil authority, and says that
this, in time of peace, makes martial law op>
crate as though we were in actual ,'war, and
becomes the cause, instead of the c3nse-
quence, of the abrogation Of civil authority.
He quotes further from the decisiee Of Chief
Justice Chase, that there are, under the
Constitution, three kinds Of miit nv juris-
diction-one tO be exercised bD'h in peace
and war; another to be exercised in time Of
foreign war without the boundary Of the
United States, or in time OF rebellion or civil
war within the States or districts occupied
by rebels treated as beligercnts aud the
third to be exercised in the time Of invasion
or insurrectiou within the limits OF States
maintaining adhesion to the National Gov
eminent, when the public danger requires
its exercise. The first OF these may BE- caI>
led jurisdiction rendered undcr military law,
and is found in the acts o. Con, ,ress prescrib>
ing the rules or articles of war, or otherwise
providing for the government Of national
$ forces. The second may be distinguished as
! military government superseding, as far as
may be deemed expedient, civil law, and to
be exercised By the military commander un-
der the direction Of the President, aud with
! the express or implied sanction of Congress.
The third may be denomiuated martial law
proper, and i called into action BY Congress
temporarily VIII n the action of Congress
: cannot be invited, aud in case Of justifying
or excusing peril, 10y the President, in times
/ of insurrection or Invasion, during civil or
e foreign war, within districts where ordinary
Jaw no !2rger adequately nsures public safes
ty OF the three military Jurisdictions which
can be exercised or created under our Con. =.
r tuition, there is but one that can prevail u
I time Of pc ce, and that is the code Of law,
enacted by Congress for the government of
i the national forces That body Of militia law
has no application 10 the citizen, nor even
to citizens enrolled in military in time Of
peace; but this bill is not part of that sort Of
military law, for that applies only to the
soldier and not to the citizen, while the nils
itary law provided by this bill points only
to the citizen and not to the soldier. The
: Constitution also forbids the arrest of a ci.-
t izen without judicial warrant, issued upon
information and probable cause. This bill
authorizes arrest without warrant aud at the
c pleasure of the military commanders.
. The Constitution declares that no person
, shall be held to answer for capital or other,
wise infamous crime unless on presents
ment by the grand jury. This bill holds
every person, not soldier, answetab!e io-
all crimes aud all charges without any
: presentment.
The Constitution declares that no person
slhssll be deprived Of life, Liberty and proper
ty withoL;:: due process of law. This bill
l sets aside all process Of law aud makes each
citizen answerable in his Herson aud proper.
ty to the will of one man, aud for bis life to
the will oil two.
Finally the Constitution declIrcs that the
I privilege of the writ of habeas corpus shall
not be suspended unless when in case Of .e>
E bellion, invasion or pubic safety may require
it; whereas this bill declares martial law,
which suspends this government in time Of
/ peace, and authorizes the military to make
arrests, and gives TO the prisoner only one
privilege, aud that is trial without dnnecesI
+ sary 1elay He has no hope of release from
custody, except the hope, such as it is, of re-
: lease by acquittal before a military comms>
sion. This bill wipes away every vestige of
republican government in ten States, and
> puts the life, liberty, property and honor of
all people in reach of them uuder the domius
2 ion of a single person, clothed with unlimi-
! ted authority.
, He says the fathers of our country were
: determined that no such thing should occur
here, and thus forbade its exercise by that
body, and they provided in the Constitution
: that no State should pass any bill Of attain
I der, therefore making it impossible for any