The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-04-18
R.marL. 81 mr.. Eldrldg,; on the ..1ku

laThe oharacterS' of this Legislation is
thus pithily and d'spiritsdIy stated bt the
Democratic member f9Sm 1llinois:S}
..How is itSthat the masses, having
just calmed and settled down after The
most terrific aud sangninary struggle tie
world ever witnessed, are again to be
!aehed into passion aud fury? Sir, the, 9
is another declaration Of war; yes, sir,
declare it on my responsibility as Rep.
reaantative Of this House. This bill
t is bill now before this Housc-is itself
declaration OF war. charge it here
aud 3now. It is, it, can be understood
only as declaration Of war; declarl-
tion Of war by the Federal Government
upon tue States and the State govern
nents; II declaration Of war by the Re
publican purity, tic minions of the Fede
rnl power, IN the interest of that party,
,gninst tho people Of the several States |!
That it is revolutionary and wnriike
measure, is too plain for denial. Gen
tlemen may expluin it, pailintc it, and
apologize for it us they will, rs they hive
done, It's provisions cannot he 1nisundor-
stood. The prctence Of crime, murder,
pillngc, outrage in localities, will not do.
These nrc matters within the Jurisdiction
OF the States. 10 punish thesc, to sup
press these, to dispose Of thoso porsoun
who commit these ontrnges, is matter
OF State authority, belonging tn tue
Suites before the Union was formed and
never surrendered TO the Federal Go
verument. Gentlemen pretend Tint the
power is to be found Or implied ia the
fact that the citizen has rights, immuni-
| ties aud privileges. under the Constitu-
ton Of tue United States. If these
rights, privileges aud imtnunities arc in
teifcred with, or infringed upon, Con-
gress may provide redress. BY what All.
thorlty, by wlnt law warrant are the
States to be deprived Of this jnrisdic-
| tion? Under whit Federal charter cnn
the jurisdiction of the Suites in cases OF
assault and bnttery, and the whole body
OF crimes, DO tnkcn from them? The
States themselves huve never Abandoned,
surrendered or granted it away. Under
this pretence the States Of this Union
are to be abolished, their most sacred
rights aud jurisdiction to protect tho life,
liberty aud property of their citizens nre
to be tnlxen away. It is monstrous! 1t
is absolutely atrocious! I repent it, sir,
it is absolutely declaration of war, aud
nothing else can be made of it. 'The
President of the United States is author
lied to take snch measures as he may
deem necessary by the employment OF
the militia and the land aud the naval
forces He may declare martial law
Martial law! What is it? Gentlemen
tell us there has been a great deal OF
cheap rhetoric spent on this term maj :
| tial law It is Il misnomer, sir. There
is II such thing as martial law. Murtal
| law is no law. It is martial power: it
is war; it is the war power. It Is the will
OF him who happens ut the moment to
be in command. It silences law nnd
speaks because Of its silence. 1t drives
away tho civil law. They canuot exist
together. The one excludes the other
and takes it's place. 1t is force; it ia
physical force; 1t is the force of arms; it
ls wnr. It pleads necessity and inangu-
rates despotism. It's miidest rnle is
tyranny. Disguise it us you will, the
President is authorized by this bill to
declare war. Of what avail is the
htbeas corpus in the presence of martial
Iaw-of martial power? There is no
civil law and no civil administration.
Arc VIC. sir, to trust this great power in
the hands Of one mnn? Some gonllr-
man has snid that God never made man
in whose hands we conld trust this 10 wer.
Sir, if Gen. Grant were the srentest man
| III tuc " nNcu OlaLtSp hHu 40 not thlNk
he is; if he were the wisestnnd best man
i'll the United States, and I do not think
he is; if lie were the pnreNt pnlriot in
tue world, and do not think lie is; if
lie were as pure in heart, as Just in feel
lug, as mngnanimous in mind, ns forgiv-
ing i'll spirit, as tho gentleman from In
diana. MIR. Shanks.) or the gentleman
from Massachusetts, (Mr. ButIer( and
certainly think lie is. would not trust
him with that power. Sir. it is of some
interest for us to know in whose hands
power is pluced; but ,he power proposed
10y this bill should, in my Judgment,
never bs conferred upon any one. Mr.
Speaker, the qniet and order Of the peo-
Pile Of the Southern States since the war
ended is the wonder Of the world His.
tory furnishes no parallel. They havo
consented aud submitted to all that has
been required OF them by the conqueror,
even to be ruled in some OF the States by
their former sinvcs. They have done oil
this in the vain expectation that they
would be met ;n tho same spirit Of for.
benrunce. They have not been so met.
and to this fnct 1 attribute most of the
troubles that now exist. Tho remedy,
| in my Judgment, is amnesty: full. free