TERMS OF PUBLICATION.
THE BEEPORD GAZETTE is published every Fri
day morning by MEYERS A MEHOEL, AT $2.00 per
annum, if paid strictly • advance.; $2.50 if paid
within six months; $3.00 if not paid within six
months. All subscription accounts MUST be
settled annually. No paper will be sent out of
the State unless paid for IE ADVAKCE. and all such
subscriptions will invariably be discontinued at
the expiration of the time for which they are
paid.
All ADVERTISEMENTS for a less term than
three months TEN CENTS per line for each ln
ertion. Special notices one-half additional All
"esolutions of Associations; communications of
incited or individual interert. and notices of mar
-iages and deaths exceeding fire line?, ten cents
er line. Editorial notices fifteen cents per line.
All legal Notices of every kind, and Orphans'
Court and Judicial Sales, are required by law
to be published in both papers published in this
place.
All advertising due after first insertion.
A liberal discount is made to persons advertising
by the quarter, half year, or year, as follows :
2 months. 6 months. 1 year.
♦One square - - - $4 50 600 $lO 00
Tvo squares - - 600 000 10 00
l"iree squares --- 800 12 00 20 00
Quarter column - - 14 00 20 00 3;> 00
Half column . - - IS 00 25 00 45 00
One column - - - - 30 00 45 00 80 00
♦One square to occupy ene inch of space.
JOB PRINTING, of every kind, done with
neatness and dispatch. THE GAZETTE OFPICE has
just been refitted with a Power Press and new type,
and everything in the Printing line can be execu
ted in the most artistic manner and at the lowest
rates.—TERMS CASH.
All letters should be addressd te
MEYERS A MENGEL,
Publishers.
3Utorttctjsi at Xau*.
TOBEPH W TATE, ATTORNEY
f| AT LAW, BEDFORD, PA., will promptly
attend to collections of bounty, back pay Ac.,
and all business entrusted to his care in Bedford
and adjoining counties.
Cash advanced on judgments, notes, military
and other olaims.
Has for sale Town lots in Tatesville, where a
good Church is ereoted. and where a large School
Tlouse shall he built. Farms, Land and Timber
Leave, from one acre to 500 acres to suit pur
•hasers.
Office nearly opposite the "Mengel Hotel and
Bank of Reed A Schell.
April 6,1866 —ly
J. MOD . BHARPK. E - KERR.
SHARPE & KERR, ATTORNEYS
AT LAW BEDFORD, PA., will practice in
the courts of Bedford and adjoining counties Of
fice on Juliana St., opposite the Banking House of
Reed A Schell. [March 2, '66.
R. DURBORROW. | JOHN LUTZ.
FA URBO RR O W <l* L UTZ,
J / ATTORNEYS AT LAW, BEDFORD, PA.,
Will attend promptly to all business intrusted to
their care. Collections made on the shortest no
tice. . .
They are, also, regularly licensed Claim Agents
and will give special attention to the prosecution
of claims against the Government for Pensions,
Back Pay, Bounty, Bounty Lands, Ac.
Office on Juliana street, one door South of the
"Mengel House," and nearly opposite the Inquirer
office.
JOHN P. REED, ATTORNEY AT
LAW, BEDFORD, PA. Respectfully tenders
his services to the pnblic.
Office second door North of the Mengel House.
Bedford, Aug, 1, 1861.
JOHN PALMER, ATTORNEY AT
LAW, BEDFORD. PA. Will promptly attend
to all business entrusted to his care.
Particular attention paid to the collection of
Military claims. Office on Juliana Street, nearly
•pposite the Mengel H<mse.
Bedford. Aug. 1, 1861.
TOSPY M. ALSIP, ATTORNEY AT
Pi LAW, BEDFORD; PA. Will faithfully and
promptly attend to all business entrusted to his
care in Bedford and adjoining counties. Military
daims. hack pay, bounty, Ac., speedily collected.
Office with Mann A Spang, on Juliana street,
X vo doors South of the Mengel House.
Jan. 22, 1864, _
.K. KIMMKLI.. | J. W. LINGENFELTBR.
17" IMMELL & LINGENFELTER,
W ATTORNEYS AT LAW. BEDFORD, PA.,
Have formed a partnership In the practice of
he Law. Office on Juliana street, two doors South
ofthe "Mengel House,"
H. SPANG, ATTORNEY AT
\To LAW BEDFORD. PA. Will promptly at
tend to collections and all business entrusted to
his care in Bedford and adjoining coynties.
Office on Juliana Street, three doors south of the
"Mengel House," opposite the residence of Mrs.
Tate.
May 13, 1864.
B. F. M E VERS. | J. W. DICKERSON.
MEYERS & DICKERSON, AT
TORNEYS AT LAW. Bedford. Pa., office
same as formerly occupied by Hon. W. P. Schell,
two doors east of the GAZETTE office, will practice
in the several courts of Bedford county. Pensions,
bountv and oack pay obtained and the purchase
and sale of real estate attended to. [mayll,'66.
T OHN H. FILLER, Attorney at Laic,
fj Bedford, Pa. Office nearly opposite the Post
Office. | apr.20,'66.—1y.
striaand Jfntistisi.
