The state rights democrat. (Albany, Or.) 1865-1900, May 18, 1867, Image 1

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The state rights democrat., May 18, 1867, Image 1

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Newspaper Page Text, , t STATE RIGHTS DEMOCRAT. I . t .- , ! Of , SUf .iSiOTT Y. snows.: Cffiec ticrll. ulimY Store,: First Street. TEUMf , I APTXCR : Oneyear,$3; Six Mmll.a ? t2i Oa Month, 59 cts. ginglo Copies, lSj'cts. i ..... '-. . . - ' " '' " ' ' Com.fK d lent writing over awnmed sigoatum fonyH!il.T, teust Aake known, their ;'irpr . tj ..r1.in will lVtn t their co bntetlo(n. -; ' "', i' All"IetJrt- ani Communication, whether on fcailacia fw pahUeation,' hoU h aUrecJ to 3 KATES OF ADT EIITI SFS O risa vkar; One tColamn, $108 1 Half Colama, $&9 i Quarter CI- . ! Transient Adrertiienta jier faro open lines fc' r lea. 'first lnm-o,$3 rach fwci' inser- tioa,$U ;,l ' ; , . 4 : - . ' ForooiU eolumnaaTertiments twenty-five "l atr 'rtat, ditional to tho above rates will bo .tharje4. ., ... ,:" li ,' A aar U one nth i spwedown the column, rwaatin eU, display lines, blanks, Jtc., ai sol'ul utter advertisement to be eousMemllcss - than "a square, ami all fractions counted full are. All advertisements . inserted fr a . less period than three months to be "regarded as tran sient. . ' BU3IN ESS C MIPS. 1 fi. IT II ITT EM O II K, ft D.' jsi'bgeox. r ysrcrAXAXJ) acvocciier Tender hi service jn the Tarions branches r , fcia rmfciwnn, to the eitUcns of Albany and t ron4ias country. Office, at Wbittctnore A Cu.' Draff SttMNs, larrih'a IJWk, Albany. T2u3Tlf : m. iiijiiiirey. .4TT0SNEV AT I AW ANP .WW PI BLIP, ALBAXV", C - - i OltEGOX. - s?fr OSlce in the Court Houje. "ti 'Wrv2n301y, a, a, Kmksm. 1 ' : 1 Beta. CRAXOtt & 1IF.L3I, 'Uttobxkys & covxsellqks AT LA It Orm-a In Xorcro Brick. Building, up-fair!, ' Albany. On gu. ' u J. CV POIVKI.W A TTOnXEY A XI) CO L'XSELL UU JL T LA Jl" LBAXY, 'Oregon. Clb-atwos and couvey- . ikn. a rt I anees prom ptly attended r. oc-ya i o I y SOUS EOS, I'lirtCIAX AXD ACCOLCJIEU Tender hi services in the various branches of hi rfou-n to the cituteas of Aloany aoa ur naadia coautry. 05cc up-rtair. ia FwU-r t 0 1 -m it 1 mm . 4aa mm lta4lt J - Wl- UUtflT. - WIXTEK at Jf e'lIATTAX, . k UOUSE. SIO'X. CM! HI AH E. AX D OKXA ' MEXTAI. PAIXTERU G RAISERS AXJJ iJLAZlERS. ' 'Also, Paper!ja3in an 1 Calccminin dne with atnes and dispatch. Sap at the upir end of Hrt street, ia Cunaingham's old stand. Albany, Ores.n. 22n6if IABROVS, L. BLAI, K- T9C5G. I J O CBAttUbWS CO O v GENERAL i COJtxisSWX Jtf ERCJIAXTS T EALEU.S ia. 5tafde. Dry and Fancy. Gods, Jf Crooeri-s,' Hardware. Cutlery, Crockery, lwts and jJhoes. Albany. Oregon. Cuosinmeats solicited. ;.ocoStf I-AWliEXCE A SEJIPLiE, JLTTO EXE l'.V ' i A' S OH CI TORS. - - Portland - - f . , - - preffoa- O-OFEH-'E Orer Kilboura's Aoction Room?. DeceiaberS. v2a!7tf - ;c. ir. GRAY, p. D. s. SURGEOXDEXTLxTi JLBAXV, OGX. cVerCrm all o'peratHJiulu tle line f DEXTISTRY in the most PERFECT and IMPROVED man lier. Persona desiring artificial teeth trouU da well to give kit a call. Offiee aptatp Tn Foster bri:k. .JL&.ia:ace etraer oi ecna ana ,Jkex aseeta. - ' au25-ly f yct, , . . l0. :si. X. ? , ; 4 - .-. . "WESTERN' STAR'' ..LODGE Xo. 10, meets fct Masonic Uill every Tuesday evening. E. E. ilfCLURE, W. C. 'f. M. V. Baowjr, W. S. ,; 4r2n32tf I. OO, F, jllb ax r, op G JJ, XQ, 4 (fS3IrSv TbeJSeffnlarEleet-rr-sC: ZZZZZ ings of Albany Lodge, Jo, O. 0. F are heJ4 ft theijr Hail in Xof-ro- Building,, Albaof eery WEDSfDAV EVEXIXG, vti 7 Velofck. - Brethren io good standing are invited to attend. , ' By order of the X- G. aui-ly HiSTRUMOlTAL AND VOCAL-MUSIC rMISS rHnMA ABBOTT1 y S XOW PliEPARED TO GIVE LESSOXS l on the Piaio Forte, at r her r residence, "aAl MUijJ --She re, "er Wtb'ose -rwonj she bar taught, both here and in Corvallis. - :TTJiTIOX: !" Per quarter, 21 lessons.!,.;.;;.,,,,,,.. ...$15 00 Use of Piano for praelieing, per quarter,. .,,. 2 50 jr2al6tr-0,r . . "v 5T " J. F. McCOV, X Tt'QBXE Y AXD CO CXSEZL 08 AT I AW, ! H l O T T H OiiS. , T j 0 11 PORTLAXD, - - - . OREGON WILL PEACTICEIX THE SEVERAL Courts tf thia City and State, and of Wash ington Territor. All kinds f claims and demands, notes, bills, book aceouats, subscriptions, ete.. eolleetcd on eoi naission, by suit or eolieit&tion. ,J Ral Eatat bought and tsold, Taxes paid.-r-BaiI4inga rented, and rent collect o comwis sion, -7iUle4 4otR4.E49ie eeareta and .abitas isade A . . 'AGEifT for the principal daily ad weekly news papers on the Pacific eoaf t.- tjbseriptions and ad vertisements so'icitea. rerrAJrioUfctioni pr&Vpyy remltiedlW OFFICE X.. 93 Front street. Portland. r2n27tf ;s' - - ' - ' - .