arrant? Of what avail to ask for the privilege of
bail when in military custody, which knows no such thing as bail? Of
what avail to demand a trial by jury, process for witnesses, a copy of
the indictment, the privilege of counselor that greater privilege, the
writ of _habeas corpus_?
The veto of the original bill of the 2d of March was based on two
distinct grounds--the interference of Congress in matters strictly
appertaining to the reserved powers of the States and the establishment
of military tribunals for the trial of citizens in time of peace.
The impartial reader of that message will understand that all that
it contains with respect to military despotism and martial law has
reference especially to the fearful power conferred on the district
commanders to displace the criminal courts and assume jurisdiction to
try and to punish by military boards; that, potentially, the suspension
of the _habeas corpus_ was martial law and military despotism. The act
now before me not only declares that the intent was to confer such
military authority, but also to confer unlimited military authority over
all the other courts of the State and over all the officers of the
State--legislative, executive, and judicial. Not content with the
general grant of power, Congress, in the second section of this bill,
specifically gives to each military commander the power "to suspend or
remove from office, or from the performance of official duties and
the exercise of official powers, any officer or person holding or
exercising, or professing to hold or exercise, any civil or military
office or duty in such district under any power, election, appointment,
or authority derived from, or granted by, or claimed under any so-called
State, or the government thereof, or any municipal or other division
thereof."
A power that hitherto all the departments of the Federal Government,
acting in concert or separately, have not dared to exercise is here
attempted to be conferred on a subordinate military officer. To him,
as a military officer of the Federal Government, is given the power,
supported by "a sufficient military force," to remove every civil
officer of the State. What next? The district commander, who has thus
displaced the civil officer, is authorized to fill the vacancy by the
detail of an officer or soldier of the Army, or by the appointment of
"some other person."
This military appointee, whether an officer, a soldier, or "some
other p
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