228 



CONGRESS, UNITED STATES. 



Representatives. Is it desirable at this moment, 

 at this critical stage of our affairs, to throw 

 into the hands of a rebellious community this 

 additional political power? For my part, I am 

 unwilling to agree to any such thing." 



Mr. Buckalew, of Pennsylvania, said : " Mr. 

 President, my vote has been solicited for the 

 present amendment, by gentlemen in whose 

 judgments I have very much confidence ; and 

 in one respect the adoption of the amendment 

 would be quite proper, perhaps beneficial. In 

 so far as it places a limit upon this enormous, 

 novel, and portentous military power the bill 

 intends to establish, it may be vindicated by 

 sound reasoning and considerations of public 

 policy. Any limitation whatever will be better 

 than the absence of all limitations in the prop- 

 osition as introduced before us. 



" But, sir, there are two reasons which will 

 induce me to vote against this amendment. In 

 the first place, I am opposed to the proposition 

 which it contains upon a consideration of the 

 merits of the proposition itself. I am averse, 

 from thorough conviction, to the introduction 

 of any State into this Union, or to her rehabil- 

 itation with all her former political powers, 

 upon the condition that she shall make suf- 

 frage within her limits universal and unlimited, 

 among the male inhabitants over twenty-one 

 years of age. I need not go over the argument 

 upon that point. I have stated it upon a for- 

 mer occasion. 



" In the next place, I know perfectly well 

 that a vote for this amendment, although given 

 under circumstances which do not commit me 

 to the proposition as a final one, will be mis- 

 understood and perverted. It will be said 

 throughout the country, of each of those who 

 stand in the position in which I stand, that we 

 have departed, to some extent at least, from 

 that position which we have hitherto main- 

 tained, and maintained against all the influ- 

 ences of the time, against the pressure of cir- 

 cumstances which have swept many from our 

 sides, and carried them into the large and 

 swollen camp of the majority. Sir, I for one 

 am ambitious of being known as one among 

 that number of men who have kept their faith ; 

 who have followed then- convictions ; who have 

 obeyed the dictation of duty in the worst of 

 times ; who did not bend when the storm beat 

 hardest and strongest against them, but kept 

 their honor unsullied, their faith intact, their 

 self-respect unbroken and entire. 



" I shall not vote to degrade suffrage. I shall 

 not vote to pollute and corrupt the foundations 

 of political power in this country, either in my 

 own State or in any other. I shall resist it 

 everywhere, and at all times. If overborne, if 

 contrary and opposing opinions prevail, I shall 

 simply submit to the necessity which I cannot 

 resist, leaving to just men and to future times 

 the vindication of my conduct. 



"Now, sir, what is this measure? I shall 

 be anxious in all that I say to be brief, and to 

 speak only on points which are material. Sir, 



this bill is prepared and introduced to confer 

 upon five military officers of the United States 

 the power to fine, to imprison, and to kill 

 American citizens in one-third of the territory 

 of the United States, without any restraints or 

 limitations, such as are written in the most 

 solemn manner in every fundamental law 'in 

 the United States, both that of the Federal 

 Government and those of all the States; ay, 

 and of every Territory, too, whither our hardy 

 pioneers have gone and established republican 

 governments, fashioned and modelled after the 

 examples of the States from which they went. 

 With no right of trial by jury, no challenge to 

 the tribunal which tries the accused, no com- 

 pulsory process for witnesses, no right of ap- 

 peal, the victim stands defenceless before arbi- 

 trary power ; he must bow to its mandate, and 

 submit to its decree. Not a constitutional prin- 

 ciple, hitherto regarded sacred in this country, 

 is written down in this bill, or covered by its 

 vague and general phraseology, more indefinite, 

 vague, and indeterminate than that of any stat- 

 ute now upon the records of this Government ; 

 ay, or of England, abused and traduced Eng- 

 land, of whom we complained because her gov- 

 ernment was arbitrary, and, therefore, took up 

 arms to throw off its jurisdiction, and vindicate 

 American freedom. 



" The General of the Army is to assign, to 

 the command of each of the military districts 

 created by this bill, ' an officer of the army 

 not below the rank of brigadier-general,' and 

 to detail a sufficient force to give dignity and 

 effect to the jurisdiction conferred upon him; 

 and there is conferred upon each district com- 

 mander, in the third section, power 'to punish, 

 or cause to be punished, all disturbers of the pub- 

 lic peace and criminals,' of every description 

 and grade. He may in his pleasure, by no rule 

 of law, by no regulation of statute, by no prin- 

 ciple known to the Constitution or created by 

 Government, but according to his own unregu- 

 lated pleasure and will, condescend to turn cases 

 over to the courts. 



" And then the Supreme Court of the United 

 States, which your fathers established as the su- 

 preme tribunal of justice in this country, with 

 appellate powers from inferior tribunals, with 

 the great power of the writ of habeas corpus 

 in its hands to correct injustice upon the citizen, 

 is to be restrained from meddling in any way 

 whatever with this new, unexampled, and abom- 

 inable jurisdiction which the bill establishes. I 

 am mistaken, sir ; there is an exception. The 

 judges of your Supreme Court may have juris- 

 diction in particular cases, by a clause which I 

 propose to read. Neither the Supreme Court 

 nor any judge of that court, or of the district 

 courts, can issue a writ of habeas corpus, or 

 look into the legality of any proceedings in 

 which this military jurisdiction is concerned 



Unless some commissioned officer 



Some dignified lieutenant of the second degree 

 possibly 