- A-OVEUTISKMENTS. HATS,': ';;;;v;: HATS. r MEtJSSDORFFER & BRO., Anufaft nrr n.i Tmttorters of. and "Wholesale ' 1 aaid Retail Dealers iu HATS -AJSTID CAPS, HATTERS1, MATERIALS; i'xoi 72 Front Street,' rortlanU, i RE RECEIVIXQ, IN ADDITION. iTO I their extensive Utock. by every fcteamer, an the LATEST STYLES of Xew Yora, wnaouana Parbuau taste, for ' . ; , 1 Gentlemen's : and : Children' . T7ear, ; X -Which they will sell ; ClOTR TH !i .tSTSrH KOUSE CN'TKE COAST! d;eai;ers in hats Will consult their own interests by examiniug our Stock befure purchasing elsewhere. . Hats of every style and Description MADE., TO , ORDER, At-10 . IVEATI-Y REP AIRED, AT J. , C. Xrleussdorffor & Bro.'s Xo.'"2 Front Street ...,..........Prtland. O'n. Cor. D and Second SUM.,.....Marysville. Cal. 5k. 123 J Strcet..,.TO,......Saaniinent Xos, 633 3l 637 Commercial St San PrancNro. .JTfr- Wholesale House at San Francisco, Cal. . 623 Commercial through to 637 Clay street. Djb- 1, lS66W2nl6tf T il K : OLD STOVE DEPOT! BIAIN STREST - - - ALBANY. JOHN" IBH.IC3-C3-S, (latk c. c. oft.er co.) - , ' Keeps pontant!y m band a giinr! aoruuet of S T V E.'S ! Of 31if ' Favorite Pattern. Cook Stoyes, Parlor Stoves, Box Stoves ! With a full and general assortment of TIX, SHEET-IK OX. COPPER AND BRASS-VARE! And all other articles usually found in TIN STORE! Rrpairin? Xfatljr and Promptly Excrntfd. TEI13IS Ca.ili or Produce. "Short Reckonings make Long Friends." Feb. 2, T.7 v2a23tf FURNITURE AND CABINET WARE. a. iLZEAmXrzr sz co. Corner ofFirxt and Dread Alb In Streets.' ' ' . u (iirt Door East of J. Xorcross Brick), , Albany, I.I nit Vpunty, Oregon, Keep constantly on band ' A FULL ASSORTMENT .... . ' . , : ... - . Of avryibing ntUrir tit Basintss, i it lowrr Figures lhajj anj ocjr JJ.opj .: fbv4 at PortJainJ, ' VfV fIJAJJ5Ja'GE'c05irBTITlbar Iff. the line of ' UPHOLSTEay, PARLOR SETS : ' Chamber Seta, Fictnro Frames BUREAUS, SAFES, WARDROBES, ETC. ETC., , We have alm on hand the celebrated . . ''ECONOMY WASIIIKO IVXACIIINC," ?. ,., .. ,- r -- ' ' ' T Which has no equal in tie world. Get one ana satisfy yoijrself. ! ' ' " ; ? 1 ' Particular jaUentlon paid to all orders in our line. UNDERTAKING PROMPTLY ATTENDED TO. .,7 ' ' ;aul8-ljr A. MA RS BALL. I Pf!TB tCULOSSKB. ' yiLBANY- , : 1.1- , .lri-m r . , ' - :. .(:: r I OppnaUetnepid'Pacp Iofter Stanp- r THE ' UXDERSIONEp .W?JJLD XFORJi the public that thej haj-e ,0 ha good supply vf . .',.;'.;':!".". , i Together H'ith $i best of 14 very and Sj5TjE!HORSES, ' 'i AH of which will be let on ' R E A S P, M; A'.X3,I J3,'t E R M fi"- ' MARSHALL & SCIILOSSEIt.. Albany; h liiss r2n23i7; - -' ' ':: 1 PItESIIlEXT JOII'SOX'N V12TO OP TIIK SIlLltfAUY UIIX. - ' fo t JIuuti Iltjrentutietft , .. . - '. j I havo cxami ued the lill.'lTo provitlo for tbo uioro cflicicnt govcrouicut of Ibo rebel states," with care and anxiety, w)iich its transcendcntiuiportancoiscalculutcdto awaken, I ain unable to give it my assent for reasons so grava that I hopo it stato merit of them may have some iullucnce ou the tniud.H of the patf totio and enlightened men with whom the decision must ulti mately rest. , ' : if The bill places all tho people of ten states therein named under tho absolute domination of-military' rules j and the preamble undertakes to give the rcanon upon which it is justified. ' n Jt declares that there exists in those states no legal government, and no ade ijuato protection for life or property, nnd aMoits tho necessity of enforcing peace nnd good ordi'r Jvithia thoir limit?, j I thi ttciins a mlttcr.ot fact ? Hi not deni ed that the states in question havo each of them au actual government, with all the powers, executive, juridical, nnd leg islative, which properly belong to a free state. They are organised like the other states of the union, and like them they mnkc ad minister, and execute tho laws which con cern their domestic affairs. An cxUting tit urt't government, exercising such func tions as these, is itself the taw of state upon all matters wilhin its jurisdiction. To pro nounce tho supreme lawmaking power of an cstabh.-hed utate tllepil. is to y that law itself is unlawful. Tho provisions which these governments have made for the preservation of order, the suppression of crime, aud the redress of private injur ies, arc in substance aud" principle the Kituc as those which prevail in the North ern states, and in olhereiviliied countries. They certainly have not succeeded in preventing thceommnsion of all c rime, nor has this been accomplished anywhere in the world. There, as well as elsewhere, offenders sometimes escape for want of vig orous prosecution, ana ocfguirmally per haps by the insufficiency of the courts, or the prejudice of jurors. It is undoubted ly true that these ovils have been 'much increased and aggravated Xorth and South by tho dpjoraliging influences of civil war, and by the rancorous p4iion which the contest has engendered, but that these people are maintaining loral governments for themselves which habitually defeat the object of all government and render their own