DR. GEO. B. KEELEY,
having permanently located in ST. CLAIRS
YILLE, tenders his professional services to the
citizens of that place and vicinity. nov2'66yl
~ITT W. JAMISON, M. D., BLOODY
W , RUN. Pa., tenders his professional servi
ces to the people of that place and vicinity. Office
•ne door west of Richard Langdon's store.
Nov. 24, '6s—ly
DR. J. L. MARBOURG, Having
permanently located, respectfully tenders
his professional services to the citizens of Bedford
and vicinity.
Office on Juliana street, east side, nearly opposite
the Banking House of Reed A Schell.
Bedford. February 12, 1864.
F C. N. HICKOK, | J. G. MINNICH. JR., |
DENTISTS,
BEDFORD, PA.
Office in the Bank Building, Juliana St. I
All operations pertaining to Surgical or Me
ehanieal Dentistry carefully performed, nnd war- !
ranted. Tooth Powders and mouth Washes, ex- I
cellent articles, always on hand.
TKRMS—CASH.
( Bedford. January 6,1865. i
RP R IUM PI IN ITENTISTRY!
TEETH EXTRACTED WITHOUT PAIN,
by the use of Nitrous Oxide, and is attended with
no danger whatever.
TEETH INSERTED
upon a new style of base, which is a combination
of Gold and Vulcanite ; also, upon Vulcanite, Gold,
I Platina and Silver.
TEMPORARY SETS inserted if called for.
Soecial attention will be made to diseased gums
and a cure warranted or no charge made.
TEETH FTLLRD to last for life, and all work
in the dental line done to the entire satisfaction of
all or the money refunded. Prioes to correspond
with tho times.
{#■ I have located permanently in Bedford,
ajvi shall visit Schellsburg the Ist Monday of each
month, remaining one week ; Bloody Run the 3rd
Monday, remaining one week ; the balance of my
< time I can he found at my offi.'e, 3 doors South of
the Court House. Bedford. Pa.
nov.l6.'6rt. WM. W. VAN ORMER^DentLt.
DR. 11. VIRGIL POR PER,
(late of New York City,)
DENTIST,
Would respectfully inform his numerous friends,
• and the public generally, that he has located per
manently in Bloody Run, where he may be found
at all times prepared to insert full or partial sets
of his BKAi TIPRL ARTIFICIAL TEETH on new and
improved principles.
Teeth filled in a superior manner.
Teeth extracted without pain.
All operations warranted. feblstf.
DAN TEL BORDER,
PITT STREET, TWO DOORS WEST OF THE BED
FORD HOTEL, REDFORD, PA.
MATCHMAKER AND DEALER IN JEWEL
RY. SPECTACLES, AC.
He keeps on hand a stock of fine Gold and Sil
er Watches. Spectacles of Brilliant Double Re
ined Glasses, also Scotch Pebble Glasses. Gold
Watch Chains, Breast Pins. Finger Kings, best
quality of Gold Pens. Ho will supply to order
any thing in his line not on hand.
Get. 20, 1865-
T) It INTERS' IN K has made many a
JT business mtm rish We ask you to try it in
THS •AoWtans of THE GAZETTE
2l)c BcDforfc
BY MEYERS & MENGEL.
pnt*>ootls, ftrorrrifsi, &r,
# # # v* *
# * * * *
1 XT EW GGODS! FALL & WINTER!
i
The undersigned have now opened a large and
general assortment of
FALL AND WINTER GOODS,
FALL AND WINTER GOODS,
j to which they respectfully invite the attention of
buyers, confident they can offer
| BARGAINS! BARGAINS!
BARGAINS!
BARGAINS! BARGAINS!
In every department,
tif CALL AND EXAMINE OUR STOCK.
You can be SUITED at the LOWEST PRICES.
TERMS:
£~jf CASH or PRODUCE. When credit is
IZgf given, in ALL cases after six
I3P MONTHS, interest will be
Ijf' charged in the
account.
A. B. CRAMER A CO.
******
♦ ♦ .. ♦ * *
oct26
GOODS! NEW GOODS
A large and complete stock of
FALL AND WINTER GOODS,
just received and opened at J. M. SHOEMAKER'S,
No. 1 Anderson's Row—bought just at the right
time.
The following comprise a few of our goods t
DRY GOODS:
Calicoes. Delaines. Coburg Cloths. French Meri
noes, Alpacas, Flannels, Ginghams, all wool De
laines, all colors, large stock of and un
bleached Muslins, Cloths, Cassimeres, Satinetts,
Jeans, Tweeds, Ac., Ac.
BOOTS AND SHOES:
A large assortment of Men's and Boys' Boots and
Shoes Ladies' Misses' and Children's Boots. Shoes
and Gaiters, all prices, and sizes to suit everybody. |
CLOTHING:
A very large stock of Men's and Boys' Coats, Pants j
and Vests, all sizes, and prices to suit the times.
HATS AND CAPS :
A complete assortment of all kinds, sizes and
prices.
GROCERIES, SPICES, Ac.:
Coffee, Sugar, Lovering and other Syrups, Molas- '
ses, Tea, Rice, Tobacco, Spices, Ac."
