Year: 1867

inc the credentials. BY this means, Con.
gress has taken possession of the govern
ment, and under the dictaton Of a com
mittee, whose sessions have been held in
secret, has set aside some of the most
important and salutary provisions of the
/ constitution, and even menaced with its
power the independent action of the il
/ dietary


The legislation of the Thirty Ninth
! Congress was, to large extent, series
of usurpations and iniractions Of the con-
stitution, commencing with propositions
TO enforce amendments of that instru
ment, in the inception of which nearly
onet third of the States, and fully one
third of the people, had no voice, and
eventu,.ting in placing that people in Q
time Of profound peace under military
domination.


The bill to establish military govern
ments over the ten southern States, and
which assumes to annul the State and
municipal governments and the legal trib-
unals of that portion of our country, has
justly alarmed the apprehensions of con-
siderate and rejecting citizens. 1t is in
effect establishing martial law over those
States. But whence does Congress de-
rive the power to subject any portion OF
the citizens of the United States to mar
tial law? Martial law is not military law
1t embraces the citizens as well as the
soldier 1t is the substitution Of the will
Of the commanding officer in an enemy S
country in time of war for the municipal
law which previously prevailed. 1t is a
creature of necessity, and exists only
where no municipal law is in force, or
where the success of military operations
renders its suspension for the time being
necessary. The deliberate enactment o.
martial law by legislature is solecism.
For a legislature has time and opportun
ity to enact municipal laws to be admin
istered by civil tribunals in conformity to
the constitution or organic law. Con
gress has no power not granted to it by
the constitution, and martial law is some
thing wholly without the constitution,
existing only by the absence of law. 1t
has no more power under the constitu-
ton to establish military governments in
the southern States than to institute all
order of nobility in New England.


Within the last month it has been au-
thoritatively declared by the Lord Chief
Justice of England, in notable case,
that the power to establish martial law
has never belonged to the British Crown,
under any circumstances, and whether in
the colonies or at home; and that ait
never should be forgotten that whatever
might be the charge of which man might
be accused, though he might be rebel
and the worst traitor that was ever
brought to the block, yet; until he was
convicted and until his life was taken, he
was still British subject entitled when
tried to those safeguards which were OF
the essence Of Justice y


1t is strange indeed that this power, SO
extraordinary that no British sovereign
ever dared to claim it as prerogative OF
his crown, can be supposed to reside in
the constitution ola republic, established
by people who revolted against Great
Britain that they might better secure their
liberties by the safeguards of written
constitution with limited and well defined
powers.


But the equal consequences of this leg
islaton do not stop with the establish
mcnt Of martial law. Congress has as.
sumcd that power only for the purpose
Of more thoroughly accomplishing the
subversion Of military authority. BY the
military arm it has not only stricken
down all local civil government in those
States, but, by its aid, it determines who
shall, and who shall not, participate il
forming the governments that be allowed
to them for the regulation of their loca
concerns. 1t assumes the power to dis.
franchise the white inhabitants of those
States and enfranchise the black-thus
condemning without conviction or trial
large portion of their intelligent popu
lation, and placing the political power in
the hands of those who have never par
ticipatcd in the affairs of government
and large majority ofwhom cannot read
i,nn ballots they are authorized to cast
This ;s MT reconstruction. 1t is not a
measure of peace, hut measure Of war
Local self.governmcnt is tic very corner
stone of our republican fabric. All stable
governments recognize its power as q
mere principle Of governmental policy
For republic to discard it is suicidal.


1t must be borne in mind that when
these extraordinary powers were assum'
ed by Congress, our armies had been
withdrawn and disbandcd. Peace: had
been proclaimed Congress itself had
acknowledged the suppression of the re-
bellion by public act All departments
Of government State and national, were
peacefully and without obstruction cXer.
cising their functions in those States
The people were adapting themselves
with unanimty and good feeling, and
with remarkable order, TO the changed
social condition which followed the abo
lition of slavery and the disfranchisc
ment Of their armies.