The southern enterprise. [volume] (Greenville, S.C.) 1854-1870, 1867-03-14
GREENymLE, SOUTH CAROLINA. MARCH d. 1867

10" Sou w P'oPoiiy apPheu. IL III ioT'
eign invasion or civil war the courts are
actually closed, and it is impossible to
administer criminal justice according to
law, then, on the theatre Of active mill
tary operations, where war really pre-
walls, there is necessity 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 military, it is allowed to
govern by MARTA! rule until The laws
can have their free course"
l now quote from the opinion of the au-
thority Of the Court, delivered by Chief
Justice Chase: 1--WE by no means as
sert that Congress can establish and ap.
ply the laws of war where no war has
been declared or exists. Where peace
exists, the laws Of peace must prevail"
This is sufficiently explicit. Peace ex>
lists in all the territory to which this Bill
applies. 1t asserts power in Congress,
in time Of peace, to set aside the laws OF
peace and substitute the laws Of war;
The minority, copcurring with the ma.
jority, declare that Congress does not
possess that power. Again, and, If
possible, more EN- phatically, the Chief
Justice, with remarkable clearuess and
condensation, sums up the whole matter
as follows:
There are under the Constitution
three kinds Of military juri<diction-one
TO be exercised both in peace and war :;
another TO be exercised in time of for.
eign war without the boundaries Of the
United States, or in time Of rebellion
and civil war within States or districts
occupied by rebels treated as bellger-
ents; and third to be exercised in
time of invasion or insurrection within
the limits of the United States, or dur
ing rebellion within in the limits of the
States maintaining adhesion to the Ma
tional Government, when the public
danger requires its exercise. The first
of these may be called jurisdiction un-
der MILITARY LAW, and is found in
Acts of Congress prescribing rules and
articles Of war, or otherwise providing
for the government Of the national forces;
the second may be distinguished as
MILITARY GOVERNMENT, superseding,
AS far as may be deemed expedient, the
local law, and exercised by the military
commander under the direction Of the
President, with the express or implied
sanction of Congress while the third
may be denominated MARTIAL LAW
PRorER, and is called into action by
Congress, or temporarily, when the ac-
tion OF Congress cannot be invited, and
in the case Of juslifying or excusing pc.
ril, by the President, in times Of insur-
rection or invasion or Of civil or foreign
war, within districts or localities where
ordinary law no longer adequately Sc
cures 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 Con-
stitution, there is but one that can pre-
vail in time of peace, and that is the
code of laws enacted by Congress for the
government of the national forces -
That body of military law has no appli
cation TO the citizens, nor even to the
citizen soldier enrolled in the militia in
time Of peace. But this Bill is not a
part of that sort of military law, for that
applies only to the soldier and not to
the citizen, whilst, contrariwise, The mil
itary law provided by this Bill applies
onl ly to the citizen and not 10 the sol>
dier.
need not say to the Representatives
of the American people that their Con.
stliutlon forbidS the exercise Of judical
power in any way but one-that is by
the ordained and established courts. 1t
is equally well known that in all Grim.
inal cases trial by jury is made indis-
pensable by the express words Of that
instrument. will not enlarge on the
inestimable value Of the right thus se-
cured to every freeman, or speak of the
danger to the public liberty in all parts
Of the country which must ensue from
a denial Of it anywhere or upon any
pretence. A very recent decision Of the
Supreme Court has traced history, vim
dica:ed the dignity, and made known
the value Of this great privilege SO clear
iy that nothing more is needed. To
what exten: a violation of it might be
excused in time Of war or public danger
may admit of discussion, but we are
providing now for a time of profound
peace, where there is not an armed sol.
dier within our borders except those who
are ia the service OF the Government
1t is in such a condition Of things that
an Act Of Congress is proposed which,
it carried ont, would deny trial by the
lawful Courts and juries to nine ilionS
of American citizens, and to their pos
teritv for an indefinite period. 1t seems
to be scarcely possible that any one
should seriously believe this consistent
with Constitution which declares, in
simple, plain, and unambignous Ian.