LEATHER:
A prime article Sole Leather, Calf Skins, Kip and
Upper Leather and Linings.
COTTON CHAINS,
Single and Doable, all numbers, cheap.
CEDAR AND WILLOW WARE,
Tubs, Buckets, Brooms, Baskets, Ac.
Call and see our stock of Hoods and be convinced
that No. 1 Anderson's Row. is the place to get
bargains. J. M. SHOEMAKER.
5ep.28,'66.
VKW STORE!! NEW GOODS!!
IN
MILL-TOWN,
two miles West of Bedford, where the subscriber
has opened out a splendid assortment of
Dry-Goods,
Groceries,
Notions,
Ac., Ac.
All wbich will be sold at the most reasonable
prices.
Dress Goods, best quality. Everybody buys 'em.
Muslins, " '• Everybody buys "em
Groceries, all kinds. Everybody buys 'em.
ilsrd ware, Queensware, Glassware, Codarwnre.Ac.
and a general variety of everything
usually kept in a country store.
Everybody buys 'em.
Call and examine our goods.
dec7,'66. G. YEAGKR
j 1807. p - - ]86,:
AT t* AGAIN!
AND
! A rare CHANCE for BARGAINS!
JAMES B. FARQUHAR
I Is pleased to state to his friends and former custo
mers, that he has
RESUMED BUSINESS IN BEDFORD,
at the well known P. A. Reed stand, opposite the
Bedford Hotel, where he is prepared to sell
everything in his line,
CHEAPER THAN THE CHEAPEST!.
He has a full line of
Dry-Goods,
Ready-Made Clothing,
Boots and Shoes,
which have been purchased at very low prices, and
will be sold at a very small advance.
LJ?" Call and examine our stock.
" jan,18,'67.
GTTFCJRR*.
JACOB REST), | J. J- SCHELL,
REED AND SCHELL,
Bankers and
DEALERS IN EXCHANGE,
BEDFORD. PA.,
DRAFTS bought and sold, collections made and
money promptly remitted.
Deposits solicited.
RUTIN* SHANNON, BANKERS,
BEDFORD, PA.
BANK OF DISCOUNT AND DEPOSIT.
COLLECTIONS made for the East, West, North
and South, and the general business of Exchange
transacted. Notes and Accounts Collected and
Remittances promptly made. REAL ESTATE
bought ana sold. febß
J) ICHAIID LEO,
Manufacturer of
CABINET-WARE, CHAIRS, AC.,
BEDFORD, PA.,
The undersigned being engaged in the Cabinet
making business, will make to order and keep
hand everything in his line of manufacture.
BCRKANS, DRESSING STANDS, PARLOR AND EXTEN
SION TABLES. CHAIRS. BEDSTEADS. WASH
STANDS, AC., AC.,
will be furhished at all prices, and to suit every
taste. COFFINS will also be made to order.
attention paid to all orders for work.
on West Pitt Street, nearly opposite
the residence of George Shuck.
July 10, ISJS -tf RICHARD LEO
!®hc IBdfowl (feftte.
to.
THE PRESIDENT'S VETO OF THE MIL
ITARY RECONSTRUCTION BILL.
WASHINGTON, March 2.—The fol
lowing is the message of the President
of the United States, returning to the
House of Representatives a bill entitled
"an act to provide for the efficient gov
ernment of the rebel States
| To the House of Representatives:
I have examined the bill to provide
1 for the more efficient government of
the rebel States with the care and anx
iety which its transcendant importance
|is calculated to awaken. lam unable
to give it my assent, for reasons so
grave that I hope a statement of them
i may have some influence on the minds
| of "the patriotic and enlightened, with
whom the decision must ultimately
rest. The hit/ places alt the people of the
I ten States therein named under absolute
j domination of military rulers , and the
preamble undertakes to give the reas
ons upon which it is justified. Itde-
I elares that there exists in those States
| no legal government and no adequate
j protection to life or property, and asserts
; the necessity of enforcing peace and
; good order within their limits. It is
1 true, as a matter of fact, that it is not
I denied that the States in question have
j each of them an actual government with
; all the powers executive, judicial and
j legislative, which properly belong to a
I free State. They are organised like
j other States of the Union, and like
j them, they make, andminister and ex
i ecute the iaws which concern their do-
I mestic affairs. An existing de facto
! government exercising such functions
; as these, is itself the law of the State up
; on all matters within its jurisdiction.
1 To pronounce the supreme law-making
I power of an established State illegal, is
to say that, the law itself is unlawful.