lives and property insecure, is in itself utterly improbable, nnd the aver ment of the bill to that effect is not sup ported by any evidence which has come to my knowlege. All the information I have on the subjeet convinces me that the mass es of the Southern people and tho3 who control lliptr public act, while they enter tain dirers3 opinion on questions of Fed eral I'olcy, are wtnplctclv united in their, c.Huri iu rcorganiza mcir society on me basis of pacc, and to restore their mutual prosperity as rapidly and as completely as their circumstances ill permit. The mil, however, would :eem to bhov upon its face that iho establishment of pcatjfl and goad order is'not its real object. The Cfih section d&clarcs that the preced ing sections liall cease to operate in any ttate where certain events shall have hap. pcue4. These events arc first, the selec tion of delegates to a state convention by an election, at which negroes shall be al lowed to vote; sccTiid, the formation of a state constitution by the convention so cho ecn ; third, the insertion into the f tatc con stitution of a provision winch wjll tccarc the right of voting at all clctious to negroes; and to fiuc1whitc men as may not be dis franchised for rebellion or felony ; fourth, the submission of the constitution for ratifi cation to negroes and white men tiot dis franchised, and iti actual ratification by their vote ; fifth the submission of the state constitution to Congress for examina tion, and the actual approval of it by that body j. sixth, tho adoption of o certain a mendment to the federal constitution by a vote of the legislature elected under the hew constitution ; seventh, the adoption tfsaid aio,cn.dnint by a sufljeient number of other votes to make it a part of the con stitution of the United States. ;1I these" con-ditiofls must' be , fulfilled before the people of any of these states cati be reliev ed frov) tha fondag of military domina tion, but when they are fulfilled, then im mediately the pains and' penalties ot the bill arc to cease, no matter whether there be peace and order or not, and without any reference to the security of life and prop erty. The excuse given for the bill in the preamble is admitted by the bill itself not to be real. The military rulo which it establishes, ia plainly to bo used hot for any purpose of order, or fi r the prevention of crime, but solely as a means of coercing the peoplc'into tho adoption of principles and" measures to which it is known that they are opposed, ' and upon which , thc have a,n undeniablenghttoexcrci.se their own judgnient. " ' V ' " I submit to Congress whether this meas ure is not in its whole character, ecope'and object without precedent and without au- tiionty: in palpable couniet wit.n the plainest brovisionsdf the 'constitution and utterly destructive to. those great prinoi plcs of liberty and humanity for which bur uuLxuiors, ou uom aiuea oi me iviiauiic, shed much blood,5, irid expended 'bo mucH'trcaVure:'; '. Jy v'.,"'," :;Y 1" , ! The s tetatcs named In .the' bill re di vided into "live districts j for, each-district ah officer pi the army, not below, the 'rank' of brigadier general, is to ba appointed, to rule over' the people, and ho is to be sup ported with art efficient military force, to enable him to perform his duiies and en force his authority,-, 'i hose duties and that authority, as defined by the third section of the bill, are to protect all' persons in their rights of person and property, to suppress insurrection, disorder aod violence, and to punish, or cause to be punished; all' dis turbers of the public 'peace or criminals. The power thus given to'the commanding officer over all the people pl each, district is that of an absolute monarch y jiis mere 1 will' is-" to'' take, the place of Alllaw, fhcl law of tho stfttcfi Is now tlio only yule'opj pllcabla to tlio subjects placed under his control, and that is completely displaced by tho clauc lthich declare all interfer ence of the Mate authority to be null and void. lie alone is per tnitted to dctcrifiiipe what are tho rights of person or proper ty, and ho mov protect thctn ill fcnch way as iu his dieretton inay fCctn proper. It places at tI. free disposat.'all tho lands and goo(3s in b district, and ho may distribute them without let or hindrance, " to whom ho pleases;--llciug bound by no state law, and there being no other law to regulate the subject, he may make a criminal code of his own; and he can make; it as bloody as any re corded in history, or he can reserve the privilege of .acting upon the impulse of iu private passions 10 caen caso mat aris es. Ho is bound by mi rules of evidence ) there is' indeed ho provision by which he is authorised or rerjiv.J to take evidence at all. "Everything U crime which he chooses to call so, and all pcrsous are con demned whom he pronounces to bo guilty. He is not bound