Year: 1867

outlawed nor deprived of representation
in the State Legislature. The Govern
nent of the United States is sovereign
within its constitutional sphere and exc
cutes its laws, like the States them
selves, upon the individuals offending,
and it could put down insurrection with
the same effect as State. The opposite
doctrine is the heresy Of secession
Heretofore in our history rebellions
against the Government have occurred
They have been suppressed, the States
in which they arose have main
tanned their relations to the
Government and the Union has re,
mained unbroken. In Massachusetts,,
Pennsylvania, Rhode Island, and New
York, instructions have occurred at
different periods of our history, and
their suppression has been followed by
change in the relations of those States
to the Federal Government. 1t is trEe
that in these earlier cases there was nc
formal expression of purpose to with
draw from the Union, but it is also true
that the so-ealled secession ordinances
of the South, were always claimed to
be and are acknowledged to have been
nullities.


"If we admit that they had any force
or validity, or that they did in fact take
the States in which they were passed
out of the Union, we sweep from under
our feet all the grounds upon which we
stand in justifying the use of Federal
force to maintain the integrity OF the
Government"


THE GROUND OF THE BILL.


What, then, is the ground on which
this bill proceedsi The title of the bill
announces that it Is intended for the
more efficient government Of these
ten States. 1t is recited by way OF
preamble that no legal State Govern
ments, nor adequate protection for life
or property exist in those states, ana
that peace and good order should thus
be enforced in them. The first thing
that arrests the attention upon reading
these recitals, which prepare the way
for martial law, is this, that the only
foundation on which martial law
can exist under our form OF
Government is not stated, or so much
as pretended. Actual war, foreign in
yasion, domestic insurrection, none OF
these affect, and none Of these In TACT
exist. 1t is not even recitcd that any
sort of war or insurrection is threat
ened.


The majority and minority opinions
of the Supreme Court in er parte MIL
LIGAN show clearly that Congress can
neither establish nor apply the laws of
war where no war exists. When peace
exists, tn laws of peace must prevail.
On the other hand, this bill asserss a
power in Congress in time of peace and
the laws of war in spitelof
the declaration of the Court thai Con-
gress has no such power.


TRIAL BY JURY.


Referring to the substitution of mill
tary courts for the trial by jury, Mr..
JOHNSON declares that in all criminal
cases trial by jury is made indispen-
sable by the express words of the Con-
stitution. To what extent violation
of the Constitution may "be excused III
time of war or public danger may ad-
nit of discussion; but we are providing
now for time ofprofound peace, when
there is not an armed soldier within
our borders except those who are In
service of the Government. 1t Is III
such a condition that an act of Congress
is proposed which, if carried out, would
deny trial by lawful court and Jnrles
TO nine millions Of American citizens,
and to their posterity for an indefinite
period. 1t seems to be scarcely possl-
BILE that any one should believe this
consistent with Constitution which
declares, in simple, plain and unambig,
uous language, that all persons shall
have that right, and that no person
shall ever in any case be deprived OF IL.
OTHER FEATURES OF THE BILL.


The Constitution also forbids the ar
rest of a citizen without a judicial war
rant founded on probable cause. This
bill authorizes arrest without warrant,
at the pleasure Of military command
or. The Constitution declares that no
person shall be held to answer for cap
ital or otherwise infamous crime, unless
on presentment by Grand Jury. This
bill holds every person not soldier
Fanswerable for all crimes and all charges
without any presentment. The Constl-
tuition declares that no person shall be
deprived of life, liberty or property
without due process of law. This bill
sets aside all process of law, and makes
the citizen answerable in his person
and property to the will of one man,
and in his life to the will of two.


Finally, the c Constitution declares that
the privilege of the writ of hdbeas corpus
shall not be suspended unless when in
case of rebellion or invasion the public
safety may require it, whereas this bill
declares martial law, which of itself
suspends this great writ, in time OF
peace, and authorizes the military to
max 3 the arrest, and gives to the pris-
oner only one privilege, 'and that is
trial without unnecessary delay. lie
has no hope of release from custody, ex-
cent the hope, such as it is, of release
by acquittal before military commits
sion.


The United States are bound to guar
antee to each State Republican form
of government. Can it be pretended
that this obligation is not palpa6ly
broken If we carry ont n measure ike
this, which wipes away every vestlge oi
republican government in ten States,
and puts the life property, liberty and
honor of all the people in each OF them
under the domination of single per:
son clothed with unlimited authority
The Parliament Of England, exercising
the omnipotent power which it claimed,
and which was accustomed to pass bills
of attainder-that is to say, it would
convict men of treason and other crimes
by legislative enactment-the person
accused had hearing, sometimes pa
tient and fair one, but generally party
prejudice prevailed instead of justice
The fathers Of our country were deter.
mined that no such thing should occur
here. They withheld the power from
Congress, and thus forbade. its exercise
by that body; and they provided in the
Constitution that no State should pass
apy bill of attainder. 1t is, therefore,
I @l,,a ~