The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-03-13


civil authority; but this bill, in time OF
peace, makes martial law operate as
though VIC were in actual war, and. be-
como the caase, instead Of the consequence,
of the abrogation of civil authority. One
more quotation "It follows, from what
has been said on this subject, that there
a.c occasions when martial law can be
properly applied. If, in foreign invasion
or civil war, the courts arc actually closed,
and it is impossible to administer criminal
justice according to law, then on the thea
tire of active military operations, where
war really prevails, tLcrc is u necessity to
furnish substitute for the civil authority,
thus overthrow, to preserve the safety of
the army and society, and as no power is
left but the military, it is allowed to gov
ern by martial rule until the laws can
have their free course"
I now quote from the opinion Of the
minority OF the court, delivered by Chief
Justice Chase: eve by no means assert
that Congress can establish and apply the
laws of war where no war has been dc.
clared or exists. Whre peace exists, the
laws of peace must prevail" This is suAi-
GENTLY explicit. Peace exists i'll all the
territory to which this bill applies. 1T as
serts a power in Congress, 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, if possible, more emphatically,
the Chief Justice, with remarkable clear
ness and condensation, sums up the whole
matter rs follows:
-aThcre are under the Constitution, three
kinds Of military jurisdiction-one to be
exercised both in peace and war another
to be exercised in time of foreign war
without the boundaries of the United
States, or in time of rebellion and civil
war within States or districts occupied by
rebels treated rs bclligcrcnts; and a third
to be exercised in time of invasion or in
surrcction within the limits OF the United
States, OF 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 under
Military Lar and is found in Acts Of Con-
gress prescribing rules and articles of war,
or otherwise providing for the govern
mcnt of the national forces the second
may be distinguished as Military Gorern-
nacnt, supcrscding, as far as may be deem
cd cxpedicnt, the local law, and exercised
by the military commander under the di-
rection of the President, with the express
IL - 1-1lila
the third may be dcnominated Marltdl
La'o Prope,', and Is called into action by
Congress; or temporarily, when the action
of Congress cannot be invited, and i'll the
case of justifying or escusing peril, by the
President, in times of instruction or inva-
sion, or Of civil or foreign war, within dis
tricts or localities where ordinary law 10
longer adequately secures public safety
and private rights"
1t will be observed that of the three
kinds of military jurisdiction which CAN be
exercised or created under our Constitu-
ton, there is but one that can prevail in
time of peace, and that Is the codc Of laws
enacted by Congress for the government
of the national forces. That body of mill
tary 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 Constitll
tion torbids the exercise otjudisial power
in any way but one-tlla5 is by the or
dainc,l and established courts. it is equally
we'll known that, in all criminal cases, Il
trial by jury is made indispensable by the
express words of that instrument l will
not enlarge Oh the incstimablc value of
the right thus secured to every freeman,
or speak of the danger Of public liberty,
in all parts of the country, which must
cnsuc from denial of itanywllcrc or upon
any prctencc. A very recent decision OF
the Supreme Court has traced thc History,
vindicatcl the dignity, and made known
the value of this great privilege 80 clearly,
that nothing moro is needed. 20 What
extent Il violation of it ni.Itlbc excused
in time OF war or public danger, may adj
nit of discussion, but VIC arc providing
now for time of profound peace, where
there is not IN armed soldier within our
borders, except those who are in the SER
vice of the Government. 1t is in such u
condition OF things that an Act of Con-
grcss is proposed, which, if carried out,
would deny u trial by the lawful courts
and iurics to nine millions of American
citizens, ans to their postcrity for an in
definite period. 1t seems to be scarcely
possible that any one shorlld seriously be-
lieve this consistent with Constitution
which declares, in simple, plain and unam-
biguous language, that all persons shall
have that right, and that no person shall
ever, in any case, be deprived Of it. The
;+.+;..,, q lca t.,rlails LLn arrcst OF tic