Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

DAILY Daily Paper $8 a Year PH (EUX 'Let our Just Censure Attend the True Event.' Tri-Weekly $5 a Year BY JULIAN A. SELBY. COLUMBIA, S. C., TUESDAY MORNING, OCTOBER 2. 1866. VOLUME II-NO. 16^ THE PHONIX. PUBLISHED DAILT AND T?I-WKHKI.Y. THE GLEANER. EVEUY WEDNESDAY MOKNINO. BY JULIAN A. SELBY. CITY PRINTER. Office on Main street, a few doors above | Taylor 'or Camdon] street. -a TERMS-IN A 1) VA sri:. SCBSCBIPTIOX. Dailv Paper, .-iv months.S4 00 Tri-\Vceklv, " " . 2 50 Weekly, * " " . 1 00 ADVERTISES! E S T S Inserted at 75 cents per square for thc first insertion, and 50 couts for each subsequent. Weekly 75 cents each insertion. ttir A liberal discount'made on Hie above rates icken advertisements are inserted by the month or year. j President's Veto of tlic Milita.ry l??ll. To the House of Representatives: 1 luivc examined the biil "to pro vide for the moro efficient govern? ment of the rebel States" with the care and anxiety which its transcend- ! ont importance is calculated to awaken. 1 am nimble to give it ray? assent for reasons so grave that i hope a statement of them may have some influence on the minds of tho patri? otic and enlightened men with whom the decision must ultimately rest. The bill places all the people of the ten States therein named under the absolute domination of military rulers; and the preamble undertakes to give tho reason upon which tho measure is based, and the ground upon which it is justified. It declares that there exists in those States no legal govern? ments, and no adequate protection for life or property, and asserts the necessity of enforcing peace, and good order within their limits. Is this true tis matter of fact? It is not denied that the States in question have each ol' them an actual Government, with all the powers, ex? ecutive, judicial and legislative, 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 thelawswhich concern their domestic affairs. Ari existing de facto Government, exer? cising such functions as these, is itself the law of the State upon all matters within its jurisdiction. Topronounce the supreme law-making power of au established State illegal, is to say that law itself is unlawful. Thc provisions which these Go? vernments liuve made for the pre? servation of order, the suppression of crime, and the redress of private injuries, are, in substance and prin? ciple, the same as those which pre? vail in the Northern States, and in other civilized countries. They cer? tainly have not succeeded in pre _ venting the commission of all crime, W nor has this been accomplished any? where in the world. There, as well as elsewhere, offenders sometimes es? cupe for want of vigorous prosecu? tion, and occasionally, perhaps, by the inefficiency of courts or thc pre? judice of jurors. It is undoubtedly true that these evils have been much increased and aggravated, North and South, by the demoralizing influ? ences of civil war, and tl io rancorous passions which the contest has engen? dered, lint that these people are maintaining local Governments for themselves, which habitually defeat the object of all government, and render their own lives and property insecure, is in itself utterly improba? ble, and the averment of the bill to that effect is not supported by any evidence which has cometo my know? ledge. All the information I have on thc subject convinces me that the masses of the Southern people, und those who control their public nets, while they entertain diverse opinions on questions of Federal policy, are completely united in the effort to re? organize their society on the basis of peace, and to restore their mutual j prosperity as rapidly and as com? pletely as their circumstances will ; permit. The bill, however, would seem to j show upon its face that the establish- I ment of peace and good order is not its real object. Tho fifth section de- ; clares that the preceding sections ? shall cease to operate in any Stak: where certain events shall have hap- i pened. These events ?ire-first, thc selection of delegates ti) a State Con? vention, by au election at which ne? groes shall be allowed to vote. Se coud, the formation of a State Consti? tution by the conventions so chosen. Third, the insertion into the State Constitution of a provision which will secure the right of voting ?it ;\\\ elec? tions to negroes, and to such white, men as may not bo disfranchised for rebellion or felony. Fourth, the sub? mission of thc Constitution for ratifi? cation to negroes and white mon not disfranchised, and its actual ratifica? tion by their vote. Fifth, the sub? mission of the State Constitution to Congress for examination and ap proval, and the actual approval of it j by that body. Sixth, tho adoption of a certain amendment t<> the fede? ral Constitution by a volo of the JJO gislature elected under the new Con- 1 stitution. Seventh, tho adoption of said amendm .it by n sufficient num? ber of other States to make it a part i of the Constitution of the United States. All tiioso conditions must bo ! fulfilled before the people ol' any of these States can bo relieved from the ] bondage of military domination; but when tiley are fulfilled, then imme? diately tho pains und penaltit s of the biliare to cease, no matter whether there bc ponce and order or not, and without any reference tu tho security of life or property. Thc excuse given for Hie bili in the preamble is admitted by the bill itself not to be real. The military rule which it es? tablishes is plainly to bo used-not for any purpose ol' order or for the prevention of erinn', but solely us a moans of coercing tho people into the adoption ul principles and measures to whieh it is known that they aro opposed, amt upon which they have an undeniable right toe xercise their own judgment. I submit to Congress whether this measure is not, in its whole charac? ter, senile and object, without prece? dent and without authority, in palpa? ble conflict with the plainest provisions cd' the Constitutions and utterly destructive to those groat principles c^f liberty and humanity for which ouraucestors on both sides of tho Atlantic have shed so much blood and expended so much trea? sure. Tin- ton States named in tho bill are. divided into li vi; districts. For each district, an officer of the army, not below the rank of brigadier general, is to be appointed to rule over tho people, and he is to be sup? ported with au efficient military force to enable him to perform his duties and euforce his authority. Those duties aud that authority, as defined by the third section of the hill, are to "protect all persons in their rights ol person and property, to suppress in? surrection, disorder and violence, and to punish or cause to be punished ?ill disturbers of tin; public peace, or cri? minals." The power thus given to the commanding officer over all the people of each district is that of an absolute monarch. His mere will i; to take the place of adi law. The law of the States is now the only rule ap? plicable to the subjects placed uncle) his control, and that is completely displaced by the clause which declares all interference of State authority te be null and void. He alone is per? mitted to determine what are right; ul' person or property, and he maj protect them in such way as in hil discretion may seem proper. Ii places at his tree disposal all tin lands aud goods in his district, anc he may distribute them without let oi hindrance to whom he pleases. Be ing bound by no State law. and there being no other law to regulate th? subject. In- may make a criminal codi of his own; and he can make it a: bloody as any recorded in history, o. he can reserve the privilege of acting upon tin; impulse of his private pas sions in each ease that arises. He i: bound by no rule of evidence; then is, indeed, no provision by which hi is authorized or required to take au; evidence at all. Everything is ? crime winch he chooses to cull so and all persons are condemned whoa he pronounces to be guilty. He i not bound to keep any record, o make any report of his proceedings He may -irrest Iiis victims whereve he linds them, without warrant, accu sation or proof of probable cause If he gives them a trial before he in lliots the punishment, he gives it o his grace and mercy, not because h is commanded so to do. To <i casual reader of the bill, i might seern that some kind of trio was secured by it to persons accusei of crime; but suoh is not the case Tin- officer "may allow local civi tribunals to try offenders," but, c course, this docs no1 require that h shall do so. li' any State or Federa court presumes to exercise its leg! jurisdiction by thc trial ol' a maleme tor without his special permission, h eau break it ni?, ami punish til judges an?l jurors as being then selves malefactors. He eui save hi friends from justice, und despoil h enemies contrary to justice, i lt is also provided that '"he sha j have power to organizo military eon , missions or tribunals;" but th ; power he is not commanded to exe j eise. It is morely permissive, and , to bo used only "when, in Iiis jud) ment, it may be necessary for tl , trial of offenders." Even if the sei ? teuce of a commission were made pro-requisite to the punishment of party, it would bc scarcely the sligh est check upon the officer, who h. ! authority to organize it as ho please j prescribe its mode of proceedin i appoint its members from among h j own subordinates, and revise ali i decisions. Instead of mitigating the j harshness of his single rule, such a tribunal would be used much more probably to divide tho responsibility of making it more cruel and unjust. Several provisions, dictated by the humanity of Congress, have been inserted in the bill, apparently to restrain the power of the command? ing officer; but it seems to mc that tin y are ot' no avail for that purpose. The fourth section provides-First. That trials shall not be unnecessarily delayed; but 1 think 1 have shown that tlie power is given to punish without trial, and, it' so, this provi? sion is practically inoperative. Se? cond. Cruel or unusual punishment is not to be indicted; but who is to decide what is cruel and what is unusual? The words have acquired a legal meaning by long usc in the courts. Can it. be expected that mili? tary officers will understand or follow a rule expressed in language so pure? ly technical, and not pertaining in the least degree to their profession? lt' not, then each officer may define cruelty according to his own temper, and if it is not, usual, he will make it usual. Corporeal punishment, im? prisonment, the gag. the ball and chain, and the almost insupportable forms <?f torture invented for mili? tary punishment, lie within the rang.: of choice. Third. The sen? tence of a commission is not. to bc executed without being approved by tho commander, if iL affects life Ol liberty; and a sentence of death must be approved by the President. This applies to cases in which there, lia.' been a trial and sentence. 1 take il to bc clear, under this bill, that tlu military commander may condemnt< death without even the form of ; trial by i military commission, st that the life of the condemned maj depend upon the will of two men in stead of one. It is plain that the authority hen given to the military officer amount: to absolute despotism. But, to malo it still more unendurable, the bil provides that it may be delegated ti as many subordinates as he choose to appoint; for it declares that hi shall "punish or cause to be pun ished." Such a power has not beet wielded by any monarch in Euglam for more than five hundred years ln all that time, no people who spca' the English language have born such servitude. Itreducesthe whol population of the ten States-all pei sons, of every color, sex and condi tiou, and every stranger within thei limits-to the most abject and dc grading slavery. No master ever ha a control so absolute over his slave as this bill gives fi? the military o] ficers over both white and colore persons. It may be answered to this that tb officers of the army ari; too maguan mons, just and humane to oppre* and trample upon a subjugated pe? pie. I do not doubt that army office! are as well entitled to this kind < confidence as any other class of mei lint the history of the world has bee written in vain, if it ?.loes not tcac us that unrestrained authority ca never be safely entrusted in huma hands. It is almost sure to be moi or less abused under any circun stances, and it has always resulted i gross tyranny where the rulers wh exercise it are strangers of their sui jects, ami come among them as tl representatives of a distant powe and more especially when the pow? that sends them is unfriendly. Go ernments closely resembling that bei proposed have been fairly tried i Hungary and Poland, and thc surfe ing endured by those people roust tho sympathies of the entire worli It was tried in Ireland, and, thong tempered at first by principles of E glish law, it gave birth to cruelties : atrocious that tiny are never recom? ed without just indignation. Tl French Convention armed its dep ties with this power, and sent the to the Southern departments of tl republic. The massacres, munie ami other atrocities which they coi nutted snow what tho passions of t ablest men ia the most civilized ciety will tempt them to do win wholly unrestrained by law. T men of our race in every age ha straggled to tie up the hand:; of tin Governments ami keep them with the law; because their own expe onces of all mankind taught tin ! that rulers could not be relied on ; concede those rights which they w< i not legally bound to respect. T ' head of a great empire hassonietin j governed it with a mild ami paten sway; but the kindness of an ir j sponsihiu deputy never viel ls wi I the law does not i'xtort from hi j Between such a master and th?; pi : pie subject to his domination th? ! can be nothing but enmity; he j ! nishes them if they can resist, bis ; thority, and if they submit to it, bates them for their servility. , I como now to a question which if possible, still more importa I Have we the power to establish a carry into execution a mensure like! this? J answer, certainly not. il we derive our authority from tho Consti? tution, and if we aro bo.md by the limitations which it imposes. This proposition is perfectly clear -that no branch of the Federal Govern? ment, executive, legislative or judi-1 cial, eau have any just powers, ex? cept those which it derives through and exercises under the organic law ol' the Inion. Outside ot' the Con? stitution, wo have no legal authority more than private citizens, and with? in ii we have only so nundi as that instrument gives us. This broad principle limits all our functions, and applies to all subjects, lt protects not only the citizens of States which are within the Union, but it shields every hitman being who comes or is brought nuder (mr jurisdiction. We have no right todo in one place more than in another that which the Con? stitution says we shall not do at all. If, therefore, the Southern States . won' in truth out ol' the Union, wc could not treat their people in a way which the fundamental law forbids, j Some persons assume that the suc? cess of our anns in crushing the op \ position which was made in some uf tho Stetes to the execution of the j Federal laws, reduced those States and all their people-the innocent as j well as the guilty-to the condition [ of vassalage, and gave us a power i over them which the Constitution j dofes not bestow, or define, or limit. Nd fallacy eau be more transparent than this. Our victories subjected the insurgents to legal obedience, not to tin; yoke of an arbitrary despot? ism. When an absoluto sovereign reduces his rebellious subjects, he may deal with them according to his ! pleasure, because he had that power I before. But when a limited monarch puts down an insurrection, he must still govern according to law. If an insurrection should take place in one of our Slates against the authority of the State Government, and end in thc overthrow of those wdio planned it, would that take away the rights of all the people of thc couuties where it was favored by a part or a majority ol the population V Could they, for suet, a reason, bo wholly outlawed and de prived of their representation in tin Legislature? I have always contend ed that thc Government of tilt United States was sovereign withil : ils constitutional sphere; that it exe outed its laws, like tho States them solves, by applying its coercive powei directly to individuals; aud that i ; could put down insurrection willi tin j same effect as a State, and no other j The opposite doctrine is the wors I heresy of those wdio advocated secos sion, and cannot be agreed to withou I mlmittiug that heresy to be right. Invasion, insurrection, rebellion I and domestic violence wen.; antici pated when the Government wa: ! framed, and tho means of repelling and suppressing them were wisol; provided for in the Constitution; bu it was not thought necessary to de clan: that tho States in which tho; might occur should be expelled iron tho Union. Rebellions, which wer invariably suppressed, occurred prio to that (jut of which these question grow; but the States continued t< exist and the Union remained un broken. In Massachusetts, in Penn sylvania, in Rhode Island and in No\ York, at different periods in our his tory, violent and armed opposition t< the United States was carried on;hu the relations of those States with th Federal Government won; not sup posed to be interrupted or change thereby, after the rebellious portion of their population were defeated uni pat down. It is true that in thes earlier cases there was no formal CN pression of a determination to witb draw from the Union, but it is uls true that in the Southern States til ordinances of secession were treate by all the friends ol' th?; Union ii mere nullities, and are now acknon lodged to be so by the States then selves. Il' we admit that they lin any force or validity, or that they di in fact take the States in which the wen; passed out of tho Union, w sweep front under our feet all Iii grounds upon which we ?tan 1 jin tifyiug the use of Federal force t maintain tho integrity ol' the Coven mont. This is a bill passed by Cong ress i time of peace. There is not in ail ono ol' tin* States brought under i operation cither war or insurrection The laws of the States and of tl Federal Government aro all in undi turbed and harmonious operatioi Tin; cou/ts, State and Federal, ni open, and in the full exercise of the proper authority. Over every Sta comprised in these live military di tricts, life, liberty and property a secured ?