to mako any report, or keep any record of his proceedings; he may arrest his victims whercvpr he finds them without warrant, accusation, or proof of Iirobublc pause. If he gives them i trial tefore ha inflicts the punishment, he gives it of his grace and incrpy, not be cause he is commanded so to do. To a casual reader of tho bill it luight seem that some kind of trial was hccured by it to persons accused of crime, but such is not thi ease. The officer mav allow local civil tribuuaN tq fry offenders, but of course in is uoes not require mat no enan do so. If any fetato or .federal court presumes to exercise its legal jurisdiction by the trial of a a malefactor without hi special permission, he can break it up and pun ish the judges nnd juror as being them selves malefactors. lie caij cave hi friend from justice and despoil his ene mies contrary to justice. It is also provi ded tint he hall have pow.r to organ ize military couimis.siuiies or tribunal, but thin power he has not commanded 'to exercise, It is merely rurmWivc, and i to be used only when in hi judgment it may bo neeesary for the trial of offenders, Kvcu if the feculence of a commission irere made a prerequisite to the punish ment of a party, it would be scarcely tho slightest check upon the officer, who ha authority to organize it an he please. 'pre scribe it mode of proceeding, appoint it members from among hi- own subordi nates, and revise all it decisions. Instead of mi it i'jn t the hardline of his single rule such a tribunal would be used, much myr! probably, to divide the responsibility of making it more cruel sjid unjust. h'cvcral provisions dictated by the hu manity pf Congress havo been ; inserted iu the bill, Apparently to restrain the power of the commanding officer, but it seems t uic that they are of no avail for that purpose, The fourth ?tion provides, first, that trials shall tiot bo uueetssarily delayed, but I thiuk I have shown thai the power is given to pauish without trial, and if so tjjis provision is practically inoperative; second, cruel or ungual punishment are not to bp inflicted, but who is to decide wrhat cruel and what unu?ual? The words have acquired a, legal meaning by long VC in the court, yan it be expect ed that military officprs rilj understand or follow a rule cxprc.vj in )anunga o purely technical snd notiertaiuiugiu the least degree to their profession 7 If not, llifiu each officer may define cruelty ac cording to his own temper, and if tiot usual he will make it usual. Corporal puuishmeut, the gag, the ball and chain and the other almost Insupportable forms of torture invented fur military punish ment lie withiu the range of choice Thiid, the sentence of a commission is not to bo executed, without being approved by the commander if it affects life or liberty and a senteuee of death must bo approved by the president. This applies to cases in which there has been a trial aud sen tence, I tako it to be clear, under the bill, that the military commander may condemn to death without even the form of a trial by a military commisfciou, so that tho lifo of. the condemned may de pend on the will of two men instead of one. It is plain that the authority here given to the. military officer amounts to absolute despotism. Hut to make it still more unendurable, the bill provides that it may be delegated to as many subordi nates as. he chooses to appoint, for it de clares that he shall "punish or caus to be punished.'" Such a power has not been wielded by any: monarchy in Kog lahd for more than nvo hundred years. In all that time no people who speak tho Knglish language have bofhe iuch isurrfr tude.. tit reduces thy wliolo population of the ten" (10) states- -all persons of eyery color,.sex and condition, and .every, stran ger withlh their Hfitsto t0 raoitt object aud'dogradjyg slaycryf .Xo master ever had a control so absoluto over his .staves as .tlis , gives to the military ofljeers over both white and colored persons, -It may be answered jto this that the oncers of the army ore" too magnanimous, just ot t no army ore fund humane to oppress and trample upon a gubjusated people., I do not doubt that army officers are as well . entitled to, this kind ofonfidehco as any other ?olass; of moq, but the history o tho wrorid Ias bepn written' iji yai if it docs not teach, us that Unrestrained authority eah never bb safely trusted in uifjan Jjanas; Jt s almost sure to he moro or Ipss abused under anyj cir cumstances, and i has always rosultod in gross tyranny, where tfyp rulers who 'exercise-' it' are Btranfljf? tq their subjects, and conio among them a$ t)ig representa tives of a distant power, and moro espec ially when the power, t)iat sends them is unfriendly. Governments closely resem blihir that here'Pronosed haye' been tried in Hungaryahd Poland, and th,6' sufferings endured by those people roused the' sym- 10 Ireland, and though first'. tempered by principles of EhglUh:''law;it . gaVtf bjrth to cruelties so atroCidusrthat they aro tfever recounted' without just indignation. Thp French" convention armpd its deputies with this power, and sent them totho tahthcrtt dfpartmeuta of the republic. The inaiisa crcs, murders and other otrocitica which they committed, show' what the pansloha of the oldest icn in the most ciViiiiscd so ciety yill attempt io do whcfl wholly un restrained by luwv The men of our race in ccry age haveutrogglctl , tp tie up the hands of thcirgotcrhihcnts attd kctfp them within the law, beCaUsc their own, Jtpri enco of all mankind taught them that ruler could not ho relied on to concede those rights which they, wcro not legally bound to respect. The head of a great empire has sometimes governed it with a mild and paternal sway ; but thd kindnes of an irresponsible deputy never yields what tho law docs hot extort from him. HeUvccn such' a master and the people subjugatpd to iis domination, there can be nothing but onmUy. lie punishes them ifthe resist hi authority, and if they submit to it he hates them for their ser- Vlhty. . .-, t . , :f 1 come now to a question whteh Is, if lo.-siuie, wiiii more important. Have we tho power to establish and carry into execution a measure like this? I auswer pprtainly not if we derive our authority from the constitution, and jf we are bound by tho limitatioos whioh impo ses. This proposition is perfectly clear, that no branch of the federal government executive, legislative or judicial, can have any just powers except those which it de rive through, and exercises under the organic law of the union. Outside of the constitution we havo no legal authority more than private citizen of the United State,- which arc within the union, but it shields every human being who comes, or i brought under our jurisdiction. Wo have no right to do in one rdace more Ithan io another that which the constitu tion says we shall not do at all. If there fore, the Southern States were in truth, out of the uuion, we ould n.U treat their t eople in a way which the fundamental law forbids. Some people assume that ll c Nueces of our arms in chrushinc the oppoitiAn which was made in some of the states to the execution of the federal laws, reduced ihotc state, and all their people the innocent a well as guilty, to a condi tiou of vassalage, and gavo us a power over them which tho constitution docs not bestww, or define or limit. No fallacy can be moro transparent than this. Our vic tories subjected tho insurgents to legal obedience, not to the yoke of an arbitrary despotism. .When an absolute sovereign reduces his rebellious subjects, he may deal with them according to his pleasure, because he had that power before ; but when a limited monarch puts down an in surrection he must still govern according to law. If an insurrection should take place in one of our states aguimt the au thority of the tato government, and cod iu the overthrow of thoe who planned it, would that take away the rights of all the people of counties where it was favored by a part or a majority of the population? Could they, for such a reaon, be wholly outlawed and deprived of their represen tation in the legislature? I have always contended that the government of the United States was sovereign within its constitutional sphere; that it executed iu laws liko the states themselves, by apply ing ll coercive powers directly to iudi vidual, and that it could put down insur rection with tho same effect as a state, and no other. The opposite doctrino is the worst heresy of those who advocated re cession, ana cannot be agreed to without admitting heresy to bo right. Invasion, insurrection, rebellion aud domestic vio lence were anticipated when the govern ment was framed, and the means of re pelling and suppressing them were wisely provided for in the constitution, but it was not thought necessary to declare that the states in which they might occur should bo cxpclied from the union. Rebellions, which were invariably sup pressed, occurred prior to that out of which these questions grow; but tho states continued to exist and tho union remained unbroken." In7 Massachusetts,1 in Penn sylvania, in Khode Island and iu .New York, at different periods io our history, violent and armed opposition to tho Uni ted States was .carried on but tho rela tions of those states with the federal gov ernment were not supposed to bo inter rupted, or changed thereby after the re bellious portions of their population were defeated and put down. It is truo that in thc?e earlier cases there was no formal expression of a determination to with draw from the union, but it Is also truo that In tho Southern states the ordinances of secession were treated by all the friends of the v.nion as xncro nullities, and are now acknowledged to be so by the states themselves. s If wo