! The provisions which these govern
i ments have made for the preservation
of order, the suppression of crime and
! and the redress of private injuries, are
1 in substance and principle the same as
, those which prevail in Northern States
i and other civilized countries, they cer
tainly have not succeeded in prevent
; ing the commission of all crime, nor
I has this been accomplished anywhere
iin the world. There, as well as else
j where, offenders sometimes escape for
) want of vigorous prosecution, and occa
■ sionally perhaps by the inefficiency of
i courts or the prejudice of jurors. It is
j undoubtedly true that these evils have
I much increased and aggravated North
! and South by the demoralizing influ-
I ence of civil war and by the rancorous
i persons which the contest has engen
i tiered; hut that these people are main
j taing local governments for themselves
j which habitually defeat the object of
all government and render their own
: lives and property insecure, is in itself
j utterly improbable, and the averment
I of the bill to that effect is not supported
• by any evidence which has come to my
| knowledge. All the information I have
jon the subject convinces me that the
i mass of the Southern people and those
who control their public acts, while
; they entertain diverse opinions on the
questions of policy are completely uni
ted in their effort to reorganize their
society on a basis of peace, and restore
mutual prosperity as rapidly and as
| completely as their circumstances will
permit. The bill, however would seem
to show upon its face that the estab
lishment of peace and good order is not
its real object. The fifth section de
clares that the preceding sections,shall
cease to operate in any State where cer
tain events have happened. Theseare:
First, the selection of delegations to a
State convention by an election, at
which negroes shall he allowed to vote.
Secqnd, The formation of a State Con
stitution by convention so chosen. :>d.
The insertion into the State Constitu
tion of a provision which will secure
rights of voting, at all elections, to ne
groes and such white men as may not
be disfranchised for rebellion or felony.
4th. The submission of the Constitu
tion for ratification to negroes and
white men not disfranchised, and its
actual ratification by their vote. sth,
The submission of the State Constitu
tion to Congress for the examination
and actual approval of it by that body.
Gth. The adoption of certain amend
ments to the Federal Constitution hv a
vote of legislation elected under the
new Constitution. 7th, The adoption
of said amendment by a sufficient num
ber of other States to make it a part of
the Constitution of the United States.
All these conditions must be fulfilled
before the people of any of these States
can be relieved from bondage by mili
tary domination ; but when they are
fulfilled then the pains and penalties of
the bill are to cease, no matter wheth
er there be peace and order or not,
without reference to the security of life
and property. The excuse given for
the bill in the preamble is admitted by
the bill itself not to be real. The mili
tary rule which it establishes is plainly
to be used, not for any purpose of order
and the prevention of crime, but solely
as a means of coercing the people into
the adoption of principles and meas
ures to which it is known they are op
posed, and upon which they have an
undeniable right to exercise their own
judgment. I submit to Congress wheth
er this measure is not in its whole
scope and object without precedent and
without authority, in palpable conflict
with the plainest provisions of the
Constitution, and utterly destructive
to those great principles of liberty and
humanity for,which our ancestors on
both sides of the Atlantic shed so much
blood and expended so much treasure.
The ten States named in the bill are
divided into five districts. For each
district an officer of the army not below
the rank of Brigadier General is to be
appointed to rule over the people, and
he is to be supported with an efficient
military force to enable him to per
form his duties', and that the authority
as defined by the third section of the
bill is to protect all persons in their
rights of person and property, to sup
press disorder and violence, and to pun
ish all disturbers of the public peace or
criminals. The power thus given to
the commanding officer over all the
people of each State, is that of an abso
lute monarch. His mere will is to take
the place of all law. The law of the
States is the only rule applicable to the
subject placed under his control, and
that is completely displaced by the
clause which declares all interference
of the State authority to be null and
void, lie alone is permitted to deter
mine what are the rights of person and
property. He may protect them in
such way as in his discretion may seem
proper. It places at his free disposal
all the lands and in his district-
He may distribute them without let or
BEDFORD, PA., FRIDAY MORNING, MARCH 15, 1867.
hindrance to whom he pleases, being
hound by no State law. And there be
ing no other law to regulate the sub
ject, he may make a criminal code of
his own, and he can make it as bloody
as any recorded in history ; or he can
! reserve the privilege of acting on the
impulse of his private passions in each
case that arises. He is bound by no
rules of evidence. There is indeed no
! provision by which he is authorized or
required to* take evidence at all. Ev
erything is a crime which he chooses
to'call so, and all persons are condemn
ed whom he pronounces guilty. He is
not bound to make any report or keep
any record of his proceedings. He may
arrest his victim wherever he may find
him without a warrant of accusation
or proof of the probable cause. If he
gives them a trial before he inflicts the
punishment, he gives of his own grace
and mercy, not because he is comman
ded so to do. To a casual reader of the
bill it might seem that some kind of a
trial was secured to persons accused of
crime; but such is not the case. The
1 officer may ask local or civil tribunals
j to try offenders; but of course this does
not require that he shall do so if any
State or Federal tribunal presumes to
exercise its legal jurisdiction by trial of
a malefactor; without his special per
mission he can break it up and punish
the judges and jurors as being them
selves malefactors, he can save his
friends from justice and despoil his en
emies contrary to justice. Itis also pro
vided that lie shall have power to or
ganize a military commission or tribu
nals; but this power is not cammanded
—it is merely permissive, and is to
be used only when in his judgment it
may be necessary for trial of offenders,
even if the sentence of a commission
were made a prerequisite to the pun
ishment of a party, it would be scarcely
theslightest ckeck upon the officer who
has authority to organize it as he pleas
es, and prescribe its mode of proceed
ings and the appointments of its mem
bers from his own subordinates and re
vise all its decisions instead of mitiga
ting the harshness of his single rule.
