Year: 1867

I this free system Of Government. Sir, /
know these people have committed great
wrong in trying to break up this Union. i
have always opposed their attempt to with
draw from the Union. / have always de-
nounced secession. But sir, they failed In
o their mad attempt to overthrow the Union
Of these States, and have they not suffered,
Mr.. Speaker, as no people have ever suffer-
ed before? / believe they are now sincere
In their desire to continue In the Union and
to share the blessings and burdens Of a
common Government with us. Sir, II we
wish real Union we must treat them as
friends and not as enemies; we must have
confidence in them; and as we and our
children for generations TO come are to live
with them, and their descendants, L submit,
sir, that it is best for all of us and for the
peace and prosperity of this great country,
that we should live together as friends.


But such isnot the policy of the gentle
man from Pennsylvania. Can 1t be p0ssl-
BILE, Mr.. Speaker, that we have gone hack
six centuries in the history Of the world,
and are willing to strike down the great
principles of free government for which so
many struggles and heroic sacrifices have
been made by our ancestors9 Is 1t possi-
BILE that in this Congress we can find men
bold enough and bad enough to conspire
against the great right Of trial by jury;
the great privilege of hGbeGs corpus /; men
who are willing to reverse the axiom that
the military should be subordinate to the
civil power, and to establish the abh0rred
doctrine resisted by the brave and free
men OF every age, that the military should
be superior to the civil authority? Who
would have believed that the sons Of revo-
lntionary fathers, bred under the influences
and teachings of our system OF free govern
ment, would to-day in an American Con-
gress, gravely discuss the question whether
ten millions of their fellow citizens should
be placed under military despotism


Mr.. Speaker. speak earnestly upon this
subject, but not more earnestly than feel.
I look upon this measure as most danger
GUS and alarming proposition. Not onlyin
the provisions of this bill to which my
friend and colleague (Mr. LeBlond) has re-
ferred, striking down the great rights OF
the American system of government, DO /
find most serious cause for objection, but
also in the additional proposition that no
judicial or legislative interference shall
take place In reference to military commits
siOns and military trials authorized under
this bill. Let me read that portion of the
bill. / referto the latter clause OF the third
section: r. .ea. ...


"And all legislative or judicial proceed
ings, or processes to prevent or control
the proceedings of said military tribunals,
and all interference by said pretended
State Governments with the exercise OF
military authority under this act, shall be
void and of no effect" r


Can it be possible that the measure now
before us was deliberately prepared by
any gentleman upon this floor? Is 1t pos
sible that this measure has been seriously
considered? Do gentlemen believe they
have the least shadow of authority TO thus
attempt to close the doors OF the judicial
department. of this Government; so that
the Supreme Court of the United States
cannot examine into sentence or order
made by one of these petty military tribu-
mails, which are to be set up over the
lives, liberty and property Of the peo-
ple of ten of these States! Are we slaves?
Are the American people so engaged
in the struggle for 6 the almighty dollar"
that they have forgotten the sacred rights
of free people and decline the task to ]
maintain free government? Is 1t possible
that these military tribunals and cOmmis-
sions shall override your Constitution, and
that an American Congress can be found
who will say that their orders and DEGREES
are not to be interfered with by the SUI
preme Judicial tribunal Of the United
States? If so, then all we have to do Is to
withdraw all our protestations in favor of
free government, and declare that we will
quietly and ignominiously submit to the
surrender of the priceless blessings of that
system OF governmet which has been trans
mitted to us by an illustrious ancestry.


Gentlemen well know that the Supreme
Court of the United States has solemnlY de-
clared in the Miligan case, by q unanimous
decision on the main point in the contro-
Versy, that there was no authority in these
military tribunals either TO try, convict or
punish any citizen who was not in the mil
itary or naval service OF the United States.
But in this bill, in opposition to that decis.
ion of the supreme judicial tribunal of the
country, it is not only proposed that none
of the orders or decisions which may be
made by these military commissions shall
be revised by the President OF the United
States who is the Commander-in- Chief Of
the Army and Navy; but more than this,
that these orders, findings, and decisions
shall not be reviewed or interfered with by
the judicial tribunals of thecountry.


And, sir, is this the end of the
war? Is this, then, to be the re-
suit of the sacrifice of the lives
of so many thousands of our people and
the expenditure of countless millions of
treasure, that now, when the war has ter
minated, when peace reigns throughoutthe
borders of the Republic, the Representa-
tives of ,two-thlrds of the States shall
gravely determine to put the people of the
remaining ten States under military des-
potlsm? Is this the free goyernmenC of
which we so much boastp Areth the doc
trines that were taught us by the men who
established our system Of government?
Sir, l declare it as my solemn conviction
that no Government can long continue to
be free where one-third of its people and
One-third of Its States are controlled by
military power. You cannot, Mr. Speaker,
hold one-third of the people of this Union
under military power, and at the same time
preserve the freedom OF the people of the
other States. 1t is impossible.


/ object, therefore, to this bill on the
broad ground that it is blow aimed at
the overthrow of our system of govern
ment. / do not believe (and in this
mean no dlsrespect to any gentleman on
this floor) that the men who support
this bill, whatever may be the purity
of their intentions, are the friends of the
Union or of free government. l do not
believe that the men who desire to impose
this measure upon these States are willing
that this Government shall be controlled
and administered in accordance with the
Constitution Of our fathers. believe, on
the contrary, that 1t is an attempt to main
tain party ascendency by excluding from
all voice in the Government, large por-


Have we, Mr.. Speaker, forgotten the SER
mon Of our Divine Redeemer on the
Mount? Are we to act as men who have
no love or charity in their hearts? Are
hatred, malice, and revenge to usurp the
hOlV functions of Christian charity Dol