The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1867-05-18

tion--nonc of these appear, and none Of
| these in fact exist. 1t is not even recitcd
that any sort Of war OF instruction Is
thrcateDed. Letps paase here to consider
upon this question Of constitutional law
and tho power Of Congress-. yhe recent
decision Of the supreme court Of the Uni
ted States IN eypatfe MiIligan. I will
first quote from the opinion Of the major
Iity OF the courts nMafIial law gann0.
arise from threatened invasion. The
necessity ihtgt be actual, and present the
invasion real such as cHcctdally closes
the courts aud dsposes the civil admins.
tration.RI We see tlIattnaftial law comes
in only when ACTUAL war closes the courts
and dep0ses the civil authority. But this
bill, in time OF peace, makes martial law
operate as though we were in actual war,
and becomes the cause instead Of the con.
sequence Of the abrogation Of civil au.
thority. "It follows, from what has been
said on this subject, that there are occa.
sions when martial law can be properly
applied. If in foreign invasion or oiyiI
war, the courts are actually closed and il
is impossible TO administer criminal justice
according ia laY, then, on the theatre
Of active military operations where wal
really prevails, there is necessity to fur.
nish substitute for the civil authority
thus oyerthrown to preserve the safety oi
the army and society, and as no power il
left but the military it 10 allowed to gov.
ern by partial rule until the laws can
/ have fhatr Fraa onppa,. ~
/ now quote from the opinion of the
minority Of the court, delivered by Chiei
Justice Chase: "Wc by no means assert
that Congress can establish and apply the
laws Of war where no war has been de-
clarcd or exists.
Where peace exists the lays Of peace
must prevail" This sufficiently explicit
peace exists in all the territory to which
the bill applies. 1t asserts power in
Congress in time Of peace to set aside the
laws Of peace and substitute the laws oi
war. The minority concurring with the
majority declares that Congress does moi
possess that power. Again and If posi-.
bic. more enphatically, the Chief Jus.
tice. with remarkable cIcarness and con.
densation, sums up the whole matter az
follows:
"There are under the constitution three
kinds Of military jurisdiction. One, to be
exercised both in peace aud war another
TO be exercised in time of foreign wal
without the boundaries Of the United
States. or in time of rebellion or civil war
within states or districts occupied by rcb.
els treated as belligcrents, and third to
be exercised in time of invasion or insur.
rection 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 those may be called Jurisdiction
under the military law, and and is il acts
Of Congress-, prescribing rules and arti
cles of war, or otherwise providing for the
Government Of the national force The
second may be distinguished as military
goFernment supe esseding as far as may be
deemed expediept the local law, and ex-
erciscd BIZ the military commander uLder
the direction Of the President, while
the third may be denominated martial Law
proper, and is called into action By Con
gress, or temporarily when the action OF
| Congress cannot be invited and in the
case Of justifying or excusing peril by the
President in times of finsurreetion or inva-
sion Of civil or foreign war, within dis.
tricts or localities where ordinary law nc
longer adequately secures public safety
or private rights" 1t will be observed
that of the three kinds of military juris.
diction which can be exercised or created
under our Constitution, there is but one
that can prevail in time of peace, and
that is the code of laws on&cted by Con
gross 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 part of that
sort of military law, for that applies only
to the soldier and not to the citizen while
contrariwise the military law provided by
this bill applies only to the citizen aud
not the soldier. l need not say to the
Representatives of of the American people
that their Constitution forbids the exer-
else of judicial power in any way but one
that is, by the ordained and established
courts. 1t is equally we'll known that in
all criminal cases, a trial by jury is made
indispensable by the express words Of
that instrument I 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 ensue from de-
NAL of il anywhere, or upon any pretence.
A very recent decision of the Supreme
Court has traced the history, vindicated
the dignity, and made known the value OF
this great privilege so clearly that moth.
ing more is needed. To what extent a
violation of it may be excused in time Of
war or public danger may admit of dis
cussion, but we are providing now for a
time of profound peace where there is
not an armed soldier within our borders,
except those who are in the service of the
Government. 1t is in such condition OF
things that an actof Congress is proposed
which, if carried out, would deny q trial
by the lawful courts and juries to nine
millions Of American citizens, and to their
posterity for an indefnits period. II
seems to be scarcely possible that any one
should seriously believe this consistent
with o Copstitntiop which declares in
simple, plain and nnambignous language
! that all persons shall have that right, and
THAT no person shall ever, in any case, be
ldep.ived Of it. The Constitution also
i fo,akidc the nrrast nf fha oitivnn xustbnui