VOL. XXXI.
OFFICER!! OF COLUMBIA CO.
President Judge—Hon. Wallin' Elwell.
tun Derr,
Associate Judges— l'etor 'llerbein.
Proth'y and Cl' k of Courts—Jesse Coleman.
Register and Recorder—John G. Freeze.
Allen Mann
Commissioners-- John F. Fowler,
I Montgomery Cole.
Sheriff—Samuel Snyder.
Treasurer—John J. Stiles.
( Daniel Snyder,
Auditors— L B Bova,
(John P. Manner..
Commissioner's Clerk—Win. Krickbaum.
Commissioner's Attorney—E. 11. Little.
Mercantile Appraiser—Capt. Geo. W. Cm
County Surveyor--Isms A. Dewitt.
District Attorney—Milton M. 'Trough.
Coroner—W Mimi; 3,
County 'Superintendent—Chas. G. Barkley,
Assessor Internal Revenue B. F. Clark.
Thonia.,
Assistant Assessor— it Diemer,
'
1.
(J. &Moods.
Collector—Benjamin V. Ilart man.
N EW STOVE AND TIN SHOP
M rrn ex:T. r. ARIA' OrPOSITI:
M I L LER'S STORE; uwomsoual. PA.
TIM tindertioted hom pint fitted up, rand open. d,
Li 4 1447Y4
ANS) TIN " 1 114/P,
in thia pletee. where he is prepared In hinke nil !OW
l ir %V AN , . 311 ktodo in hi. 1111 0 ,1111 , 1 do rePitit ,
04 aOh neatness hml dt 4 p hprth the MOO red.
oadtahie lerw.. Ito ts 1 , 0 kv11,4 , m 'Hind sTovE.4 ot
vuttimo pattern. and t•tyle«, Hittch he Will sell ttvuh
trriti4 tv Nhit otnehu.-r4.
tht , “ • IA 3 rool Ukch3MC, am!
IPPIViOg it . t. 0.14 iC rattuttitge,
JACtin METZ.
oomvbitre. Pew. 9, y
LOT noTEL,
Ep.py, Cu Imembia Co. Pa.
The undersigned ha vitt: tiikerinin snlo timpriy4n,
kinitso am, Enntreniently Incat.ni stand,
testieettnlty intnrma iris friends. and the innoie in
general, that be Ines put his ivinse In COmpf et ot otaer
for the atentinnoa.lion °rho:lantern, and for the V.C , f ,
lion Mid 1,1110M110111 ,1 .1 of tray, i erii who way feel
diripionnif to favor it with choir euntnm, expenss
has heel: crated in prep:eine 110.11,1.0 for th ,, ent, r
tr,inn w ni ni vie.t r g, and tunhti shill Ito wanting, on
his ir rt. to miniiiitur In tinor tcrsauul eiiiiiroit The
leeeali+ro, as w+il as tire building, I. It good one. and
ah togridtei to nattily .twanged to ritra,ti
AIUM4Y.
raspy. April 11, Vl34.—tr.
PLASTER FOR SALE
The undersigned is about fitting up 4
t'l'9NArtt Nitta 9, a n d oft...t to
Otte 1 9 9 , 1te oNk: 11CNIntED 'Joss itEsL•
No via Scotia White Plaster•,
prop it red witty fur lino in intintitieii to snit iiiirchrin
tin, at any time aunt the tent of March 114'1 ,
J.
ent4w 'set, 1i417
BOOT AND SHOE SHOP
OSCAR GIRTON,
ii— p ,tr u ily iurlrma tho polilie that he is now'pre
pared to ovinetfactote koolo of
SOOTS AND SHOES,
I Sbo at the LOWEST Basilic [Wow
at Atari notice and in the very brut and Into st stvl,l
Mr. Girton. On ie will.known in thoonintritro,y ha
had UMW/ ria4 of nary e ,, f0l exp, ri. ore with a rep.
tontion for wont woik, iittranity and tionorahla deat•
log nosurptinned.
tar Par* • f bo.itotse oa Snoth c3,:t Corner or
Mom and Iron Pbtreein. over J. K.Girtno'n Rorn.
Woonisborg. 00. in, Imo;
FORKS HOTEL,
GEO. W. itlArGEit, Proprietor.
The shove well known hotel has recently under
vane radical changer in its internal torY alleenW;tte,
end ifs proprietor POROlltites to his tomer rholotti
and the travellint pindie that his rterohilthhhtielitr
lot the comfort Of btu auelotg ;Olt .erettlit tb tUrtlf+ to
the country. His table will always he Toned sap
piled, not pni) WM) Ithh , sthritittl food, hot with al
the delicacies of the son-on. Ills wine end liquor!
( cu ppr twit poputur {lever:inn known as ...Mr Mary',
purebased dimet Tenn the tinhottiftp hothtes. ere en
tirely pure, and free fri to till poironoile drugs. Ile
is thankful for n liberal patronage in the pilot, and
will coattaila to deserve it In the ( a ttire,
GE ORG& W. MAUGER.
June 13.18613,—tf.
MACHINE ANP REPAIR SIIOP.
THE end•t.ilfe4 "toad twit re•p•rifoity sok.
linen,. In the pilaw setioratly, that he to prt•pered
in t•trcmt. nil kinds of MACI(INEH V. et JuPIEPIR
HHAIIPLES , FOR:NiDHY .in Irpout.burg, wh«re hr
tin .two. be rowan ready to .In •il Mundt ..f r••petr-
Ine. tntimloo: •Phreohloe Ma Wars. and
to+Aort, all
►male al Farming I'l, net'.. ALSO. TL'IOHNI.; .4NU
FIIING et , or CASI'INO AND HAi HINEHY.
done on thou notice. In a smod workmanlike WWI
Si.,. apou Ili• 5.0.5 nw•mghl. terms.
11.0 15..; ~ 1 1...riNme in lbe bnosa.o4 no foreman In
the ohap of bowie 11. Mau. of thee pi.i•r, for over
nine yearo, warronte how ht eI) the final lig rim WV.'
11 , 11111, oottsfacttua to all who Iti 4 ) th , or him w ith
thou. t%orit
G EGRG C 11 ASSERT
Oloninsburi, Nov. 11, 136.
INVENTORS' OFFICES.'
D'EPINEUIL & EVANS,
Civil Engineers end F tent Puli , itnrs
No. 435 WALN U T riT II L. . POI a
PATEwrei golitited•-r , inAtillattons nn Cligistrefinir
Pfau/Wind and e11n.i..nr.N.141.11.•ir and
at a!I kind. In An* and Att'ully attended In Otweint
sitentiun [lent in It EJECTED l'AiitEei end I Vrgit•
lERKNeEs. Anthentin Coptee of all Docuntaiiii
from Patent I
N 11.—Movu yourAiv..• and Mt ,
Glint esnonnen go there II heed Perm'n'l
al iulervuw with ers. All titioineg. aitb Won
tee men en tralPinctrid in writtns. For (1,111.1 infnr.
tuition direct at shov e, with Clamp caducei) fur Ur.
emir With f orr•ner.,
,Aprd Id, VW—ly,—) W.
FALLON HOUSE.
Tua Win putchated the "ration
You la
LOCK 04 V EN, Pa • ,
properly or E. W. Risen,. Esq., would ray to the
(media( the 'louse, his senuelotenrea, end 111.• pnh
ISt generally, that he itili oils in ••keep • !NU,.,
with lbe wow !!!!! ia•son• and tnndoris Haulm,
wad humbly solicits lerif patronage.
J. of 741(111X.
Woof the Mndi•nn Ilouso, Philadelphia.
Lock Raven, tkc, to, td., i.
ADMINISTRATORI; NOTICE.
Estate of Leah l'ohe, late of Centre Town
ship, deceased.
toms,. of millitinlalTllll.ll On the 4.041* of lAeh
1410 Townohip. Collitohl• Lanni,.
rii•• Eretio. , l by the Ileghder nf"mtd
Karon Jopeph Pnhe. rertileine In the hoe orbit,
county ithrnrabl. perron• bovine Hem,* mI
11(0 'M111140.11 In rri.e.ellt I heitioelVe. 6.1
pout, and thnee Itidelitell to the Mali wilt
payment toothw ith tow, m.lllllOO alt`or.
JtJiilirtl romg.
Ado%
ESE:I
IN ISTRATOR'S NOTICE.
P of Akritarr 11,0, decenfed.
of Attmlnlytratinn nut the rotate of Mot
late of Firlituatinek tnwnehtp.l l 4
ed, hate been granted by the antlAter or
Y. In P Header mii , lre in FlebPy•
raid rnonly. Alt per t . no hewing tiling.
le “r the de. etlent a e Petine.ted o neatie
In tke adinterstratur, and Ilate know•
ea illdebtkti lu maim payment fur thwith.
Z. P. ■MHDEM,
Mut%
.........,
-BLOOMS *IP
BILRG . :
...,
.. •
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....
. ~,,......,,......„.„...5..,,,,,..,....... .
?Mu ' ~Illti!,,ldp, ' ~ ;.•,i; ;,,',,Jil*
TILE
POOMOIntr9 ptinetrat
IS PIS ILISHED EVERY WEDNESDAY IN
BLOOMSIWRO, PA., BY
WILLIAMSON IL JACOBY.
Trim P.-$1 On in advance. If not paid within
SIX hogeTlitr, Art rent. additional will tin charred,
4,7- N. nailer diaroniinued until all arrearasna
are paid (wept at the or tun of the editor.
RATES OF ADVERTISINO.
it to, I.lniffOlittiTOlß obtthaa,
Itplaro MO` Of inter lo.orlioo.
EVety *libOnquolpt interthm lee. than ....
tweet. 1/4. UM. 314. 11M.
alttnrP. 0.0 I 3 001 400 I 0.00 I 10'0
Two .90011111, 300 0.00 I Alo I 0,00 I 14.00
Three I
3,00 00 PA 1 ~s 0 I 'pot
r won rf!tt, to 0 $OO 10;1) I 14,00 I 4000
111110.#000i0, I
10 00 112 On 1401 IP o'll 30 00
000 eOlO.OO. Id-06 110 00 2 , 100 I 30.00 30.00
ENorolor'f+ 000 A4101014111110e11 Nutiro. 3,00
=
tailor ad ve rtiaontenta inverted according 10 ',portal
contra 4.
ihrniaera anticeo, without adverlisement. twentY.
Cerro par I'm',
pruoaint wrirerriontorniir parthle In Uth Wire 101
others due niter I hr. 140 *nowt mon.
re" Of. PACE —lu Oluvu'a Murk. Cor.df Main and
itun Ft rel..
Addruac W. ff. JArORY.
Hummidus, C 0114041 County, Pa
WOODLAND MARL
With slue black eyes and jet black hair,
With cheeks like roses, arms all bare,
Teeth so white and dimpled chin,
Her bosom fair and pure within ;
A Mail straw hat so neatly tied,
Her little basket by her side—
All filled with berries red and blue,
And Many buds of various hue ;
She tripped as Myth as any Fairy
t ! .:1 1 0 w a s, s he was my Woodland Mary.
My little NVoodlaud Mary, &c.
If you sweet maid win go with we,
My little servant girl to be,
A n d th o .. ! 1 .. 0 11 n o t e s you sweetly sung
Repeat them to my nursling young,
And leave, those Gills both bleak and wild,
And nurse and tend my darling child
And o'er her infant steps prove eary,
elwri-h you my Woodland Mary.
My little Wutkiland Mary, &c.
Oh! Lady listen to my tale,
And let these simple words prevail—
My Mother's lame s she's blind and pour,
Attd tree can totter tuna the door,
An {I while she lives with her I'll stay
And think of you while 'ar away
Q.l
ray- the grave s t the weary
And then 11l be y( vid Mary,
Your little Vt T. &e.
• (4' ME
Military Reconntruction
The following is the nto aof the Presi
dent of ow Udted States, ronaing to the
Home of Itiliresontatives a bill entitled an
net to provide for the more efficient govern
ment of the Rebel States:"
7 do , Muse of lityff.iottotircs
1 have examined the bill provide for
Ow
more efficient government of the . rebel
State'," with the care and anxiety winch its
trameendent importance is calculated to
awaken. I am unable to give my assent
for reasons so grave that I hope a state
ment of them may have some influence on
the minds of the patriotic and enlightened
men with whom the decision must ultimate
ly rest.
The bill places all the people of the ten
States therein named under the absolute
demi ; t mu t f si ilimry rulers, and the pre
unemlo tin le r akes to pr VP the rca on 1110 l
which the measure is based and time ground
upon which it is ju.tifieml. it declares that
there exi-ts in those States no legal govern
ments, and no adequate protection for lif2
or property, and asserts the necessity threw
forcing peace and good order within their
limits. Is this true as a matter of fact?
It is denied that the States in question
have each or them an actual government,
with all the powers—executive. judi c ial an d
legi,lativs—which properly belong to a free
State. They are organized like the other
States of the Union, and, like them, they
make, administer and execute the laws
which concern their domestic affairs. An
existing Ile /tido government, exercising
such functions as these, is itself' a law of the
State upon all matters within its jurisdic
tion. To pronounce the supreme law-mak
ing power of' an established State illegal is
to say that law itself is unlawful.
The provision which these governments
have made for the preservation of order,
the suppression of crime, and the redress of
private injuries, are in substance and princi-
Ne the same as those which prevail in the
Northern States and in other civilized coun
tries. They certainly have not succeeded in
preventing the commission of all crime, nor
has this been accomplished anywhere in the
World. There, as well as elsewhere, offend
ers sotnetimes escape for want of vigorous
prosecution, and occasionally, perhaps, by
the inefficiency of courts or the prejudice of
jurors. It is undoubtedly true that these
evils have been much increased and spin
vated, North and South, by the demoraliz
ing inUences of civil war, and by the ran
corous passions which the contest has m
eandered. But that these people are main
taining local governments for themselves
worch habitually defeat the object of all
governments, and render their own lives
and property insecure, is in itself utterly
improbable, and the averni.nt of the bill to
that effect is not supported by any evidence
which has come to my knowledge. All the
intbrinntion I have on the subject, convinces
me that the masses of the Southern people
and those who control their public acts,
while they entertain diverse opinions on
questions of Federal policy, are completely
united in the effort to reorganize their so
ciety on the basis of' peace, and to restore
thou mutual prosperity as rapidly and as
completely as their circumstances will per
The bill, however, would seem to show
upon ita film that the establishment of peace
and good order is not its real object. The
fifth section declares that the preceding sec
tions shall cease to operate in any State
where certain events shall have happened.
Thew! events are :
First. The selection of delegates to a
State Convention, at which negroes shall be
allowed to vote.
Second. The formation of a State Consti
tution by the convention so chosen.
Third. The insertion into the State Con
stitution of a provision which will secure
the right of voting at all elections to ne
groes, and to such white men as may not be
disfranchised for rebellion or felony.
Fourth. The submission of the Constitu
tion for ratification to negroes and white
men not disfranchibed, and its actual ratio
cation by their votes.
BLOO
THE PRESIDENT'S VETO
SBURG, COLUMBIA CO., PA., WEDNESDAY, MARCH 20, 18V.
Fifth. The submission of the State Con
,.
stitution to. Congress tar examination and
approval, and the actual appreval of it by
that body.
Sixth. The adoption of a certain amend
ment to the' Pedaled Constitution by a vote
of the Legislature elected under the new
Constitution.
Seventh. The adoption of said amend
ment by a sufficient number of other States
to make it a part of the Constitution cf the
United State..
All these .auditions must be nailed 1 e
litre the people of any et' those State. cue
be to leved from the bond ige of military
d unination ; but when they are fulfilled,
then immediately the pain. and penalties of
the hill are to cease. no matter whether
there be peace end order or not. and frith
out any reference to the security of life or
property. The CUOMO given for the bill in
the preamble is 11(11114W' by the bill itself
not to be real. The military rule which it
establishes is plainly to be used, not for any
purpose of' order fir the prevention of crime,
but solely as a means of corre44l the people
into the adoption of principles and meas
ures to which it is known that they arc op-
posed, and upon which they have an unde
niable right to exercise their own judgment.
1 submit to Congress whether this meas
ure is not, in its whole character, tenpe and
object, without precedent and without au
thority, in palpable conflict with the plain
est previsioes of the Censtitution, and ut
terly destru c tive to these great principles of
liberty and humanity ffir which our ances
tors on both sides of the !Atlantic have sited
SO much blood and expended se much trea
sure.
The ten States named in the bill are divi
ded into five districts. For each district an
officer of the army not below the rank of
Brigadier I ieneral is to be appojnted to nib.
over the people, and he is to be supported
with an efficient military three to enable hint
to portion' his duties and enforce his au
thority.
Those duties and that authority. as de
fined by the third section of the bill, are
*le protect all parsons in their rights of per
mits and property, to suppress insurreetion,
disorder and vnilenee, and to punish, or
cause to be punilied, all disturbers of the
public peace or criminals."
The power the, given to the emmnanding
offteer over Mt tiew people of each district.
that of an absolute monarch. Iliti mere will
is to take the place of all law. The law of
the States is now the only rule applicable to
the subjects placed under his control, and
that is completely displaced by the c l a use
which declares all intertioence of State au
thority to he null and void,
Ile alone is permitted to determine what
are right' , of person or property. and he may
protect. them m such a way as, in his disene
tion, may seem proper. It places at his
fr ee disposal all the lands and goods in his
district, and he may distribute them whil
e t let or hind auiec to whew he I lea.;
Being hound by no State law, and there be
ing 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 recorded in
history. or he can reserve the privilege of
ailing upon the impulse of Ids private pas
sion<in each ease that arise,. Ile is bound
by no rules of e%i helve; there is indeed no
provi ion by which he is authorized or re
quirtel to take any evidence at ail. Every
thing is a crime which he chooses to c a ll s o,
and all persons are condemned whom he
pronounces to be guilty. Ile is not bound
to keep any record or make any report of
his proceedings. Ile may arrest his vic
tims wherever he finds them, without war
rant, imensaition or proorof robable cause.
It he gives them a trial before he indicts
the punislimmt, he givensit, of his grace and
mercy—not because he is commanded so to
do.
To tr casual reader of the bill it might
scent that some kind of trial was secured by
it to persons accused of crime, but such is
not the ease. The officer "may allow local
civil tribunals to 'IT offenders;" but of
course, this does not require that he shall
do so, If any State or Federal court pre
sumes to exercise its legal jurisdiction by
the trial of a neeefactor without his special
permission, he can break it up and puni,li
the judges and ,jurors as being es
malefactors. lie can save his friads from
justice, and despoil his enemies contrary to
justice.
It is also provided that "he shall have
power to organize military ettininissions or
Rut this power he is not commanded to
exercise. It is merely permissive, and is to
be used only when in his judgment it may
be necessary fin the trial of offiinders. Even
it' the sentence of a commission were made
a prerequisite to the punishment of a party,
it would be scarcely the slightest cheek upon
the officer who has a,,:herity to organize it
as he pleases,. preseOhe it, imole or proceed
ing, appoint its nicumas from anion his
own sithordinatt s, and revise all its eels
ions. Instead r f mitigating the bars mess
of his single Al, such a intoned would be
used much more probably to divide the re
sponsibility of making it still more cruel and
unjust.
Several provigons dictated by the hu
manity of Congress, have been inserted in
the bill, apparently to restrain the power of
the commanding officer, but it seems to me
that they are of no avail for that purpose.
The fuurth section provides, Grid, that trials
shall not be unneeissaii!sr delayed, L:t I
think I have shown that the power is given
to punish without trial, and, if bO, this pro
vision is practically inoperative.
Second. Cruel or unusual punishment is
not to be inflicted ; but who is to decide
what is ci uel and what is unusual? The
words have acquired a legal meaning by
long use in the Courts. Can it be expected
that military officers will understand or fol
low a rule expressed in language so purely
technical, and not pertaining in the least
degree, to their profession? It' not, then
each Aker may define cruelty according to
his own temper, and if it is not usual, he
will make it usual. Corporeal punishment,
imprisonment, the gag, the ball and chain,
and the almost insupportable forms of tor
ture invented for military punishment, lie
within the range of choice.
Third. The sentence of a commission is
not to be executed without being approved
by the commander, it it affects life or 'liber
ty, and a sentence of death must be ap
proved by the President. This applie . to
eases in which there has been a trial and a
sentence.
I take it to be clear under this bill that
the military commander may condemn to
death without ev en the feral of a ilia! by a
military commission. So that the life of
the condemned may depend upon the will
of two men instead of one.
It is plain that the authority hem given to
the military officer amounts to absolute des
potism. But to make it still more unendu-
rable, the bill provides that it may be date-
gated to as many subordinates as he chooses
to appoint, for it &elves that ho shall
"punish ur cause to bepunished." Such
a power has not been wielded by any mon
areloin England for wore 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 perenns of eve,'
sex, and condition, and every stranger
wield') their limits, to the most abject and
degrading slavery. No master over had u
control so absolute over his slaves ns this
bill gives to did/military officers over both
white end eo!ored persons.
It may be answered to this that the ofli
eel's of the army arc too magnanimous, just
and humane to oppress and trample upon
subjugated people. 1 do not doubt that
army officers are us well entitled to this kind
of confidence as any other class of men.
But the history of the world has been writ
ten in vain if it does not teach us that unre
strained authority can never be safely trusted
in lemon halide It is almost sure to be
more or less abused under any circumstances
end it has always resulted in gross tyrant* ,
where the rulers who exercise: It are stran
gers to their eulijetem, and come among them
us the repreeewatives of a distant power,
and more especially when the power that
send; them it unfriendly. Governmeabl
ehlMilreseteliling that here propoevil have
been lisirly tried in (limitary and Poland,
and the suffering Vntlurell by those peoples
reused the sympathies of the entire world,
It was tried in Ireland, and though temper
ed at first principles of En g lish l a w, it
gave birth to cruelties so atrocious that they
are never recounted without just holiena
thin, The French Coevention armed its
deputies with this power. and sent them to
the Southern departments of the Republic.
The massacres, murders and other atrocities
whi c h they committed show what the pas
sloes of the ablest men in the most
society will tempt them to do when wholly
unrest:edited by law.
The men of oar race in every nee have
struggled to tie up the hands of their goy
einent and keep them within the law, b e .
saute their own experience of all mankind
bluetit them that rulers multi not he relied
On to eamede those rights which they were
not legally I omit to respeet. The head of in
great empire has eon/climes governed it
with a mild awl paternal sway, but the
knelt) of an irresponsitile deputy never
yields what the law does net extort front
him. Between !Quell a master aril the peo
ple subjected to his dentinal ien there eau be
nothing but enmity ; he ptinishe, the m if
they resist his authority. and it' they submit
to it he hates them for their servility.
I cow now to a question which is, if pos
sible, still more iiportent. nave we the
power to establish and catty into execution
measure like this? I newer, certainly
not, it' ee derive our authority from the
Constitution. and if we are bound by the
imee...,
This proposition is per(eetly clear, that no
branch of the hedcral t ;0% o 11111etit, execu
tive, legislative or judicial, can have any
fast powers except those whit"' it derives
through awl rectu.nizos under the organic
law of the Union. Outside of the Consti
tution we have no legal auzliority more theta
private citizens. tool within it we have only
much po‘tve W. that instrument Oyes
This broad principle limits all our Functions
and applies to all subject-. It protects not
only the citizens of States which are within
the Union. but it shields every human being
who comes or is brought under our jurisdic
tion.
We 113 , 07 no right to do in one place more
than another that which the Constitution
says we :hall not do at all. it; therefore,
the Southern States were, in, truth, out of
the Union, we emild not treat their people
in a way the fundamental law fiirlids.•
Some persons assume that the success of
our arms in crushing the opposition which
was made in some of the States to the exe
cution of the Federal law reduced those
States, and all their people, the innocent as
well us the guilty, to the condition of ca,—
sala g e, and gave us a power over theta
which the Constitution does not bestow, or
define, or limit.
No flillacycan be more transparent than
this. Our victories subjected the 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 pleas
ure, because he had that power before. But
when alimited monarch puts down an in
surrection, he must still govern according to
law. If an insurrection should take place
in one of our States neninat tho sovereignty
of the State Government4giftl• - end in the
overthrow of those who Planted it, would
that take away the rights of all the people
of the counties where it was favored by a
part or a murky of the population ? Could
they for such a reason be wholly outlawed,
and deprived of their representation in the
Legislature? I have. alwi,ivs contended that
the Government of the I. nited States was
sovereign within its constitutional sphere,
that it executed its laws, like the States
themselves 2 by applying its coercive power
directly to individuals, and that it could put
down insurrection with the same effect as a
State and no other. The opposite doctrine
is the worst heresy of those who advocated
secession, and cannot be agreed to without
admitting that heresy to be right. Invasion,
insurmetion, rebellion and domestic violence
were anticipated when the Government was
Ironed, and the means of repelling and
suppressing them were wisely provided for
in the Constitution ; but it mei noj thought
necessary to declare that the States in which
they might occur should be extulled from
the Union,
Rebellions, which were invariably sup
pressed, occurred prior to that out of which
ti.e e questions grow. But the States con
tinued to exist and the Union remained un
broken. In 31118!11(IIII!Cttv in Pennsylvania,
in Rhode Island, and in New York, at din'.
erent petiods in our history, violent and
armed opposition to the United States was
(tarried on. But the relations of those
oites with the Federal Government were
not supposed to be intermitted or changed
thereby after the tehell:ous portions of their
population wore defemed and put down. It
is true that in these miler cases there was
an formal expression of a determination to
withdraw from the Union. But it is also
true that in the Southern States the mdi•
nanecs of secession were treated by all the
friends of the Union as mere nullities,
and
are now acknowledged to be so by the S tates
themselves. It' we admit that they had any
force or vulidity t or that they did, in fact,
take the States to which they auto passed
out of the Union, we weep from under our
feet all the grounds upon wh:ch we stand in
ju.tify'ng the use of Fedenti kw to main
blin the int , : , rity of the Goverment. This
a bid passed by Qongrem in time c4' peace.
There is not, is an one of the States bro't
ander its operation, either war or iikAarreco.
don. The Imre of the States and of the
Federal Government are MI in undisturbed
and harmonious operation. The Courts,
state and Federal, are open and in the full
exercise of their proper authority. Over
every State comprised in those five military
distracts life, liberty and preperty are secur
ed by State laws and Federal laws, and the
National Constitution is everywhere ever •wherein force
and everywhere obeyed. What, then, is
the ground upon which the bill proceeds?
The title of the bill announces that it is in
tended for the more efficient government of
those ten States. It iv recited by way ol'
preamble, that no legal State Governments
nor adequate protection for life or property
exist in those States, and that pe ac e an d
good order should be thus enforced.
The first thing which arrests attention,
upon these reei:4ls, which prepare the way
for martial law, is this: That the only rump
dation upon which martial law can exist,
under our form of government, is not stat
ed or so much as pretended ; actual war,
foreign invasion, domestic insurreetinn—
none of these appear, and none of them, in
liwt, exist. It is not even melted that any
sort of war or insurrection is threatened.
loet us pause here to outsider, upon this
question of constitutional Ittw and the power
of Conress, a recent. decision of' the Su
preme Court of the Ceittal States in ex
parte 31illigan. I will first quote from th e
opitooe r the majority of' the Court:—
"Martial law cannot arise from a threatened
invasion. The necessity must be actual and
present, the invasion real, such aieffeetnally
closes Llik! courts and deplises the civil ad
ministration." We see that martial law
comes in only whoa actual invasion c los es
tee courts awl deposes the civil authority.
Hut this hill, ie time or peace, makes mar
tial law operate us though we were in actual
war, toad become the cause histend of the
consequence of the abrogation of civil au
thority. One more quotation :
'lt follows from what has been said on
this subject that there are occasions when
martial law can he properly applied. It' in
foreign imasion or civil war the courts are
actually closed, and it is impossible t o ad
minister criminal justice 114.mi:ding. to law,
then, on the theatre of active military oper
ation:, where war really prevails. there 1 4
necessity to furipi,li a substitute fiir the civil
authority thus overt bran, to preserve the
safety of the army and seriety ; and as no
pOWVr i s left but the military, it is allowed
to govern by martial nth, until the laws can
Int‘ , c their tree i'4,1,11%.f.... I now quote from
the opinion or the minority of f l oe Coart,
delivered by Chief instiee Cha s e: ''W' by
no means assert that Congress can establish
and apply the laws of war where no war has
been declared or exists. \V here peace ex
ists the laws of peace innq prevail." This
is sufficiently explicit. Peace exists in all
the territories to which this bill applies. It
asserts a power in Congress in time or peace
to set a WO.' tiln laws of peace and substitute'
the hors of war, The mitelri , v tatnent•riee
with the majority declares Congress does
nut 1 , 07 , 4• N, that power.
Again, i 1 possible more emphatically, the
Chief J astice with remarkuble clearness and
eondensat!on MIMS up the whole matter 814
follows: "There are under the Constioririn
three kinds of military jurisdiction : cite
be exercised Loth in ileum and war, another 1
t o b e ezereise.in time of foreign war with
out the boundaries of the United States. or
in time of rebellion or civil war within
States or districts occupied by rebels treated
its belligerents; toe d e Lied to Le exercised
in time of invasion r in within
the limits of the U .1 Suites, or during a
rebellion within N. its of the States
m a int a i n in g adhesion t the National
Government, when the üblie danger re
quires its exercise. The first of these may
be called jurisdiction under milinov law,
and is found in acts of Congress presCrilAng
rules mid articles of war, or otherwise pro
viding for the government of the nationai
threes. The second may be distinguished as
military government, superseding, as far '
may be deemed expedient, the local law, and
exercised by the military commander, under
the direction of the President, with the ex
pr?:-.. or implied sanction of Congress.
While the third may be denominated martial
law proper, and is called into action by Con
gress, or, tenipmarily, when the action of
Congress cannot be invited, and in the case
of justifying or excusing peril, by the Presi
dent ; in tittles of insurrection or invasion ;
or of civil or foreign war within districts or
localities where ordinary law no longer ade
quately secures public safety and private
rights."
It will be observed that of the three kinds
of military jurisdiction which can be exer
cised, pr created under our Constitution,
thei4tlet ut one that can prevail in time of
pellet., and that is the code of laws enacted
IT Congress for the government of the na
tional forces. That body of military law
has no application to the citizen, nor even
the citizen soldier enrolled in the militia in
time of peace. But this bill is not a part of
that sort of m i litary law, for that applies
only to the soldier, and not to the citizen,
whilst contrariwise the military law provided
by this bill applies only to the citizen and
not to the soldier. .
I need not say to the representatives of
the American people that their Constitution
fluid& the exercise of judicial power in any
way but one—that is, by the ordained and
established courts. It is equally well known
that in all criminal eases a trial by jury is
made indispensable by the express words of
that instrument. I will not enlarge on the
inestimable ve!"e of the right thus secured
to every freert.tt, or speak of the danger to
public liberty in all parts of the country
which must ensue front a denial of it any.
where or upon any pretence.
A very recent decision of the Supreme
Court has traced the history, vindicated the
dignity. and made known the value of this
great privilege so clearly that nothing more
needed. ro what extent a violation of it
might be excused, in time of war or public
danger, may admit of discussion. But we
are providing now Ihr a time of , refound
peace, where there is tip an armed soldier
within our borders, except those who are in
the service of the Government. It is in
such a condition of thintre that an act of
Congress is propose , ' which, if' carried out.
would deny a trial by the lawtld courts and
lurks to nine millions of American citizens
and to their posterity for an indefinite peri
od. It seems to he seam* possible that
any one should seriously believe this consis
tent whit a Constitution which declares in
simile, plain nisi nnamisiguoua language that
all persons shall have that right, arid that
no person Abell ever, in any ease, be depriv
ed of it. The Conatitntion also forbids the
arrest of the citizen without judicial war :
runt founded on probable cause. This bin
anthor:zes an arrest without warrant, at the
pleasure of a military commander. The
Constitution declares that "no person shin
be held to answer for a capital or other- .o
infamous :Thee, unless on a presentment of
of a grund jurv."
This bid holds every person not a soldier
ensaerable for all crimes and all charges
without anypresentment. The Constitu
tion declares that "no person shall be de
prived of life, liberty or property, without
due proem of law.' This bill sets aside all
process of law, and makes the citizen an
swerable, in his person and property, to the
will of °be man, and as to his life, to the
will or two. Finally, the Con s tituti on de
clares that "theprivilege of the writ of ha
beas corpus shall not be suspended unless
when, in ease of rebellion or invasion, the
Aublie safety may require it i" whereas this
bill declares martial law, which of itself sus
pends this great writ in time of peeve, and
authorizes the military to make the west,
and gives to the pritsmer only one privilege,
and that is a trial without unnecessary de
lay. Ile has no hope of release from cus
tody, except the hope, such 114 it k Of re
lease by acquittal before a military commis
,e,n. Tile United States are bound to
guarantee to each State a republican limn of
gu°.eruaucnt.
Can it be pretended that this obligation is
not pa'pably broken if we carry out meas
lire ijk which wipes away every vestige
of repu'ili , an government in ten States. and
pets the lice,property, liberty and honor of
the vome in eueb of them under the
cloteinatten of a single person clothed with
unlimited authority ? The Parliament or
England, exercising the omnipotent power
which it claimed, was accustomed to pass
bibs of attainder ; that is to say, it would
convict men Of treason and other crimes by
legislative tesactment. The person accused
hail a hearin,7, sometimes a patient and tidr
one, but iftinerally party prejudice prevailed
instead of justice. It often bevame items
:slln' fur Parliament to acknowledge its error
aml reverse its own action. The fathers of
our country deterutitivil that no such thing
should occur here. They withheld the power
from Congress, and thus tinbade its exercise
by that body, and they provided in the Con•
stitution tnut nu State should pass any bill
of attainder.
It is, therefore, impossible for any person
in this country to be constitutionally punish
ed hir tiny crime by a legislative proceed
ing of any sort; nevertheless, here is a bill
of attainder against nine millions of people
at once. It is based upon an accusation
vague as to he sacredly intelligible, and
!bum! to be true upon nocreditable evidence;
not one of the nine millions was heard in
his own defenve. The representatives of
the doomed parties were excluded from all
participation in the trial. The convic
tion is to be followed by the most ignomin
ious punishment ever intbeted on large mas
ses of men. It disfranchised them by hun
dreds of thousands, and degrades them all.
even those who are admitted to be guiltle ss ,
from the lan: of freemen to the condition
of slaves
The purpose and object of the bill, the
general intent which limeades it from be
giuning to end, is to change the entire arm
tut e mid character of the 6tate governments
and to compel them by force to the adoption
of organic laws nod regulations which they
are unwilling to accept tell to theists:dyes.
The neerous have not asked for the privilege
of voting ; the va-t majority of them have
no hike what it means. This bill not only
thiusts it into their hands, but compels
them, as well as the whites, to use it in *
particular way.
If they do not form a constitution with
prescribed articles in it, and afterwards elect
a Legislature which will act upon certain
measures in a prescribed way, neither blacks
nor whites can be relieved from the slavery
which the bill imposes upon them. Without
pausing to consider pa icy or impoliey
of Afrwanizing the Southern lien of our
territory, I would simply ask the attention
of Congress to that manifest, well known
and universe ly acknowledged ;•le of eon
etitutional law which declares that the Veil
oral Government has no jurisdiction, au
thority or power to regulate such subjects
fns any State. To flow the right of suf
frage out of the hands of the white people,
and into the handset* the negroes, is an or
bitrary violation of this principle. This bill
imposes martial law at once, and its opera
tions will begin as soon as the General nod
his troops can be put in place. The dread
alteniative between its harsh rule and COUs
plianee with the terms at' this measure is
nut suspended, nor the people afforded any
time fir free deliberations. The bill says to
them ; Take martial law first, then delib
erate. And when they have done all that
this measure requires them to do, other eon
d tions and contingencies over which they
have no control vet remain to be fulfilled ;
before they can be relieved from martial law
another Congress tuust first approve the
constitutions made in conformity with the
will of this Congress, and must declare
these States entitled toiresentation in
both Houses. The wholeWestion thus re
mains open and unsettled, and must again
occupy the attention of Congress; and in
the meantime the agitation which now pre
vails will continue to disturb all portions of
the people. The bill also denies the legnlitv
of the governmentsof ten Ade St ates which
participated in the ratification of the amend
ment to the Federal Constitution abolishing
slavery forever within the ju of the
United States, and rustically excludes them
front the Union. If this assumption of the
bin be correct, their concurrence cannot be
coniidered an having been legally given;
and the important limit is made to appear
that the consent of three-fiirths of the
;States, the requisite number, bus not been
constitutionally obtained to tip ratification
of that amendment, thus leaving the ques
tion of slavery where it stood berm the
amendment was officially declared to have
become a ran of the Constitution. That
the me a sure propo ed by this bill doessiolate
the Constitution in the particulars mention
ed, and in many other trays, which I Ibrbear
to enumerate, IS too clear to admit of the
least doubt. It only remains to consider
whether the injunctions of that instrument
ought to be obeyed or not. I think they
ought to be aged, for reasons which I
will proceed to gooses 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, perhaps, take gin
chime between complete anarchy, a consoli
dated despotism and a total dissolution of
the Union. But national liberty, regulated
by law, will have passed beyond our reach.
It is the best frame of, governmest the world
ever saw ; no other is,
or can be, so well
adapted to the genius , habits or wunta oft lw
American people, combining the strength of
a great empire with unspeakable blessings
of load cult-government, having a central
power to defend the general interests, and
recognizing the authority of the States as
the guardians of industrial rights. It is
"the sheet anchor of our safety abroad and
our peace at home." It was ordained "to
form a more perfect Union, est , :lisp justice,
insure domestic tranquility, promte the
eineml welfare, provide fur the common
defence, and inure the blesdnea .1. liberty
to ourselves and to our posterity." Theo
gent ends have been attained heretof o re,
an d w ill b e :wa in by f a ithful obedience to it,
but they are certain to is' lost if. we treat
with dtaregard its sacred obligations. It
wash) punish the gross crime of defying the
Constitution, and to vindicate its supreme
authority, that we carried on a bloody war
of four yearn' duration. Shall we now as
knowledge that we saerifleed n million of
lives, and expended billions of treasure, to
enforce a Constitution which is not worthy
of respect and preseryatioo ? Those who
advocated the right of seecs•ion alleged, in
their own justification : that we bad no regard
for law, and that their rights of property,
life and liberty would not be safe under the
Constitution as administered by us. If we
now verify this assertion, we prove that
they were in truth and in filet fighting for
their liberty. And, instead of branding
their 'cadent with the di-honoring name of
traitors against a righteous and legal Gov
ernment, we elevate them in history to the
rank of' self-suerificing patriots; consecrate
them to the admiration of the world, and
place them by the side of Washington,
Hampden and Sydney. No. Let us leave
them to the inflater they deserve. Punish
them as they should be punished, according
to law, and take upon ourselves no share of
the odium which they should bear alone.
It is a part of our public history. which can
never be forgotten that both Ihmses of Con
gress, in July. Isitil, declared in the form of
a solemn resolution. that the war was and
should be carried our for no purpose of sub
jugation. but solely to enforce the Constitu
tion and laws, aid that when this was
yielded by the parties in rebellion the con
test should cease, with the constitutional
rights of the States, and of individuals un
impaired.
This resolution was adopted andsentforth
to the world, unanimously by the Senate,
and with only two dissenting voices by the
House. It was accepted by the friends of
the union in the South as well as in the
North, as expressing honestly and truly the
object of the war. On the faith of it many
thousands of persons in both sallow gave
their live. , and their femme to the Cane".
To repudiate it now, refu-ing to the
States, and the individuals within rhea., the
rights which the constitution and laws of
the Union would secure to them is a breach
of our plighted hormr, for which I can im
agine no excuse, and to which I cannot vol.
untarily. heemue a party'.
I am thoroughly convinced that any vet
dement or essmpromiee, or plan of action
which is inconsistent with the principles of
the Constitution will not only be unavailing
butinbedauronethst will let multiply
the present evils instead of removing them.
The Constitution its its whole integrity and
vigor throughout. the length ant breadth of
the land is the bust of all compromises.—
Besides, our duty does not in any judgment
leave us a choice between that and anyutber.
1 believe that it eontnins the remedy that is
so much needed, and that it' the co-ordinate
branches of the Government would unite
upon its provisions, they would be Nond
broad enough and strong eneuth to sustain,
in time of pPace, the nation which they bore
soli* through the ordeal of a protracted
civil war. Among the most sailed guaran
tees of that instrument are there which de
clare that "each State !hall have a least one
tepresentatiye," and that "noState, without
out its consent, shall be deprived of its equal
suffrage in the Senate.' Each House is
made the .. .fudge of the Oceanus returns
:end qualeicetions of its owe 'mutters, "and
may, "with the concurrence of two-thirds,
expel a member." Thus, as heretofore
urged, in the 'Omission of &motors and
Reprwieniatives from any and all tic States,
there can be to jest grounds ef apprehen
sion that persona who are disloyal will b
clothed with the powers of legislation, for
this could not happen 'when the Constitu
tion and the laws are enforced by a vigilaet
and f a ithful Congress. When a Senator or
Representative presents his (*stifle:do of
election, lie may at once be admitted or re
jected or should there be any question as to
Ns eligibility. his credentials may be refer
red air investigation to the apropos/teem
ntittee. It' admitted to a seat, it must be
upon evidence satisfactory to the House of
which lie thus becomes a member, that he
pwesses the reqnisite constitutional endless!
qualifications. If refused admission as a
member for want of due allegiance to the
Government, and returned to his constitu
ents, they are admonished that none but
persons loyal to the United States will be
allowed a voice in the legislative council of
the nation, end political power and
moral influence of Contest+ are thus effect
ively exerted in the in—irests loyalty to the
Government. and flielity to the Union; anti
is it not far better than the work of restora
tion should be accomplished by simple com
pliance with the plain requirements of the
Constitution than by a recourse to measures
which in effect destroy the States and
threaten the subversion of the General Gov
ernment? All that is necessary to settle
this simple but important qttestion, without
further agitation or delay, is a willingness
on the part of all to sustain the Constitution
and carry its provisions into practical oper
ation. If to-morrow, either branch of Con
gress would declare that upon the presenta
tion of their credentials, members entistitn
tionally elected and loyal to the General
Government would be admitted to Seats in
Congress, while all others wouldbeexcluded
and their places remain vacant until the se
lection he the people of loyal, qualified per
sons, and if at the emotion assurance were
given that this policy would be continued
until all the States were represented in Con
gress, it would semi a thrill of joy throughout
the entire land, as indicating the inaugura
tion of a system which must speedily bring
tranquility to the public mind.
While we are legislating upon subjects
which are of grunt importance to the whole
people, and which must affect all parts of
the country, not only during the lire of the
pre , cnt veneration, but for ages to come,
we should remember that all men are entitled
ne bait ton hearing in the council: which
aeeide upon the destiny of themselves anti
their children. At present . (el Stases are
denied representation, and when the F o rtieth
Congress assembles on the fourth dayof the
present month, steteen States will be with
,net a voice in the Howe of Representa
tives, This grave fact. with the important
questions before nit, should Nattering to p a use
in a career of legislation which, looking
solely to the attainment of political ends,
fail, to consider the rights it tranegresees,
the law which it violates, or the Colatitude*
which it imperils. • •
AMU'? JOHNSON.
Wasbingtoe, "Niarch 2, 1867.
, 4~~
NO. 4.