Such a tribunal would be used much
more probably to divide the responsi
bility of making it more cruel or un
just. Several provisions dictated by
the humanity of Congress, have been
inserted in the bill, apparently to re
strain the power of the commanding
officer; but it seems to me that they are
of no avail for that purpose. The fourth
section provides, first, That the trials
shall not be unnecessarily delayed; but
I think I have shown that the power is
given to punish without trial, and if so,
this provision is practicably inopera
tive. Cruel or unusual punishment is
not to be inflicted, but who is to decide
what is cruel or usual or unusual. The
words have acquired a legal meaning
by long use in the courts. Can it be
expected that military officers will un
derstand it and follow a rule in lan
guage so purely technical, and not per
taining in the least degree to their pro
fession. If not, then such officers may
define cruelty according to his own
temper, and if not usual he will make
it usual. Corporeal punishment, the
gag, the ball and chain, and other
almost insupportable forms of torture
invented for military punishment will
be within range of his choice. Third,
that the sentence of a commission is
not to be executed without approval by
the commander if it affects lifeor liber
ty, and a sentence of death must be ap
proved by the President. This applies
to eases in which there has been a trial
and sentence. I take it to be clear un
der the bill that military commanders
may condemn to death without even
form of trial by a military commission,
so that the life of the condemned may
depend on the will of two men instead
of one. It is plain that the authority
here given to military officers amounts
to absolute despotism, but to make it
still more unendurable, the bill pro
vides that it may be delegated to as
many subordinates as he chooses to ap
point, for it declares that "heshall pun
ish or cause to be punished." Such a
power has not been wielded by a mon
arch in England for more than five
hundred years. In all that time no
people who speak the English language
have borne such servitude; it reduces
the whole population of the ten States
—all persons of every color, sex or con
dition and every stranger within their
limits—to the most abject and degra
ding slavery. No master ever had a
control so absolute over his slaves, as
this bill gives to military officers over
both white and colored persons. It
may be answered to this, that officers
of the army are too magnanimous,just
and humane, to oppress and trample
upon a subjugated people. I do not
doubt that army officers are as well en
titled to this confidence as any other
classof men; but the history of the world
has been written in vain if it does not
teach us that unrestrained authority
can never be safely trusted in human
hands—it is almost sure to be more or
less abused under any circumstance,
and it has always resulted in gross tyr
anny where rulers—who are strangers
to their subjects, and come amongthem
as representatives of a distant power,
and more especially when the power
that sends them is unfriendly. Gov
ernments closely resembling that here
proposed, have been fully tried in Hun
gary and Poland, and the suffering en
dured by those people aroused the sym
pathies of the entire world. It was
tried in Ireland, and though first tem
pered by principles of the English law,
it gave birth to cruelties so atrocious
that they are never recounted without
just indignation. The French conven
tion armed its deputies with this pow
er, and sent them to Southern depart
ments of the republic. The massacres,
murders and other atrocities which
they committed show what the pas
sions of the ablest men in most civili
zed society will attempt to do when
wholly unrestrained by law. The men
of our race in every age have struggled
to tie up the handsof theirgovernments
and keep them within law, because
their own experience of all mankind
taught them that rulers could not be
relied on to concede those rights which
they were not legally bound to respect.
The heao of a great empire has some
times governed with a mild and pater
nal sway, but kindness of an irrespon
sible deputy never yields what law does
not extort. Between such a master and
the people subjugated to his domina
tion their can be nothing but enmity.
He punishes them if they resist his au
thority, and if they submit he hates
them for their servility.
I come now to the question which is,
if possible, still more important. Have
we power to establish and carry into
execution a measure like this? I an
swer: certainly not. If we derive our
authority from the Constitution, and if
we are bound by the limitations which
it imposes, thi6 proposition is perfectly
i' dear that no branch of the Federal
Government, executive, legislative or
j judicial, can have any just powers, ex
cept those which it derives through,
! and exercises under, the organic law of
the Union. Outside of the Constitution
we have no legal authority more than
1 private citizens, and within it we have
only so much as that instrument gives
1 us. This broad principle limits all our
functions and applies to all the subjects
iit protects—not only the citizens of the
United States which are within the U
nion—but shields every human being
who comes or is brought under our ju
risdiction. We have no right to* do
more in one place than in another, that
which the Constitution says we shall
not do at all. If therefore the Southern
States were in truth out of the Union,
we could "not treat them in away which
the fundamental law forbids.* Some
people assume that the success of our
arms in crushing the opposition, which
was made in some States to the execu
tion of the Federal laws, reduced those
States and their people, innocent as
well as guilty, to a conditioft of vassal
age, and gave us a power over them,
which the Constitution does not bestow
or define or limit. No fallacy can be
more transparent than this. Our vic
tories subjected the insurgents to legal
obedience, not totheyokeof an arbitra
ry despotism. When an absolute sov
ereign 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 a rebellion he must govern
according to law.
If any insurrection should take place
in one of our States against the authori
ty of the State government and end in ;
the overthrow of those who planned it, |
it would take away the rights of all the
people of the counties where it was fa
vored by a part of a majority of the
population, could they for such a reas
on be wholly outlawed and deprived of ;
their representation in the Legislature.
I have always contended that the Gov- j
eminent of the United States was sov- i
ereign within its Constitional sphere
that it executed its laws like the States
themselves, by employing its coercive
powers directly to individuals—and
that it could put down insurrection
with the same effect as a State, and no
other. An opposite doctrine is the
worst heresy of those who advocate se
cession, and cannot be agreed to with
out admitting that heresy to be right.
Invasion, insurrection and domestic vi
olence were anticipated when the gov
ernment was framed, and means of re
pelling and suppressing them were
wisely provided for in the Constitution;
but it was not thought necessary to de
clare that States in which they might
occur should He expelled from* the U
nion. Rebellions which were invaria
bly suppressed occurred prior to that
out of which these questions grow, but
the States continued to exist and the
Union remained unbroken. In Mas
sachusetts, in Pennsylvania, in Rhode
Island, and in New York at different
periods in our history, violent and
armed opposition to the United States
was carried on, but the relations of
those States with the Federal Govern
i ment were not supposed to be inter
; ruffed or changed after the rebellious
portions of their population were de
feated and put down. It is true that
in these earlier cases there was no for
mal expression of a determination to
withdraw from the Union, but it is al
so true that in the Southern States the
ordinances of secession were treated by
all friends of Union as mere nullities,
and are now acknowledged to be so by
the States themselves. If we admit
that they had any force or yalidity, or
that they did in fact take the States in
which they were passed out of the U
nion, 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 govern
ment. This bill was passad in Congress
in time of peace. There is not, in any
one of the States brought under its op
eration, either war or insurrection; the
laws of the State and of the Federal
Government are in undisturbed and
harmonious operation, the Courts—
State and Federal—are open and in full
exercise of their proper authority over
every State comprised in the five mili
tary districts. Life, liberty and prop
erty, are secuted by State laws and
Federal laws, and the National Consti
tution is everywhere in force, and ev
erywhere obeyed. What then is the
ground on which this bill proceeds?—
The title of the bill announces that it
is for the more efficient government of j
these ten States. It is reiterated byway
of preamble that no legal State govern
ments, nor adequate protection for life
or property exist in those States, and
that peace and good order should thus
be enforced in them. The first thing
that .arrests attention upon these reci
tals, which prepare the way for mar
tial law, is this: That the only foun
dation in which martial law can exist
under our form of government is not
stated or so much as pretended. Actual
war, foreign invasion, or domestic in
surrection —none of these appear and
none of these in fact exist. It is not
even recited that any sort of war or in
surrection is threatened. Let us pause
here to consider upon this question of
constitutional law and the power of
Congress. The recent decision of the
Supreme Court of the United States in
the ex parte Milligan. I will first quote
from the opinion of the majority of the
court. "Martial law cannot arise from
threatened invasion. The necessity
must be actual and present, and the in
vasion real, such as to effectually close
the courts and depose the civil author
ities." We see that martial law comes
in only when actual war closes the
courts and deposes civil authority. But
this bill in time of peace makes martial
law operate as though we were in actu
al war, and becomes the cause instead
of the consequence of abrogation of civ
il authority. One more quotation : It
follows from what has been said on
this subject that there are occasions
when martial law can be properly ap
plied; if in civil or foreign war thecourts
are actually closed and it is impossible
to administer justice according to the
law, then, on the theatre of military
operations where war really prevails
there is a necessity to furnish a substi
tute for the civil authority thus over
thrown to preserve the safety of army
and society. And as no power is left
but the military, it is allowed to govern
by martial rule until the laws can have
their free course.
I now quote from an opinion of a
minority of the court, delivered by Chf
Justice Chase: "We by no means as
sert that Congress can establish and
apply the laws of war where no war
has been declared or exists. Where
pence exists the laws of peace must pre
vail." This is sufficiently explicit.
Peace exists in all the tefrrifory to which
VOL. 61.—WHOLE No. 5,384.
this bill applies. It asserts a power in
Congress in time of peace to set aside
laws of peace and substitute laws of
war. The minority concurring with
the majority declares that Congress
does not possess that power. Again,
and if possible more emphatically, the
Chief Justice with remarkable clear
ness and condensation sums up the
whole matter as follows: Thereare un
der the Constitution three kinds of
military jurisdiction; one to be exercis
ed both in peace and in war, another to
; bo exercised in time of foreign war
; without the boundaries of the United
| States or during a rebellion within the
' limits of the States maintaining adhes
: ion to the national Government when
public danger requires itsexercise. The
first of these may be called jurisdiction
to render military law, and is found in
the acts of Congress prescribing rules
and articles of war, or otherwise pro
viding for the government of the na
tional forces. The second may be dis
! tinguished as military government,
j superceding, as far as many be deemed
1 expedient, local law, and exercised
! by the military commander, under
direction of the President, with express j
[or implied sanction of Congress. The }
j third may be denominated as martial |
j law proper, and is called into action by
j Congress, or temporarily when the ac
tion of Congress cannot be invited, and
in case of justyfying or excusing peril,
by the President in times of insurrec
tion or invasion of civil or foreign war,
within districts or localities where or
dinary law no longer adequately insure
the public safety.
It will be observed that of the three !
kinds of military jurisdiction which I
j can be exercised or created under our
j Constitution, there is but one that can
prevail in time of peace, and that isthe
; code of laws enacted by Congress for
I the government of the National forces,
i That body of military law has no ap
| plication to the citizen, or even to the
| citizen soldier enrolled in the militia
iin time of peace. But this bill is not a
! part of that sort of military law, for
that applies only to the soldier, and
not the citizen; while contrawise the
military law provided by this bill ap- !
plies only to the citizen,'and not to the I
soldier. 1 need not say to the represen- j
tatives of the American people that •
their Constitution forbids the exercise !
of judicial power in any way but one, !
and that is by the ordained and estab
lished courts. It is equally well known
that in all criminal cases atrial by jury
is made indispensable by the express
words of that instrument. I will not
enlarge on the inestimable value of the
right thus secured to every freedman,
or speak of danger to public liberty in
all parts of the country, which must
ensue from a denial of It anywhere or
upon any pretence. A very recent de
cision of the Supreme Court has traced
the authority, vindicated the dignity
and made known the value ofthis priv
ilege so clearly that nothing more is
needed. To what extent and violation
may be excused in time of war or pub
lic danger may admit of discussion;
but we are providing now for a time of
profound peace. When there not an
armed soldier within our borders ex
cept those who are in the service ofthe
Government. It is in such acondition
that an act of Congress is proposed,
which if carried out, would deny a trial
by lawful court and juries to millions
of American citizens and to their pos
terity for an indefinite period. It
seems to be scarcely possible that any
one should scarcely believe that this is
consistent with a Constitution, which
declares in simple, plain and unambig
uous language, that all persons shall
have that right, and that no person
shall evenin any case be deprived of it.
The Constitution also forbids the arrest
of a citizen without a judicial warrant,
foundation or probable cause. This
bill authorizes the arrest without a
warrant at the pleasure of a military
commander. The Constitution declares
that no person shall be held to answer
for a capital or otherwise infamous
crime, unless on presentmentby a grand ;
jury.
This bill holds every person not a j
soldier answerable for all crimes and;
all charges without any presentment.
The Constitution declares that no per
son 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 to his life to the will of
two. Finally the Constitution declares
that the privilege ofthe writ of habeas
corpus shall not be suspended unless
when in case of rebellion or invasion |
the public safety may require. Where
as this bill declares martial law, which
of itself suspends this great writ in
time of peace and authorize the milita
ry to make the arrest and gives to the
prisoners only one privilege, and that
JS a trial without unnecessary delay.
He has no hope of release from custody
except the hope, such as it is, of a re
lease by acquittal before a military
commission. The United States are
tound to guarantee to each State a .Re
publican form of government. Can it
be pretended that this obligation is not
palpably broken if we carry out a meas
ure like this; which wipes away every
vestige of a republican government in
the ten states and puts the life, proper
ty, liberty, and honor of all the people
in each of them under the domination
of a single person clothed with unlimit
ed authority. The Parliament of Lng
land exercising the great power which
it claimed; which was accustomed to
pass bills of attainder, that is to say: It
would convict men of treason and oth
er crimes by legislative enactment; the
person accused had a hearing, some
timesa patient and fair one, but gener
ally party prejudice prevailed instead
of justice. It often became necessary
for Parliment to acknowledge its error
and reverse its own action. The fath
ers of our conntry determined 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 any bill of at
tainder. It is, therefore impossible for
any person in this country to be consti
tutionally convicted or punished for
any crime by a legislative proceeding
of any sort. Nevertheless, here is a
bill of attainder against nine millions
of people. It is based upon an execu
tion so vague as to be scarcely intelli
gible, and found to be true upon no
credible evidence. Not oneof the nine
millions was heard in his own de
fence. The representations ofthe doom
ed parties were excluded from all par
ticipation in the trial. The conviction
is to be followed by the most ignomin
ious punishment everinflicted on large
ma-sesof men. It disfranchises them
by hundreds of thousands, and degrades
them all, even those who are admitted
to be guilty, from the rank of freemen i
to the condition of slaves. The purpose
and object of the bill, the general intent
which prevails from beginning loend
is to change the entire structure and
character of the State governments and
compel them by force to the adoption
of organic law and regulation, which
they are unwilling to adopt.
If left to themselves, the negroes will
not ask for the privilege of voting.
The vast majority of them have no idea
of what it means. This not only
thrusts it into their hands, but compels
; them as well as whites to use it in a
, particular way, and if they do not form
. a constitution with prescribed articles
in it, and afterwards elect a legislature
which will act on certain measures in
the prescribed way, neither blacks nor
whites can be relieved from the slavery
which the bill imposes upon them.
Without pausing here to consider the
policv or impolicy of Africanising the
Southern part of our territory, I would
simply ask the attention of Congress to
that manifest, wel'-known and univer
sally acknowledged ruleofConstitution
al law, which declares that the Federal
Government has no jurisdiction, au
thority or power to regulate such sub
jects for any State. To force the right
of suffrage out of the handsofthe white
people, and into the hands of negroes,
is an arbitrary violation of this princi
ple.
