The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1867-03-20

auirse It's exercise. The first Of these may
lie called jurisdiction under Military Law,
and is found in acts Of Congress prescrlb-
ing rules and articles OF war, or otherwise,
providing for the government Of The nation,
al iorces the second may be distinguished
as Militrry Government, snperseding, as lar
as may be deemed expedient. the local law,
and exercised by the military commander
under the direction OF the President, win
the express or implied sanction of Con-
gress while the third may be denomlnat-
ed Martial Law Proper, and Is called into
action by Congress Or temporarily, whsn
the action OF Congress cannot be invited,
ard in the case Of justlfying or excuslng
peril, by the President, IN tines vi insur-
rec ION or invasion or uf civil or foreign
war. within districts or localities where or.
dlnary law no longer adequately secures
public safety aud private rights.
Ii will be observed that Of the three KINDS
Of military jurisdiction which can be exer-
c,sel o. created under our Constitution,
there is but one that can prevail IN time oi
peace, aud that is the cude oil laws enacted
/ uy Congress Tor the government OF the lla-
l lIonal lorces. That body oi military law
has no application to the citizen, nor even
Il IL lie citizen soldier enrolled IN the mill
ia in time ol peace. But this bill = not
part ol that sort Of military law. lor that
applies only 10 the soldier and not to The
sltlZcG, whilst, cuntraiiaise, The military
iaM provided BY TIL. bill applies only y the
citizen aud not 10 the sudler.
| need mol say to The representatives oi
the American people that their Consttu-
ilvn lvrbids the exercise ol judicial power
in any way but one-that Is by The ordaln-
sd aud established courts. liz y equally
we'll known that ln all criminal cases trl-
III by Jury is made indispensable by The ex-
press words of that instrument. VIII not
snarge on the iueslimaUIe value Of the
right thus secured 10 every freeman, OF
speak Of the danger 10 public liberty IN all
pats Of the country which must ensae from
4 4 denial of It am where or upon any pre-
tense. A very recent declsIon VI The Su-
prgme Court has traced the history, slndl.
Gated the dignity, and made known The va
lue ui this great privilege 80 clearly that
|. nothing more j. needed. 10 what extent
i violation of IL might be excused 10 time
ot war or public danger may admit 81 dis
cusslun, but We are providing now lor =
time ut profound peace. where there ! no'
an armed soldier within our borders except
. ihuse who are IN the service ot the Govern.
men,. Ii i in such condition ot thins'
that au act ot Congress IS proposed which
ii carried cut, would deny trial BY ths
lawful courts and jurles 10 nine millions p
American citizens. aud 70 their poslerit,
/ lOr IN lndefnite periud.
, Ii seems TO be scarcely possible that an,
: one should seriously believe this consistent
with q Constitution which declares IN sim
pie, PLAIN aud unambguoss language, tha
!. all persons shall have that right, and TIA
no person shall ever in any case be deprlv
: Ell OF Il. The Constitution also torbids th'
: arrest Of the citizen without judicial war
i rants, founded on probable cause. I'M
, bill authorizes an arrest without warrant
I, al the pleasure OF military commander
!. The Constitution declares that .nu persoi
! shall be held 10 answer Tor capital Of 9th
.rwise infamous crime unless on present
!. ment BY grand jury THIS bill hold
i every person, not soldier, answerable ~
) All cr,mes and III charges without any pre-
/. .en,ment. The ConsututiUn declares tha
l. mo person shall be deprived ot lIle, llOer
e " Or property. without due process ol law.
This ulli sets aside all process of law, an
q makes The citizen answerable ~ his perso
1 and property 10 the will Of one man, an
i as 10 his lie 10 the will OF two. Finally
Al the Constitution OF The United States DC
ii clares that "lhe privilege OF the writ
in habeas corpus shall not be suspended vi
/. less when, in case 81 rebellion OF Invasion
+. The public safety may require u J" wherea
IN this bill declares martial law, (Which 81 u
Or sell suspends this great wril,) in time 9
,e peace, and authorizes the military 70 mas
A. the arrest, and gives 70 the prisoner onl