The Lincoln County herald., 1871-05-18
Shall the Sword Suppress the Civil Law!

Shall the Sword Suppress the Civil Law!
Uuder this head the Chicago Tribune,
one Of the most influential Republican
papers in the Uuion, makes o strong
protest against the military dcspotism
bill. 1t says:
Popular governments cannot be main.
tsined BY the sword. Instructions, re-
belIions, disorders, and personal viola
tiOns Of law may bo suppressed by the
vigorous application Of military force,
but the real strength aud defenco Of
popular government is the law which is
enforced by popular sentiment The
very theory upon which free govern.
nen:s rest is, that they exist by the con
sent Of the governed.
The American people, in forming their
government, substituted popular repre-.
scntation and the right. under certain
restrictions, to change the Constitution
at their pleasure, in the place of forcible
revolution but nowhere have they ever
abandoned the principle that the gov.
crnment is one Of law, and that force was
only to be used in aid of law, to execute
it, not tot to destroy it. When the time
shall come that government Of law
shall be done away with when Briga.
der General shall DO installed az the
maker Of law, and his Quartermaster,
Paymaster, and Commissary shall beco me
the supreme judiciary of each State; and
Colonels, Majors, and Captains shall ex Z.
srcise the functions Of civil officers, and
sergeants and corporals shall be the
sheriffs and police whom the writ Of
AaLeas corpus shall be prohibited, the
trial BY jury abolished: when the laws
shall be found iu general orders" instead
Of the statute book, and the only form
Of justice shall DO tho proceedings of
courts marshal .then popular govern
ment may be said to have ceased, aud
the desPptisrn Of the bayouet erected 10
Ns place.
"Have the American people so retro
graded in Intelligence and respect fos the
law, that il 10 necessary to set sside the
8 Constitution aud the statute book, the
executive, judicial, and municipal officers
Of The people, and TO provide that the
President. at any moment, upon bis own
motion, and at his own discretion, may
enter any State. declare msrtiai law,
suspend CIVIL authority, and make mil.
hsry commander solo arbiter iu all mat.
tsrs Of, life, property, and liberty2 Has
popular go"ernnest 90 fas proved q
hilure thaty ip the most profound pesoe
when there is not N all the bYosd land an
organized force opposing the Federal laws
or questioning Federal authority, the
Congress Of the United Slater should
provide for = military despotism to take
the place Of the government CHOSEN BY
tho popalss will, and existing By sthe
& popr'Sr eonseatf What is there in the
condition OF ths State Of Illinois which
justi6os tho suspicion of suehs terrible
% anarchy, and warrants the Substitution
ef armed force for the civil lawP Ye,
both ,h0usss off, Congress have passed
inst suoboa shAl, and only divided % Il
some of thsi details. Both houses hsv,
agreed to place 10 tho hands OF IN,
Presidsst fkis sns1anp pied power, wholly
uavarsspted' By the Csnstitution, anc
ouly defsBsibls upon the plea that fre,
n governments is . fsiiu~e, that populal
iutelligsncoJ has been perverted ant
. that 10 the army 10 to be committed
e the task oflsverting general anarchy"
. Cd. uHLf