admit that they had any farco or validity, or that they did in fact tako tho states in which they were passed out of the union, wo sweep from under our, feet all the grounds upon which ws stand in justifying the use of federal forco to maintain the integrity pftfiA gov ernment. This is a bill passed by Con gress in time of paaee. Thero is not, in any of the states brought udpr its opera tion, either ' war or insurrection The laws of,th5 states end the federal govern rucnt are in undistributed and harmoni ous operation;. ; The pourts, $tat ohd'ju dicialorPpfih and J In tho full exercise qf tljeif pfoppp Authority. Over every state.coraprised in th,e free; military .dis trictslife, Jibe, rty and property, are bo pur.ed by state laws and judicial law, aud tho qatjpnat constitution"' is everywhere 'obeyed..'.' What, then, is thje grp'und oa which this! bill (proceeds? , The titlo of the bill annnoTjnccs that it is intended for these ten states It is rcpitedby ;way:pf preamble, that no legal Btato goyernmonts nor adequate protcotion for lifo or proper ty exist ih those states, and that poaco and good order should thus be eutorced. ; The first thing that arrests attention "upon these recitals which prepare the way for ; martial Jaw is this : that the only founda tion upon .which, martial law can exist under our form of governpnent is not sta ted or so muijh as pretended.' "Actual ' 7ar, foreign invasion, domestic, lusurrec.- tion nono of these appear, and none of these in fact exist It j not even recited that any sort of warmer insurrection is threatened! I l&t ti'pat??sj "here to consider upon thi tjucstjo- of cousUtutional law and .th? power of Coogrcfia. '4'he recent decision of the supreme court of the Uni ted States in 'cjpnfte Milligan I will first quote from the pioiori oi the major ityjof the court l "ilarlial law Cannot af isa from ; a , threatened , juvasion. . The tfecessify fii05t.be octuo! asd present the infusion real j etich as effectually closes tho courts cud deposes the civil adminis tration"'! We see thatiaartial law comes in only when actual war closes the Courts and deposes the civil authority.- Hut this bill, in time oi peace, makes martial law opcralo as though we. were ih actual war, and becomes tho cause instead of the con sequence of the abrogation of civil, au thority; "It follows, from what has been r'mul on this subject, that there are occa sions When martial law can bejproperly applied. If iq, foreign invasion or civil war, the courts are actually closed and it is iuiposjblc to administer criminal justice according ta law, tbpn, on the theatre of active military operations wherc war really prevails, there is a necessity to fur ubh a substitute for-the civil authority thus overthrown to preserve the safety of the army ard society, and as no power is left but tho. military it U allowed to gov ern by martial rule until the laws can tave their free course' I now quote from the opiqion of the minority cf the court, delivered by Chtpf Justice Chase: "We by no means assert that Congress can establish and apply the laws of war where no war $as been de clared or exists. Where peaco exists tho laws of ppacc must prevail." This sufficiently explicit peace exists in all the. territory to which the bill applies. It asserts a power in Congress in lime o peace to spt aside the laws of peace and substitute the laws of war. The minority concurring with the mijority declares that Congress docs not posspss that power. Again and if possi ble, moro emphatically, the Chief Jus tice, with remarkable clearness and con densationsums up the whole matter as foilowa : "There arc under the constitution three kinds of military jurisdiction. One, to be exercised both in peace aud war; another to be exercised in time of foreign war without the boundaries of the United States, or in time of rebellion or civil war within "states or distticts occupied by reb els treated as belligerents, and a third to be exercised in time of invasion or insur rection within the limits of the United States, or during rebellion within the limits of the states maintaining adhesion to the National Government when the public dan-pr requires its exercise. Thp first of thoso may -fcecalhid..jupsdtpttpn under tle military law, and and U ia ts of Congress; prescribing rules and arti cles of war, or otherwise providing for the Government of the natiorjcl force. The second may be distinguished as military goycrnmeyt supescding as far as may be deemed expedient tljp local law, and ex ercised by the military commander under the direction of the President, while the tiird may be denominated martial law proper, and is called into action by Con gress, or temporarily when the action of Congress cannot be invited and in the case of justifying or excusing peril by the President in times of insurrection or inva sion of civil or foreign war, within dis