[by State laws and Feder laws, and the National Constitutir is everywhere in force and evcrywlie obeyed. What, then, is the grout lon which this'bill proceeds? Tl j title of tho. bill announces that it intended "for the moro efficient g verament" of these ton States, it is recited by way of preamble that no legal State Governments, '"nor ade? quate protection for life or property, exist in those States, and that peace and goml order should be thus en forced. The first thing which arr? sts attention upon these recitals, which i prepare the way for martial law, is tiiis: tiri* th" only foundation upon; which martial law can exist under our ' form of government is not stated, or so much us pretended. Actual war, foreign invasion, domestic insurrec? tion-none of these appear: and none of these, in fact, exist, lt is not even recited that any sort of war or insur? rection is threatened. Let us pause here to consider, upon this question of constitutional law and tho power of Congress, a recent decision ol* the Supreme Court of the United States in ex fiarte "Milligan. 1 will first quote from the opinion of thc ma? jority of the Court: "Martial law cannot arise from a threatened inva? sion. The necessity must be actual and. present, the invasion real, such as effectually closes the courts and deposes the civil administration." We see that martial law comes in only when actual war closes the courts and deposes the civil authority; but tliis bill, in time of peace, makes martial law operate as though we were in actual war. and become the cause, in? stead of the consequence, of tho abro? gation of civil authority. One more quotation: "It follows, from what ha.' been said on this subject, that then are occasions when martial law car be properly applied. If, in foreigi invasion or civil war, the courts an actually closed, and it. is impossiblt to administer criminal justice accord ing to law, tuen, on the theatre o active military operations, where wa: really prevails, there is a necessity ti furnish a substitute for the civil an thority, thus overthrown, to preservi the safety of the army and society and as no power is left but the mili tary, it. is allowed to govern by mar tial rule until the laws can have thei free course." I now quote from the opinion o the minority of the court, deliverei by Chief Justice Chase: "We by n j means assert that Congress can cs ! tablish and apply the laws of wa where no war has been declared o exists. Where peace exists, tbs law of peace must prevail.*' This is sui ficiently explicit. Peace exists in a; the territory to which this bill applies It asserts a power in Congress, in tim of peace, to set aside tho laws of peac junl to substitute the laws of wai The minority, concurring with tb majority, declares that Congress doe not possess that power. Again, ?mci if possible, more emphatically, th Chief Justice, with remarkable cleat ness and condensation, sums up th whole matter as follows: "There are, under the Coustitr tion, three kinds of military jurisdii tion-one to be exercised both i peace and war: ?motlier to be exoi cised in time of foreign war withor the boundaries of the United Stale or in time of rebellion and civil wt within States or districts occupied b rebels treated as belligerents; and third to be exercised in time of inv? sion or insurrection within the lindi of the United States, or during rebe lion within the limits of the Stab maintaining adhesion to the Nation: Government, when tin' public dangt requires its exercise. The first of tues may be called jurisdiction undi Militari/ Lau-, and is found in Acts < Congress prescribing rules and art cles of war, or otherwise providin for the government of the nation forces; the second may be dist-ii guished as Militari/ Government, si perseding, as far as may be deenu expedient, the local law, and exercise by the military commander tinder tl direction of the President, with tl express or implied sanction of Co: gross; while the third may be den minated Marda/ Lan- Proper, and called into action by Congress, c temporarily, when the action of Co gross cannot be invited, and in tl case of justifying or excusing per by thc President, in times of ius:i rection or invasion, or of civil or f reign war, within districts or ?oca ties where ordinary law no long adequately secures public safety ai private rights."' It will be observed that of tl three kinds of military iurisdictii which can bo exercised or creati under our Constitution, there is b one that can prevail in time of peac and that is the code of laws enact? by Congress for the government the national forces. That body military law luis no application tot citizen, nor even 4 o Lhecitizen soldi enrolled in the militia in time peace. But this bill is not a part that sort of military law, for that a jibes only to the soldier, and not the citizen, whilst, contrariwise, t military law provided by this bill a plies only to tiie citizen, and cot the soldier. I need not say to the represen tives of tho American people that their Constitution forbids the exer? cise of judicial power in any way but One-that is by