The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1869-06-17

1
| department or Office thereof. The power 70
declare war undoubtedly includes not only
| the power TO commence war, but TO recog-
niZe Its existence when commenced BY
others. to declare that there Is a war, and
thereupon to make provision for waging
war, TO determine, so tar as the nation can
assert and force its will, how long the war
shall continue, and when peace is restored.
The Constitution has made no provision in
/ terms for rebellion of that magnitude
which has occurred, involving the destruc-
ton of all the Legitimate and constitutional
government in whole States of the Union,
and involving war between those States
and the National Government. But the
Constitution IL frame of government, and
clearly implies the endowment of that gov
eminent with all powers necessary TO main
/ tain its own existence and the Vindication
OF It's authority within the scope of its ap-
! propriate functions When war was waged
upon the United States by States of the
Union. as organized communities, Cong ress
could and must recognize the existence of
that war, aud apply itself by the mems be-
longing to war to the Yindication of the
national authority, the preservation of the
national territory and the restoration of a
republican government Under the national
constitution in each of the rebelliOus States,
as was said by the Supreme Court in the
prize cases. 2 Black. ID. 673. It is a promo
sition never doubted that the belligerent
party, who claims to be sovereign, may ex-
ercise both belligerent and sovereign rights
The territory possessed by the rebels might
lawfully and constitutionally be treated by
the United States as enemies territory in the
language of the court in the same case and
persons residing within this territory whose
property may be used to increase the reve-
nues of the hostile power are In this contest
liable to be treated as enemies, though not
| foreigners. They have lost their allegiance
and made war on their government and are
none the less enemies because they are
traitors. Where all lawful governments
have been extinguished by the REBELLION on
! the theater ofactive military operation, where
war really prevailed there is a necessity to
furnish 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 IL is allowed to govern
by martial rule until the laws can have their
free course. The right to govern by mill
tary law under such circumstances was fully
conceded in the opinion of tile Supreme
Court of the Cnited States in ear p0Tte Mi Ii
gan; Wall, 1N. The test is there suggest
ed that the right to govern by military
power depends apon the fact that the courts
are actually closed. and that il is impo- sible
to administer criminal justice according to
law. But while the war continues, although
military over may be the only government
in territory held by force of arms, the mill
tary commander may make use of such local
tribunals as he may find it convenient to
employ in subsection to his paramount au-
thority. 1t then remains o conSider-FirSt
NnGLDeG tue DJdJc Vi 4tAttS HIS Deen.
the rebellion, so deprived of all constitu-
tional and lawful government as State, and
so in armed hostility to the government OF
the United States, as to be subject to mill
tary law when the possession of her terri
tory was regained by the military of the
United States; and, secondly, whether the
right to hold and govern the State by mill
tary power is terminated? To the first ques-
ton there can be but one answer. In the
language of Chief Justice Chase, in Texas
White at nj 1pci6A1 al tho
OF the Supreme Court. mo one has been
bold enough to contend that while Texas
has been controlled by a government hostile
to the United States and in utilization with
hostile confederation wagiDg war upon the
United States Senators chosen by her Legis-
lature or Representatives elected by her
citizens were entitled to seats in Congress,
or that any suits instituted in her name were
entertained in this court. All admit that
during this condition OF civil war the right
of the State, member and of her people.
as citizens of the Union, were suspended
The government and citizens of the Stat e.
refusing to recognize their constitutional
obligations, assumed the character of ene-
mics and incurred the consequences of re-
bellion.s
The second question is one of more inn
pOrtance and difficulty. Having suppressed
the rebellion.so far as it was maintained by
an armed force, it became the duty of Con-
gress to re-establish the broken relations of
the State with the Union; and the same au-
tority which recognized the existence ofthe
war is, in my Judgment, the only authority
having the constitutional right to determine
when for all purposes the war has ceased.
The rights of war do not necessarily termi-
nate with the cessation of actual hostilities.
] can have no doubt that it is competent for
the nation to retain the territory and the
people. who have once assumed hostile and
behgerent character, within toe grasp OF
war until the act of restoring the relations
OF peace can be accomplished, and that it is
tor Congress, the department. of the national
government to which the power to declare
is intrusted by the Constikion, TO determine
when the war has so far ended that this
work can be safely and successfully compile
ted. The act of Congress of March 2 1S67.is,
in my opinion, legislative declaration that
in Texas the war which sprang from the re-
beliion is not to all intents and purposes,
ended, and t. at it shall be Deld to continue
until, in conformity, with the legislative
will, State gOvernment,republican in form
and subordinate to the Constitution and laws
OF the United States, for which the act makes
provision, shall have been re- established.
1t is true that in several acts of Congress the
suppression OF the rebellion and the end of
the war have, in express terms or by impli-
cation, been recognized but it will be found
on examination. tina, these phrases have
been used in regard to special subjects,
which does not seem to me Inconsistent with
the proposition, that for some purposes the
rights OF war are not ended, while in respect
10 Caplufeu anu aDdnuOneu property Il iluli-
tatiOn to the right to commence suits in the
Court of Claims, dating from the end of the
rebellion, has been fixed by statute, and for
the purpose of settling the question of the
pay of officers in the volunteer army. The
date of the Presidents proclamation. declar-
ing the instruction at an end, mas been
adopted to interpret the precise ''close OF the
war" 1t does not seem to be inconsistent
with either of these enactments that Con-
gress should delare that the States whose
lest veal
should continue under military authority
until such governments could be restored.
Every act of Congress is presumed to be
constitutional unless the contrary plainly
appears. it is to be also presumed Congress
will provide for the restoration through con-
stitutional governments of the rebelllous
States speedily as in its Judgment public
safety will allow; but until civil authority
is restored, and the rights of persons and
property can be protected IN the region
which has been the theatre OF war by or
gauized governments, the direction by Con-
gress to employ military force TO give that
protection and preserve the peace. would
seem to be the only alternative with anar-
chy-
1t appears by the papers submitted that
the trial of Weaver before the military COM
mission was fairly and carefully conducted
and that the murder of which he was con-
victed, was wanton and cruel A freedman
who had been at work for Weaver, and had
chosen to leave his employment to go and
work for another man, went to him in the
field, near his house, in the morning, to ask
for the wages that were due him. Weaver
seized an ox-bow and beat him severely with
that. He then sent his hired man to his
house for a double-barreled gun loaded with
buckshot, and, on his return with it, shot
the freedman through the head, killing him
Instantly. There appears TO have been nei-
ther provocatiOn nor resistance. This afro
ciOus act was committed in the sight of the
wife of the man murdered who stood by
her own door. The finding of the commits
sion has been approved by the military COM
mander, and has been certified to be regular
and proper by the Judge Advocate General.