The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1867-03-15

| Ine majority uecldTeS tHdG OOHSreSs
does not possess that power. Again
and if possible more emphatically, the
Chief Justice with remarkable clear
ness and condensation sums up the
whole matter as follows: There are un,
der the Constitution three kinds o.
military jurisdiction; one to be exercis
ed both in peace and in war, another to
be exercised in time of foreign wal
without the boundaries of the United
States or during rebellion within the
limits Of the States maintaining adheS-
ion to the national Government when
public danger requires itseXercise. The
first of these may be called jurisdiction
to render military law, and is found in
the acts of Congress prescribing rules
and articles ofWar, or otherwise pro-
Viding for the government of the ma
tional forces. The second may be dis
tinguished as military government,
superceding, as far as many be deemed
eXpedient, local law, and exercised
by the military commander, under
direction of the President, with express
or implied sanction of Congress. The
| third may be denominated as martial
| law proper, and is called into action by
| Congress, or temporarily when the ac-
| tiOn of Congress cannot be invited, and
in case ofjustyfying or eXcusing peril,
| by the President in times of inSurrec-
| tiOn or invasion of civil or foreign war,
within districts or localities where Or
dinary law no longer adequately insure
the publicsafety.
1t will be observed that of the three
kinds of military jurisdiction which
| hn tn1
! Constitution, there is but one that can
prevail in time of peace, and that isthe
code of laws enacted by Congress for
the government of the National forces.
That body Of military law has no ap-
| plicatiOn to the citizen, or even to the
citizen soldier enrolled in the militia
in time of peace. But this bill is not d
part of that sort of military law, for
that applies only to the soldier, and
not the citizen; while contraWise the
military law provided by this bill ap-
plies only to the citizen, and not to the
soldier. | need not say to the represen-
tatives of the American people that
their Constitution forbids the exercise
of judicial power in any way but one,
and that is by the ordained and estab-
lished courts. 1t is equally well known
that in all criminal cases trial by jury
is made indispensable by the express
words of that instrument. / will not
enlarge on the inestimable value of the
right thus secured to every freedman,
or speak of danger to public liberty in
all parts Of the country, which must
ensue from a denial of it anywhere or
upon any pretence. A very recent de-
cision of the Supreme Court has traced
the authority, vindicated the dignity
and made known the value fthis priv
ilege so clearly that nothing more is
needed. To what extent and violation
may be excused in time of war or pub
lie danger may admit of discussion;
but we are providing now for time of
profound peace. When there not an
armed soldier within our borders eX-
cept those who are in the service ofthe
Government. 1t is in such condition
that an act of Congress is proposed,
which if carried out, would deny trial
by lawful court and juries to millions
of American citizens and to their pos
terity for an indefinite period. 1t
seems to be scarcely possible that any
one should scarcely believe that this is
consistent with Constitution, which
declares in simple, plain and unambig-
uous language, that all persons shall
have that right, and that no person
shall ever in any case be deprived oft.
The Constitution also fOrbids the arrest
of citizen without judicial warrant,
foundation or probable cause. This
bill authorizes The arrest without a
warrant at the pleasure Of military
commander. TheCOnstitution declares
that no person shall be held to answer
for capital or otherwise infamous
crime, unless on preSentmentby by grand
jury.
This bill holds every person not a
soldier anSWerable for all crimes and
all charges without any presentment.
The Constitution declares that no per-
son shall be deprived of life, liberty or
property, without due process of law.
This bill sets aside all process of law
and makes the citizen anSWerable in
his person and property to the will of
one man, and to his life to the will of
two. Finally the Constitution declares
that the privilege of the writ of habeas
corpus shall not be suspended unless
when in case of rebellion or invasion
the public safety may require. Where
as this bill declares martial law, which
of itself suspends this great writ in
time of peace and authorize the militia
ry to make the arrest and gives to the
prisoners only one privilege, and that
is trial without unnecessary delay.
He has no hope of release from custody
except the hope, such as it is, of re-
lease by acquittal before a military
commission. The United States are
Sound to guarantee to each State Re
publican form of government. Can it
be pretended that this obligation is not
palpably broken if we carry out a meas
ure like this; which wipes away every
vestige of a republican government in
the ten states and puts the life, proper
ty, liberty, and honor of all the people
in each of them under the domination
of a single person clothed with unlimit-
ed authority. The Parliament Of Eng
land exercising the great power which
it claimed; which was accustomed to
pass bills of attainder, that is to say: 1t
would convict men of treason and 9TH
er crimes by legislative enactment; the
person accused had a hearing, some
times patient and fair one, but gener-
ally party prejudice prevailed instead
of justice. 1t often became necessary
for Parliment to acknowledge its error
and reverse its own action. The faith
ers of our country determined 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 at
tainder. 1t is, therefore impossible for
any person in this country to be consti-
tutionally convicted or punished for
any crime by a legislative proceeding