Year: 1867

are Too magnanmous Just and humane 70 oppress ana
trample upon subjugated people, Dc not doubt that


army officers well entitled 70 ths kind OF conn-


dence as any other Of but the history Of the


that unresraped authority can be safely trusted


In human handR II Ia almost sure 70 be more or less


abused under any cIrcumssnoes ma LAS So s~sys ,e.


are sirsneers 70 their subjects and among them
Is the representatives Of distant power, and more


espeol,, n.ns1 G1en Govsrnnsnss closely rssmSlns bling
that here proposed have been fairly tried In


and e; :ss q s :ss ss h'i:
was tried in Ireland and. though FIRST tempered by
principles Of English law II gave birth TO cruees 90


ni s snsh armed s


win this power and sent them to the Southern depart
rcnts Of the republic The massacres, murders and
he pfssions Of the ables men in the most civilized
a,ctsty will attempt 70 do when wholly unrssrained
By kw. The lhsn q our race N every age,
and keep 1sns within the law because their own ex.
perence Of all mankind taught them that rulers could


Ss relied on h0ss Ss Ssss raa n nsy
pire has sometimes governed il with mild and pater
nal sway but the Kindness Of irresponsible deputy
Bswesn such master ma ne psss sunusssd to hs
domination there be nothing but efsSity He pun.
ishss them II they resist his authority ana they sub.
init 70 II he hates them for their servility


come now TO question which is II possible, still!
more important Have We the power TO estsbiish and
carry into S execution g measure Ike thisf answer
tuition and Il bound BY the lmtatisas which it
imposes This proposition Is perfectly cisar-thai no
or judicial, have any just powers excspt those
which derives through and exercises under the sssac
law Of the Union Outside Of the constitution ws have
no legal authority more than private citizens and within
Il We have only 50 much Is that Instrument gives us
This broad principle limits all our functions
ony sSs Citizens o. the Tned s..ss who az:
within the Union, but II shields every human being who
comes or Is brought under our Jurisdiction We have no
viyhe An nvla~ In onntnn Int
which the constitution says shall not do At ALL II.
therefore, the Southern States In truth out OF the


nUs
the success OF armies in crushing the opposition
which was made In some Of the States to the execution
Of the federal laws reduced those states and all their
people, he innocent we'll the guilty. TO the con-
dition Of vassalage, and gave US power over them
than this. Our victories subjected the Insurgents
TO legal obedience not to the yoke o an arbitrary despo
subjects he may deal with them according to his plea
sure because he had that power BEFORE bat when
still govern according law If insurrection should
take place in Of States against the authority Of
the state government and end 10 the overthrow Of those
where it was favored By part Or majority
wholly outawed and deprived of their representation
In the Legislaturey have always c0ntended that the
government Of the United States sovereign within
its constitutional sphere, that 1t executed its
laws like the States themselves, by applying
its coercive powers directly individuals and that
State and other The opposite doctrine Is the worst
heresy of those who advocated secession
agreed to without admitting that heresy TO be right
INVASION nsurrection, rebellion and domestic violence
were anticipated when the government was framed, and
the means Of repelling and suppressng them were
wisely provided for in the constitutions but 1t not
thought necessary that the States which they might
occur should be expelled from the Union Rebellions
which invariably suppressed, occurred prior to
that OF which these but the States
continued to exist and the Union remained unbroken
In Massachusetts,, in Pennsylvania, in Rhode Island
and in New York. different periods In history,
violent and armed opposition to the United States
carried but the relations Of those States with the
or changed thereby after the robeous portions Of their
population defeated and put down. II IS true that
" dserninat,nn to w;thdraw from the Tn,on Snt Il s
also true that in the Southern States the ordinances Of
secession treated by all the friends Of the Union
mere nuties, and are now acknowledged to be SO by
the States themselves II admit that they had any
force validity that they did in fact take tho States
from under our all the grounds upon winch stand
in justfyng the Of federal force maintain the in


This is a bill passed by Congress- in time OF peace
There not In any Of the States brought under Its
operation either war or insurrection tho laws OF the
and harmonious operation the courts State and federal
open and In lie full exercise of their proper author
distrcts M liberty and property are secured by state
laws federal laws, and the national consultation
them is the ground on which this bill proceeds The tile
Of the bill announces that II Is Intended for tho
efficient government Of these ten States.
1t Is recited, by way Of preamble, that no loyal
state governments nor adequate protection for life
or property exist in States and that peace
good order should thus be enforced. The frst thing
that arrests attention upon these recals which
the way for martial Law Is ths-that the only founda
tion upon which martial law exist under our form
OF government ID not stated much as pretended
Actual war; foreign Invasion, domestic nsuueciiOn-
OF these appear, and OF these, in fact
IL not even rected that any sort OF war or nsurrec
tion Is threatened.


Let US pause hero to consider upon this question Of
constitutional Law and the power OF Congress, recent
decision Of the Supreme Court OF the United States 10
pdre Mlligan. will first quote from the opinion Of
the majority OF the Court" For martial law cannot
arise from threatened invasion. The necessity
BE- actual and present, the invasion real such as
eectuay closes the courts and deposcs the civil admin
istration" We that marital law In only when
actual closes the courts and deposes the civil
thority But this bill, in time of peace makes martial
law operate as though we were in actual and be-
CATION OF civil authority. One question eft fol-
lows from what has been said this subject that there
are occasions when martial law can be properly applied
closed, and II Is impossible administer criminal Justice
according to law then on the theatre Of active military
operations, where war really prevails there
sy to furnish substitute for the civil authority thus
overthrown to preserve the safety Of the army and
cie,y, 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" now quote trom the opinion
Of the minority Of the court delivered by Chief Justice





tablish and apply the laws OF war where no war has
been declared where peace exists the laws of
peace must preval.n This s sufficiently expct-that
peace in all the territory TO which this bill applies
II power In Congress In time OF peace TO set
aside laws Of peace and TO substitute the laws OF
The minority, concurrng with the majority, de-
that Congress does possess that power Again.
and II possible more emphacally, the Chief Justice
with remarkable cearness and condensation sums up
the whole matter follows


There under the constitution three Kinds Of military
jursdconone to be exercised both In peace and Ia war;
another 70 be exercised time Of foreign war without the
boundaries OF the United States or n time OF rebellion and
civil war within states districts occupied b rebels treated
bell gerents and third TO be exercised In time OF IN
vason insurrecon within the limits Of the United States,
during rebellion within the limits OF the States maintain


ing adhesion TO the national goyernment when the public
danger requires ts The OF these may be
called Jurisdiction under military law. and is found
in acts Of Congrcss prescribing rules and ar
tces Of war, or otherwise providing for the gov
ernment of the national forces The second may he
distinguished military supersedng ss far m


may deemed expedent the local law and exercised by


the military under the direction OF the Presi
dent with the implied sanction OF Congress
while the third be denomnated martial law proper ana
h called INTO action BY Congress- or temporar when ine
action OF Congress cannot be invited and In the case OF
justfyng or ereusng peril BY the Presidents IN times o.


nsurrection nvason, OF civil foreign within dif


rcts localities where ordinary law longer adequately