tricts or localities where ordinary law no longer adequately secures public safety or private rights." It will, bo observed that of the three kinds of military juris diction which can be exercised or created uudcr our Constitution, there is but one that can prevail in time of ppacp, and that is the code of laws cn&eted by Con gress for tha government of the national forces. That body of military law has no application to the citizen, nor even to the citizen soldier enrolled in tho militia in time of peace. Hut this bill is part of that sort of military law, for that applies only to the soldier and not to the citizen while contrariwise the military law provided by this bill applies only to the citizen and not the soldier. I need not say to the Representatives of of the American people that their Constitution forbids the exer cise of judicial power io any way but one -that is, by the ordained and established courts. It is equally well kudwn that in all criminal cases, a trial by jury is made indispcnsablo by the express words of that instrument. 1 will not enlargo ou the inestimable value of the right thus secured to every freeman, or speak of the danger to public liberty in all parts ; of tho country, which must ensue from a de nial of it anywhere, or upon any pretence. A very r.ecjent decision of this Supreme Upurt'Jias traced the history vindicated thp dignity, and made known the value of this great privilege, so clearly that noth ing moro is neoded, Jo lyhat pxtent a violation of it may bo excused in tiuie of war or public danger may admit of dis cussion, but wo aro providing now for a timo of profound peaces where therouis pot an armed soldier within oujr Jiordprs, except t)ose who are in the service ot the povernment. 1 It is iii suchf a condition of things that an aptof Congress is proposed, whichj if carried out, would deny a trial by the lawful courts and. juries to niuo pillions of American citizens, and to their posterity for ,an indefioits .period. It seems tq bo scarcely possible tljat any one should" seriously beheyo this consistent with ' a Constitution : whrJcl r declares in simple, plain and unanjbigijous language tlja all persona, ghall have that right, and that no person shall ever, in any case, be deprived Of, it. Tho Constitution also forbids the arrest ' of the oitizen without judicial warrant founded oh probable cause, .This, bill authorizes an: ad arrest without warrant at the pleasure of a, mili tary comuianderi 1, ..Tho Constitution ' de clares thai no person, shall bo' held to an swer for a capital or otherwise infamous crime unless on prpsenthieht by a grand Jury. " This billli6lds:pyery person not a soldier answerable for all f crimes, and all charges, without any j presentment.- The Constittibn'declares that no person shall b3 deprived f lift, liberty er prop erty without depr process of law " This ' bill efts fttis 611 pre-pesi of law, and maker the pitien aiwtrprabfe in his person -and AM - m of the writ of habeas coptis shall hot bo, suspendedf tialess when ia case of rebellu ion or invaitm the! public safety may; re quire itj whereas this bill dpplares ma'rtit law, which of itself suspends this , gea writ in time of peace, and authorizes ix6 miliary to make the arrest and gives to ; the prisoner only one privilege, and thai is a trial "without tthhseessary delay' I lie has no hc p of release frotu custody guarantee to each state a Itepublicanl form of - gov- f crnmcnt. Can it be pretended that this ; obligation is hot palmldy broken if we carry but'a hjcasure like this which wipgs away every ycstige pi repuoncan govprq; meut in fen statps, jipd pufs the life, property, liberty and hoaor of all the teo- pie in each of them under the domination -of a einglc person clothed with. unlimited , authority. The Parliament of Kngland claimed, was accustompd, tp pass ( Jiillg pf attainder; that is to say, it, would convictj men of treason and other crimes by legis lative enactment. tirnes patient and fajr one, bjtt fepprsply,, tarty prejudice prevailed instead of justice, t often became necessary for Parliament to acknowledge it error ahd rerprse its oven, f action. The fathprs of our . country deter- mined that no such thing slopld occur here: they provided in the Constitution that no state should r:iiss nnv bill &f fttta.indcr. Ti is therefor iniosibie for any person in this country to bo constitutionally convicted or? punUhcd for any crime by a legislative pro- hvmih vi biij evil. ticiviuci9a unc ' ltlll lif ottftinlr (irsintt nina tnillmn, r,f iua. pie at one. It is lased ujon an accusation n trtt n mm r Im . a .n.l . r4 nntM.l.lA .1 f . fl.l I .f I v. a a a aa n a . 1 . 