The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1867-03-20
PRESIDENTS MESSAGE.

LAhL04DLANA -
Message ofhe President Of the United States return.
ing TO the House Of Representatives Bill enllsed
An Act to Provide for the more eihclent govern
menl Of the kebel States"
9t lC,onciudcd.)
This is 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 he States
and Of The Federal Government are all in
undisturbed and harmonious operation. The
courts. State and Federal, are open, and 10
iuIl exercise nt their proper authority.
Over every State comprised in these hive
military Districts, lie liberty and property
are secured by State laws and Federal laws,
and the national Constitution is every
where obeyed. What. then. is the ground
on which this bill proceeds The title Of
the bill announces that il j. intended :" Tor
the more efficient government" u these ten
States. Ii IS reciled by way Of preamble
that no legal Stale governments, Grade.
anale projection Tor life OF property" rx-
lsts in those States, aud tnat peace and
good order should be thus enforced. The
tirst thing which arrests attention upon
these recllals. which prepare the way Tor
marital law, is ths--lhai the only lounda-
tion upon which martial law can exist On
Ger our lUrm Of Government = mol stated
w. 80 much as pretended. Actual war, 70
reign luyasion, domestic lnsurrectlnn-
nbne Of these appear and none Of these N
tact exist. IL j. not evan recited that any
sort of war or insuryecton j. threatened.
4 h.s. IN fftasr mn +.
question ol Constitutional law and the pow
&c of Congress, recent decision of the So.
preme Courto Of the United States 10 er par
te Millgsn.
will first quote from The opinion Of the
m.;orit, ot The court: Martial law can.
moi arise from a threatened invasion. Th-
nece,sity must be actual and present. the
invasion real, such a ehectuaily closes the
courts aud deposes the civil admlnistra-
n.n." We see that martial law comes in
nnly when actual war closes the courts and
d,coses tie civil aulhoril, but this bill, ~
,,me 81 peace. MAKES martial law operate
a. though We we're in actual war. and be-
come The cau.e instead u the consequence
~ The abtogatlon oi civil authority. One
,nore ouotation: 1T follows irum whAl
has been said On this subject that there arc
occasions when marital law can be proper
IL appled. II in foreign invasion or civil
var the courts are actually closed. and !:
isimpossible 10 administer criminal justic,
according 10 Law. then on the theatre of &C
tive military operations. where war reall!
preysils, there IL a necessity 10 furnish
substitute Tor the ciyilauthorIty. thus over
thrown, ia preserve the safety ol The arm,
and society; and as 40 puwer i lett bu
,he military, il is allowed 10 govern b,
martial rule until the laws can have thel
free course"
now quote from the oplnlon Of the mi
nurIty of the Court, delivered BY Chief Jus
tice Chase: !" We BY no means assert tha
Congress can establish and apply The law
ol war where no war has been declared q
Exists. Where peace exists. the laws Z
prace must prevail" This is suihCientl
rsplicit. Peace exists IN all the tertltor
,u which this bill applies. Il asserts
pawer in Congress. ~ tlMe IL peace.
set ASIDE the laws of peace and 10 subst
tute the laws oi war. The minority, cor
curing with the majority, declares III
congress does not possess that powe
AGAIN, and, IL possible, more en.phatica
h. the Chief Justice, with remarkab
clearness and condensation, sums ~ ~
whale matter 1 fellows;
There sre under the Constitution ,hr'
Kinds II military jurisdictlon--one 10 be g
.rcised both 10 peace aid war; another
he exercised in time ol foreign war withol
the boundaries Of the United States, or
time OF rebellion and civil war With
States or districts occupied by rebels trea
ed MS belligerents; and third 70 oe exc
elssd IN time OF invasion OF insurrecue
within the limits Of the United States,
during rebellion within The limits Of y
States maintaining adhesion 70 the Natiol