The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-03-07

| now quote from the opinion OF TIE I'LL
nority of the Court, delivered by Chief JUS
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 prevail" This is sufficiently ex-
plicit Peace exists in all the territory to
which this bill applies. 1t asserts power
in Congress, in time of peace. to set aside
the laws of peace and to substitute the laws
of war. The minority, concurring with the
majority, declares that Congress does not pos
sess that power. Again, and, 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
kinds of military .jurisdiction-one to be ex-
ercised both III peace and war; another to
he exercised in time of forei On war without
the boundaries of the United States, or in
time of rebellion and civil war within States
or districts occupied by rebels treated as bel
ligerents; and third to be exercised in time
of invasion or instruction within the limits
of the United States, or during rebellion
within the limits of the States maintaining
adhesion to the National Government, when
the public danger requires its exercise. The
first of these may be called jurisdiction I'M
der Military Lac, and is found in acts OF
Congress prescribing rules and articles OF
war, or otherwise, providing for the govern
ment of the national forces the second may
be distinguished as Military Government,
superseding, as far as may be deemed expe-
dient, the local law, and exercised by the
military commander under the direction of
the President, with the express or implied
sanction of Congress; while the third may
be denominated Martial Lao Proper, and is
called into action by Congress, or Temporal
rily when the action of Congress cannot be
invited, and in the case Of !justifying or eN-
cusing peril, by the President, in times of in
surrection or invasion or of civil or foreign
war, within districts or localities where Or
binary law no longer adequately secures
public safety and private rights"
! 1t will be observed that of the three kinds
of military jurisdiction which can be exer-
ciscd or created under our Constitution, there
! is but one that can prevail in time OF peace,
and that is the code of laws enacted by Con
gress for the government of the national
forces. That body OF military law has no
application to the citizen, nor even to the
citizen soldier enrolled in the militia 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, whilst,
contrariwise. the military law provided by
this bill applies only to the citizen and not
to the soldier.
need not say to the representatives of
the American people that their Constitution
forbitls the exercise of judicial power in any
way but one-tEat is by the ordained and
established courts. 1t is equally well known
that in all criminal cases trial by jury is
make indispensable by the express words of
that instrument. l will not enlarge on the
inestimable value of the right thus secured
to every freeman, or speak of the danger to
public liberty in all parts of the country
which must ersue from denial of it any
where or upon any pretcnse. A very recent
decision OF the Supreme Court has traced the
history, indicated the dignity, and made
known the value of this great privilege so
clarly that nothing more is needed. To
what extent violation of it might be ex-
cused IN time of war or public danger may
admit OF discussion, but we are providing
now for time of profound peace, where
there is not al armed soldier within our Dor
dcrs except those who are in the service of
the Government. 1t is in such condition
of things that an act of Congress is proposed
which, if carried out, would deny trial by
the lawful courts and iuries to nine millions
of American citizens, and to their posterity
for an indefinite period
1t seems to be scarcely possible that any
one should seriously believe this consistent
with Constitution which declares in simple,
plain and unambiguous language, that all
persons shall have that right, and that no
person shall ever in any case be deprived of
it. The Constitution also forbids the arrest
of the citizen without judicial warrants,
founded on probable cause This bill au-
thorizes an arrest without warrant, at the
pleasure OF a military commander. The
Constitution declare. that no person shall
be held to answer for capital or otherwise
Infamous crime unless on presentment by
grand jury" This bill hold, every person,
not a soldier, answerable for al! crimes and
all charges without any prcsentment. The
Constitution declares that mo person shall
be deprived of life, liberty, or property
without due process of law This bill sets
aside all process of law, and makes the citi-
zen answerahle in his person and property to
the will of one man, and as to his life to the
will of two. Finally, the Constitution of
ege of the writ of habea: corpus shall not be
unless when, in case of rebellion
or invasion, the public safety may require
it :" whereas this bill declares martial law,
(Which of itself suspends this great WRIT in
time of peace, and authorizes the military to
make the arrest, and gives to the prisoner
only one privilege, and that is a trial with
ont unnecessary delay" He has no hope of
release from custody, except the hope, such
as it is, of release by acquittal before a mill
tary commission.
The United States are bound to guaran-
tee to each State Republican form of gov
eminent. Can it be pretended that this OBJ
legation is not palpably broken if we carry
out measure like this, which wipes away
every vestige of republican government in ten
States and puts the life, liberty, and honor
of all the people in each of them under the
domination of a single person clothed with
unlimited authority9
The Parliament of England, exercising the
omnipotent power which it claimed, was &C
customed to pass bills of attainder; that is
to say, it would convict men of treason and
other crimes by Legislative enactment. The
person accused had hearing, sometimes a
patient and fair one; but generally party
prejudice prevailed, instead of Justice 1t
often became necessary for Parliament to &C
knowledge its error and reverse it's own &C.
ton. The fathers of our country determin-
ed that no such thing should occur here
They withheld the power from Congress, and
thus forbade its exercise by that body; and
they provided in the Constitution that no
State should pass any bill of attainder 1t
is, therefore, impossible for any person in
this country to be constitutionally convicted
or punished for any crime by legislative