1 I i dence. Not one of the, nine millions was beard in his own defense. The representa tives of the doomed parties were excluded from is to be followed by the most Ignominious . punishment ever inflicted upon large masses of men. It dinfranehiWHi thm It-r hnnrli-l of thousands, and degrades tbem alL pypsj; those who are admitted to be guiltless, from' the rank of freemen to thp condition of t laves. ? The purpose pjyect of the bill, the general intent whieh pervades from bo ginning to end, is to change the entire trnc- and to pom pel t hejn by force to the adoption t of organic laws and regulations which they iui k Hiiii rniirnriwr ill iiik h hih !riiviriiTnpniB y are uun miii w auujji 11 io nieipsi'iYes. The negroes hayo not asked for the privilege of voting. The vat pajonty of them have , no idea what it mean. This bill no dnly i;fru.Ms ii into uieir nanus, out compels tnem as well as the whites to use it in a particular way. If they do not form a constitution rilh T,rmri-ilrfwl nKtlli !h t and n Oiriniml :. elect a legislature which will aet nnon rer- tain measures in a prescribed way,- neither blacks nor whites can be relieved from' the fclnrfrv nrliw-h tltA Kill !mnnsii nnnn tfipm Without pausing here to consider the policy or impolicy of Africanizing the southern T part of our territory, I would simply ask the attention of Congress to that manifest, well known and universally acknowledged rule of constitutional law which declares that the Federal Qovernipent has no juris diction, authority or power to regulate such subjects for any etate. To force the "right of ' suffrage out of the hands of the white people Ami intA ftl.A ti.n4. " C 1a Wftn wMia rtaAti trary violation of this principle. This bill imposes martial law at once, and its' opera tions will begin as soon as the General and his troop3 can be put in place. The dread alternative between its harsh rule and1 com pliance with the terms of this measure is not suspended, nor are the people afforded any time for free deliberation. The bill' says to tltoirt tnlfA irmrl'1 al law fii-cfr tlinri rlaliltarntn. and when they have done all that this meas- uro requires thera to do, . other conditions " and coutingencies over wnicn they nave no - .MmnTn A 1.A f . . 1 C 1 1 Vr-A it... WUUVI 1U1UI1CU UV1VIE aUCJ can be relieved from martial law1. Another n-,rifTPs mnet first nnnrnvp thronfititiit!nrm made in conformity with the will of this Congress, and must declare these 6fates enti- whole question thus remains open and un settled, and must again occupy the attention of Congress ; and, in the meantime, the ag itation which now prevails will continue to disturb all portions of the people. - The bill also denies the legality of the governments of ten of the states wlu'ch participated in the ratification of the amendment to the Federal (Vinstiti.tinr. ftbolishiner slaverv forever with. in thojurtsuiction oi mo unuea states, ana f radically excludes them from the Union. f this a-suuiption of the bill be correct, i their concurrence cannot be considered as having been legally givenand the important fact is made to appear that s the : consent : of threo-fourtbs cf jhp states,- the requisite number, has not been constitutionally ob tained to the ratification of that amendment,! thus leaving the question of slavery where it stood before. The amendment was ofiicially , declared to have becomp a part of the Con-' .l!t..l!nn 11A Ikft m AA MIIAInn.Ai) . this bill violatetho Constitution in, the par-; ticulars mentioned, and ju mny ways which I forbear to enumerate is" ioo clear to admit of tho least doubts It only remains to con sider whether the injunctions ofthe instru- ment ought to be obey edy tor rpasons wnicu I will proceed to five as briefly as possible. : In tho first place it is fhe "only isystem of free v government which' we can Ijopa to have as a nation j when it ceases to be fhe rule of our oonduct, we may, perhaps," r ake our choice between com pleto anarchy, a consolidated uespoiisin, aim u v-jf mwuu v m Union y but, national liberty, ; regulated by law. will have Das?ed bevond our reachV. It is the bost form ' of government : the 5 world ever saw, J No other ia or can . be as well adapted to tlji genius, habits or, wants of the, American poopler combining the strenirth'of the graat Empire with' fm un- speanaDie messing;s pi iuvui seu:goY.eriut?.i:.,v having a central p3wer to defend the general intorests and recognizing the authority o me ; siates as . las ; guaruiaj . abroad, and our pt acejat home. It was or dained to "form a more perfect unionestab ltd, J.cf.Ao Jnsiira drjmeitie trannuiliivlr.ro. . mO CO Hit) guuiutti .n viitiiu, iiuiiuo -v. mo common defense hnd 'secure the blessings of liberty to oprselvpii .and our posterity These i great ends have, "Deen attained heretofore, and will be again by faithful obediepc.e to it 1 1 !. Mn n Aaa,n 1 alar .V I f A V A a a. an a A n thft property to the will i ons roan, and Witli ins life to tho will of two, Finally, ihe nrttltit tlti-.n lor.lftrr fliaf 4lia r.rivttaUrt - ' (ConcluOxd pa foBjrtJi Jas-. . .r.-j s-??;: