foreign war without the boundaries of the United
States, or in time of rebellion and civil war within States or districts
occupied by rebels treated as belligerents; and a third to be exercised
in time of invasion or insurrection within the limits of the United
States, or during rebellion within the limits of the States maintaining
adhesion to the National Government, when the public danger requires its
exercise. The first of these may be called jurisdiction under military
law, and is found in acts of Congress prescribing rules and articles of
war or otherwise providing for the government of the national forces;
the second may be distinguished as military government, superseding
as far as may be deemed expedient the local law, and exercised by
the military commander under the direction of the President, with
the express or implied sanction of Congress; while the third may be
denominated martial law proper, and is called into action by Congress,
or temporarily, when the action of Congress can not be invited, and in
the case of justifying or excusing peril, by the President, in times of
insurrection or invasion or of civil or foreign war, within districts
or localities where ordinary law no longer adequately secures public
safety and private rights.

It will be observed that of the three kinds of military jurisdiction
which can be exercised or created under our Constitution there is but
one that can prevail in time of peace, and that is the code of laws
enacted by Congress for the government of the national forces. That body
of military law has no application to the citizen, nor even to the
citizen soldier enrolled in the militia in 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 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 forbids 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 cases a trial 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 freeman or speak
of the danger to public liberty in all parts of the country which must
ensue from a denial of it