The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-03-12

at all. If therefore, the Southern States were In
truth out of the Union, we could not treat their
people in way which the fundamental law for
BIDS
Some persons assume that the success of our
arms in crushing the opposition which was made
in some of the States to the execution of The
Federal laws, reduced those States and all their
people-the innocent as we'll as the guilty-to
the condition of vassalage anG gave a power
over them which the Constitution does not bestow,
or define, or limit. No falacy can be more
transparent than this. Our victories subjected
the Insurgents to legal obedience, not to the yoke
of an arbitrary despotism. When an absolute
sovereign reduces his rebellious subje he may
deal with them according to his pleasure, because
he had that power before. But when a limited
monarch puts down An Instruction, he must
still govern according to law. If an instruction
should take place in one of our States against
the authority of the State government and end
in the overthrow of those who planned it, would
that take away the rights of all the people of the
counties where it was favored by a part or a
majority of the population Could they, for
such reason, be wholly outlawed and deprived
OF their representation in the Legislature?
have always contended that the Government of
the United States was sovereign within its con-
stltutional sphere; that it executed its laws, like
the States themselves, by applying Its coereive
power directly to individuals; and that it could
put down Instruction with the same effect as
State, and other. The opposite doctrine is the
worst heresy of those who advocated secession,
and Cannot be agreed to without admitting that
heresy to be right
Invasion, instruction, rebellion, and domestic
violence anticipated when the Government
was framed, and the means of repelling and sup
Pressing them were wisely provided for in the
l,,& IL
declare that the States in which they mi ht occur
should be expelled from the Union. Rebelhons,
which were invariably suppressed, occurred prior
to that out of which these questions grow; but
the States continued to exist and the Union re-
manned unbroken In Massachusetts,, in Penn
sylvania, in Rhode Island, and 10 New York, at
different periods in our history violent and armed
opposition to the United States carried on;
but the relations of those States with the Federal
Government were not supposed to be interrupted
or changed thereby after the rebellious portions
of their population were defeated and put down.
1t is true that in these earlier cases there was no
formal expression of determination to withdraw
from the Union but it is also true that in the
Southern States the ordinances of secession were
treated by all the friends of the Union as mere
utilities, and are now acknowledged to be so by
the States themselves. If we admit that they
had any force validity, that they did in fact
take the States, in which they were passed, out
of the Union, we sweep from under our feet all
the grounds upon which we stand in justifying
the of Federal force to maintain the integrity
of the Government.
This is bill passed by Congress in time Of
peace. There is not in any one of the States
brought under its operation either or in
surrection. The laws of the States and of the
Federal Government are all in undisturbed and
harmonious operation. The courts, State and
Federal, open, and in the full exercise oftheir
i proper authority. Over every State comprised
in these five military districts, life liberty and prop
erty secured by State laws and Federal laws,
and the National Constitution is everywhere in
force and everywhere obeyed. What, then, is
The ground on which this bill proceeds The
title Of the bill announces that it is intended "for
the more efficient government of these ten States.
1t is recited by way of preamble that no legal
State Governments, "nor adequate protection for
life property" exist in those States, and that
peace and good order should be thus enforced
The first thing which arrests attention upon
these recitals, which prepare the way for martial
law, is this-that the only foundation upon
which martial law can exist under our form of
Government is not stated or so much preten-
ded. Actual war, foreign invasion, domestic in
surrecon-none of these appear; and none of
these in fact exist. 1t is not even reciteG that
any sort OF war or insurrection is threatened-
Let US pause here to consider, upon this question
OF constitutional law and the power of Congress,
a recent decision of the Supreme Court Of the
United States in er partc Milgan.
will first quote from the opinion of the maj or-
lty of the Court: Martial law cannot arise
from a threatened invasion. The necessity must
be actual and present, the invasion real such as
etfectually closes the courts and deposes the
civil administration" We see that martial law
comes in only when actual war closes the courts
and deposes the civil authority: but this bill. in
| tme OF peace. makes martial law operate as
though we were in actual war, and become the
| cause instead of the consequence of the abroga
ton OF civil authority. One more quotation: "it
follows from what has been said on this subject
| that there are occasions when martial law can be
properly applied. If. in foreign invasion civil
war the courts are actually closed, and it is i'm
possible to administer criminal Justice according
to- law, them on the theatre of active military
operations. where war really prevails there is a
necessity to furnish substitute for the civil au-
thorlty thus overthrown; to preserve the safety of
| the army and society, and power is left but
the military, it is allowed to govern by martial
rule until the laws can have their free course"
l now quote from the opinion of the minority of
the Court. delivered by Chief Justice Chase: I'VE
by no means assert that Congress establish
and apply the laws of war where 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 a power in Congress-
in time of peace. to set aside the laws of peace
and TO substitute the laws of war. The minority,
concerning with the majority. declares that Con-
! gress does not possess that power. Again. and.
if possible. more emphatically, the Chief Justice
with remarkable clearness and condensation sums
! I'D the whole matter as follows: