Newspaper of Bedford Gazette, March 15, 1867, Page 1

Newspaper of Bedford Gazette dated March 15, 1867 Page 1
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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