tin- ordained and es? tablished courts, lt is equally well known that, in all criminal eases, a trial by jury is made indispensable by tin: express words of timi instrument. I will not enlarge cn the inestimable value of the right thus secured to (-very freeman, or speak of the danger to publie liberty, in all parts ot' thc country, which must ensue from a denial of it anywhere or upon any pretence. A very recent decision of the Supreme Court has traced thc history, vindicated the dignity, and made known the value of this great privilege so clearly, that nothing more is needed. To what extent a violation of it might bc excused in time of wal? er public danger, may admit of dis? cussion, but we arc providing now for a time of profound peace, where there is not an armed soldier within our borders, except those who are in the service of the Government, it is in such a condition of things that an Act of Congress is proposed, which, if carried out, would deny a trial by tin1 lawful courts and juries to nine millions of American citizens, and to their posterity for au indefi? nite period, lt seems io be scarcely : possible, that any one should seri? ously believe this consistent with a Constitution which declares, in sim? ple, plain and unambiguous language, that all persons shall have that right, and that no person shall over, in any case, be deprived of it. Tin; Consti? tution also forbids thc arrest of the citizen without judicial warrant, j founded on probable cause. This bill j authorizes an arrest without warrant, at the pleasure of a military com? mander. The Constitution declares that "no person shall be held to an? swer for a capital or otherwise infam? ous crime, unless on presentment by a grand jury." This bill holds overy person, not a soldier, answerable for all crimes and all charges without any presentment. The Constitution de? clares that "no person shall be de? prived of life, liberty or property without due process ot' law."' This bill sets aside all process of law. and makes the citizen answerable in his persou and property to the will of one man, and as to his lifo to the will of two. Finally, the Constitution declares that "tho privilege of the I writ of habeas corpus shall not besns I pended unless when, in ease of rebel? lion or invasion, the public safety may require it;" whereas this bill de? clares martial law (which of itself ! suspends this great writ ; in time of peace, and authorizes the military to make tho arrest, and gives to the prisoner only one privilege, and that, is a trial "without unnecessary delay. " Ho has no hope of release from cus? tody, except the hope, such as it is, of release by acquittal before a mili? tary commission. Thc United States ure bound to guarantee to each State a Republican form of Government. Can it be pre? tended that this obligation is not pal? pably broken if we curry out a mea? sure like this, which wipes away . livery vestige of Republican Govern? ment in ten States, and puts the lite, property, liberty and honor of ali the people in each ot thom under the domination of a single person clothed with unlimited authority. Tho Par? liament of England, exercising the omnipotent power w hich it claimed, was accustomed to pass bills ?>f at? tainder; that is to say. it would con? vict men ot' treason and other crim< . by legislative enactment. Tho person accused had a hearing, sometimes a patient and fair one. but generally party prejudice prevailed instead of justice, lt often became necessary for Parliament to acknowledge its error and reverse its own action. The fathers of our country determined that no such thing should occur herc. Tney withheld tho power from Con? gress, and thus forbad- its exercise by that body; and they provided in th.' Constitution that no State should passany bill of attainder, lt is, there? fore impossible for any person in this country to be constitutionally con? victed or punished for any erinn- by a legislative proceeding ot any sort. Nevertheless, here is a bill ol' attain der against nine millions of people at once, it is based upon au acensa tian so vague as to be scarcely intelli? gible, and found to bo true upon no creditable evidence. Not one of the nine millions was heard in his own defence. Tho representatives of the doomed parties were excluded from all participation iu tin; trial. The conviction is to h.' followed by thc most ignominious punishment ever inflicted on large masses of men. It disfranchises them by hundreds of thousands, and degrades them all even those who are admitted to be guiltless-from the rank of freemen to thc condition of slaves. The pur? pose uud object of thc bill -the gen eral intent which pervades it from beginning to end -is to change tho entire structure and character of tb?