This bill imposes martial lawatonce,
and its operation will begin so soop as
the General and histroopscan be placed.
The dread alternative between its harsh
rule and compliance with the terms of
this measure is not suspended, nor are
the people afforded any time for free
deliberation. The bill says to them
i take martial law first and then deliber
! ate. And when they have done all
I that this measure requires them to do,
other conditions and contingencies, ov
er which they have no control, yet re
main to be fulfilled before they can be
relieved from martial law. Another
Congress must first approve of the Con
stitution made in conformity with the
will ofthis Congress and must declare
these States entitled to representation
in both Houses. The whole question
! remains open and unsettled and must
again occupy the attention of Congress,
and in the meantimetheagitation which
now prevails will continue to disturb
all portions of the people. The bill al
so denies the legality of the govern
ments of the ten States which partici
pated in the ratification of the amend
ment to the federal Constitution abol
ishing slavery forever within the juris
diction of the United States, and practi
cally excludes them from the Union.
If this assumption ofthebillbe correct,
their concurrence cannot be considered
,as having been legally given, and the
! important fact is made to appear that
i the consent of 3-fourths of the States,
i the requisite number, has not been con
; stitutionly obtained to the satisfaction
lof that amendment, thus leaving the
question of slavery where it stood be
fore the amendment was officially de
clared to have become apart of the Con
stitution. That the measure proposed
by this bill violates the Constitution in
the particular mentioned, and in many
ways, (will not enumerate,) is too clear
to admit of the least doubt. It only
remains to consider whether the injunc
tion of theinstrumentoughttobe obey
ed or not. I think they ought to be
obeyed for reasons which I will pro
ceed to give as briefly as possible. In
the first place it is the only system of
free government which we can hope to
have as a nation when it ceases to be
the rule of our conduct; we may per
haps take our choice between complete
anarchy, a consolidated monarchy and
a total dissolution of the Union; but
National Liberty, regulated by law,
will have passed beyond our reach. It
is the best form of government the
world ever saw. No other is, or can be
so well adapted to the genius, habits
or wants of the American people. Com
bining the strength of the great empire
with the unspeakable blessings of local
self-govmiments, having a controlling
power to defend the general interests,
and recognizing the authority of the
State as the guardians of Industrial
rights. It is the spot-anchor of our
safety abroad and our peace at home.
It was ordained to form a more perfect
Union,e-tablishjustice, insure domestic
tranquility, promote the general wel
fare, provide for the common defense,
and secure the blessings of liberty to
ourselves and our posterity. These
great ends have been attained hereto
fore and will be again by faithful obed
ience to it, and they are certain to be
lost if we treat with disregard itssacred
obligations. It was to punish the gross
crime of defying the Constitution and
vindicate its supreme authority, that
we carried on a bloody war of four yea: 8
duration. Shall we now acknowledge
that we sacrificed a million of livesand
expended billions of treasure to enforce
a Constitution which is not worthy of
respect and preservation?
Those who advocated the right of se
cession alleged, in their own justifica
tion, that we had no regard for law,
and that their right of property, life
and liberty would not be safe under
the Constitution as administered by
us. If vvenow verify their assertion,
we prove they were in truth and fact
fighting for their liberty, and instead of
branding their leaders with the dishon
oring name of traitors against a right
eous, legal, government, we elevate
them in history of self-sacrificing patri
ots, consecrate them to the admiration
of the world, and place them by the
side of Washington, Hampden and
Sidney.
No. Let us leave them to the infamy
they deserve, punish them as they
should be punished according to law,
and take upon ourselves no share of a
Union which they should bear alone.
It is a part of our public history which
can never be forgotten, that both
Houses of Congress in July, 1861, de
clared in the form of a solemn resolu
tion, that war was and should be car
ried on for no purpose of subjugation,
but solely to enforce the Constitution
and laws, and when this was yielded
by parties in rebellion, and control
should cease with the constitutional
rights of the States and individuals un
impaired. This resolution was adopt
ed and sent forth to the world unani
mously by the Senate, and with only
two dissenting voices in the House. It
was accepted by the friends of the Un
ion in the South as well as in the North,
expressing honestly and truly the ob
ject of the war. On the faith of it many
thousand persons in both sections who
gave their lives and fortunes to the
cause to repudiate it. Now, by refus
ing to theStatesand individuals within
them the rights which the Constitution
and laws of the Union would secure to
them, is a breach of our plighted hon
or, for which I can image no excuse—
to which I cannot voluntarily become
a party. The evils which spring frpm
the unsettled state of our Government'
will be acknowledged by all. Commer
cial intercourseis impeded; capital is in
constant peril; public securities fluctu
ate in value; peace itself is not secure,
and the sense of moral and political du
ty is impaired to avert these calamities
from the country. It is imperatively
required that we should form some
course of administration which can be
steadfastly adhered to. I am thorough
ly convinced that any settlement or
compromise or plan of action which is
fncdnstetent with the principles of the