The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1867-03-20

WY government Ol the UnlTeu StateS was
sovereign within ITS constitutional sphere;
that it executed the laws of the States
themselves, by employing itscoercive pow
ers directly to individuals and that it
could put down the instruction with the
same effect as State, and no other oppo-
sing doctrine. 1t is the worst heresy of
those who advocate secession, and cannot
be agreed to without admitting that here
sy to be the right of invasion.
Instruction, rebellion and domestic vio-
fence were anticipated when the govern
ment was formed, and the means of repcll-
ing and suppressing them were wisely pro-
vided for in the Constitution; but it was
not thought necessary to declare that the
States in which they occur should be ex.
PEELED from the Union! Rebellions, which
re invariably suppressed, occurred prior
ccothat one to which these question: re-
ierrd, but the States continued to exist,
ana he Union remained tnbroken. In
MASSACHUSETTS,, Indiana; Pennsylvania, New
Jersey and New York, at different periods
m our history violent and armed opposi-
ZION TO the United States was commenced
on, but the relations of these States with
the FEDERAL government were not supposed
to be interrupted VI changed after the re-
peiiious portions # the population were
defeated and put down. "
1t is true that in these earlier cases there
was no formal expression of determine
ton to withdraw from tie Union. but if is
| also true that i'll the Southern States the
ordinance of secession was treated Inv all
the friends OF the Union as mere utilities,
and are now acknowledged II be SO by the
States themselves If we admit that thew
had any force or validity, or that thty did
i'll fact take the States in whichthey we're
passed out of the Union; we SWEEP, from
under our feet all the grounds upoi. which
we stand in justifying the use of the fede-
raj force to maintain the integrity &C the
government.
This Is bill passed by Congress in time
OF peace, There is not in any one of tae
States brought under its operation either
war OF Instruction. The laws of the
State and Of the federal government are in
undistnrbed and harmonious operation
Inc courts, State and federal, are open and
IN the full exercise Of their proper author
ity; over every State comprised in the five
military districts, life, liberty and happi-
ness are secured by State 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 an
nounces that il is intended for the efficient
government of these ten States. 1t is re-
cited-by way of preamble that no legal
State government, nor adequate protection
for life or property exists in those States,
and that peace and good order should thus
be enforced. The first thing that arrests
attention upon these recitals whichprepare
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 as preted.
Actual war, foreign invasion and domes-
tic insurrection, none of these had the eff
feet, and none of these in fact exist. 1t is
not even reeited that any sort of war OF
instruction is threatened. Let us pause
here to consider upon this question Of con-
stitutional law, and the power of Congress,
and the recent decision of the Supreme
Court Of the United States, in exparte,
Milligan. Twill first quote from the opin-
ion of the majority of court martial law,
that it cannot arise from threatened inva-
sion, the necessity must be actual and pres
ent, the invasion real, such as efectnally
close the courts and deposes tho civil au-
thorities.
We see that martial law comes in only
when actual war closes courts aud deposes
civil authority; that this bill in time OF
peace makes martial law operate as though
we were in actual war, and becomes the
cause, instead Of the consequence of the
labnegation of civil authority. One more
qualification. 1t follows from what has
been said on this subject that there are
occasions when martial law can be proper.
ly applied; if in foreign invasion our civil
courts are actually closed, and it is impos-
sible to administer justice according to law,
then, on the theatre of military operations.
Where war really prevails there is ne
cessity to furnish a substitute for the civil
authority thus overthrown, to preserve the
safety Of the army and society, and as no
power is left but the militia, it is allowed
to govern by martial rule until the laws
can have their free course. now quote
from the opinion of the minority of the
court delivered by Chief Justice Chase
I've by ao rileahs assert that Congress can
establish and apply the laws Of war where
no war has been declared or exists; where
peace exists, the law of peace must pre-
vail" This is sufficiently explicit.
Peace exists in all the territories towhich
this bill applies 1t assert, a power in Con
gress--in time of peace, to set aside the
laws of peace and substitute the laws OF
war. The minority. concurring with the
majority, declares that Congress does not
possess that power. Again, and, ifpossible
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
exercised both in peaceand in war, another
to be exercised in time of foreign without
the boundaries of the United States, or in
time of rebellion and civil war within
the States of the district occupied by rebels
treated as belligerents; and o third to be
exercised in time of an invasion OF insur.
rection within the limits of the States
maintaining adhesion to the national gov.
ernment when public danger requires its
exercise. ~
The first of these may be called jurisdic.
ton under military law, and is found in
acts of Congress prescribing rules and ar.
ticles of war or otherwise providing for the
national forces. lfai
The second may be distinguished as a
military government, superscding, as far as
may be deemed expedient, local law, and
exercised by a military commander under
the direction of the President, with tho ex-
press or implied sanction of Congress.
The third may be denominated martial
law proper, and is called into action by
Congress, or temporarily, when the action
of Congress cannot be invited, and in case
of justifying or existing peril BY the Presi-
dent in times of insurrection or invasion of
civil or foreign war in districts or localities
when ordinary Jaw no longer adequately
insures public safety.
1t will be observed, then, that Of the
three kinds Of military jurisdiction which
can be exercised under our Constitution
there is but one that can prevail in time Of
peace and that is the code OF laws enacted
by Congress for the government of the
national foeces; that the body of the mill
tary law had 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 govern
ment of military law, for that applies only
to the soldier, and not the citizen, while
contrawise, the military law provided by
this bill applies only to the citizen and not
to ybe soldier I need nut say III the rpnrp.