, , 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-??;: