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Debate in the Confederate Congpens—tmas tial Law. Richmond, Monday, April,15. ‘House of Representatives —Mr.“Rus sell, from the Committee on the Judiciary, reported, with a reccommendation that the same do pass, the following’ resolutions relative to martial law : : Resolutions relative to Diaritan Law. I. That martial law, in the sense of an arbitrary suspension of all the laws and civil jurisdiction, cannot exist within the Confederate States. 11. Martial law in any sense, if it can exist within the Confederate States, can only exist by virtue of legislative author it ine Military law (for the government of the forces) is distinct from martial law, and is enacted by Congress in pursuance of the Constitution. _ “IV: Without martial law military com manders may sometimes exert extraordi nary powers at and near the places occu pied by their troops, and may be justified by the nature and necessities of the ser vice, and therefore by the laws author izing the employment of the forces; but they assume the hazard and responsibility, according to known principles of law. V. For the security of lberty and the certainty of law, powers which are neces sary to be conferred on the President, or on military commanders, in lieu of the pow er to declare martial law within the Con federate States, ought to be conferred by distinct enactment. Mr. Russel said that martial law now ‘existed in the city of Richmond and in many portions of the Confederacy. The President still continued to exercise that power, and not only the President, but the generals in the field. He hoped the resolution would pass. The question being upon postponing and placing on the calendar, the question was decided in the affirmative. Mr. Garland moved to reconsider the vote by which the resolutions were post poned. The Speaker asked if Mr.G. voted with the prevailing side ? Mr. Garland—I did, sir; and for the especial purpose of making this motion and being heard; and for the oppressed State from which I come, I desire now to speak. Since about the 28th day of May last, up to a recent date, that State has been under martial law, and the condition of affairs there, I dare say, has been, dur ing that time, without a parallel. We are told by all persons—men trained in the law—that martial law is unknown to our constitution and our laws; it is without note—a habitation; yet for the time I have mentioned, say. .. been irnled by it, and almost by nothing else, in that country, in parts of which, if a disloy al citizen or a Yankee were to Grd ® his way, he could not safely escape ; no way thal law has ruled it. The oldest, best and truest citizens have been forced under its sway, yet it has no existence under our constitution or laws. The civil tribunals have been paralyzed, prostrated, dis placed, and this anomaly has usurped the prerogatives of all, yet it has no place un der the constitution or laws of the Confed erate States. Our citizens, magistrates, officials, and all, were forced to procure and carry with them their passports, like a negro does his dirty pass from his mas ter to see his wife on Saturday night.— Men who have contributed in blood and treasure, as much as any in the Confeder acy, to our cause, who have sent their relatives, the jewels of their heart, to be sacrificed in this struggle, and many of whom have bit the dust to rise no more, have been subjected to this rule, without name or place. Sir, things came to such a pass there that even to obtain your horse, taken from you illegally, you had to petition the Provost Marshal in power under this reign of martial law for leave to bring your suit. From Little Rock to the confines of Texas, one hundred and twenty-five or thirty miles, it has been in force ; and all offences against the crimi nal laws, for the trial of which ample means are provided by law—riots, rapes, and all others—have been taken cognizance of and tried by the officers under martial law. Men have been tried, sentenced to death and executed for alleged crimes, cognizable alone under the State code, by this non-existing power. .While I know that men have been thus sent to their last homes by virtue of the exercise of martial law—men who are citizens of the State that have honored me with the seat I hold here—it is not for me to permit this vote to be taken without giving my views upon this all important subject. I speak alone for that State; other gentlemen can speak for their own States. What I have said— and it is scarcely a tithe—can be and will be proved at the proper time. Then, sir, I, for one, have to say, if mar tial law does not exist by the Constitution and the laws, let us at once so declare — if it does exist, let us announce it with a declaration of its jurisdiction; who should declare it; who execute it; what are the rights and liabilities of both the govern ment, the State or her citizens under it ; define, in other words, its metes and bounds. We know it has been exercised, and cruelly so. Then, as the law-making power, we ought to set it aside, and so reg ulate it that our people may know what they are to expect under it, and upon what to rely. Sir Matthew Hale said, a long time since, martial law was no law, but rather something tolerated as a law.— From this committees of both the Senate and this House have not, departed very far. Now, it is our duty to see how this is, and fix it beyond dispute. I under stand Congress, with the sanction of the President, bring laws into being, and that our people, living as they are under a written Constitution with representative bodies to legislate for them, and a Presi dent to examine their legislation, are ruled alone by acts passed by these bodies; yet martial law is not created by Congress, and has no place under our Con stitution and laws. If martial law is to exist alone for the discipline or control of the camp, let us say so; or if it is to go beyond this and bring within its circle cit izens not connected with the army, by all means the people ought to know it, that they may prepare to conduct themselves accordingly. Its declaration, sir, is a re jection upon the patriotism of the people over whom it is exercised, and there is nothing done more to cripple, beat down and crush the hopes, confidence and ener gies of that people than the enlarging and enforcing of this horrid rule. With it, too, came all the filthy brood that is usually brought forth by such unnatural and loath some creatures—seizing of private proper ty, ignoring of private rights, and a tramp ling upon constitution and law. It occurs to me it is high time we were examining our landmarks; that we see where we have drifted ; take our reckoning now, lest we soon go so far as to lose sight forever of the standard of the people's rights and liberties, and lest, too, we will not be able to retrace our steps when we would here afthe fain horso. one of the Committee that reported the resolutions, I must ex press the hope that the House will re consider the vote just taken, and prec at once to consider this subject of such vast moment, and to settle it now, be and cavil or dispute. Should the House, how ave, adhere to the vote just taken, I now give notice I will, before the adjournment of his session, call for a joint committee of both Houses, to look into the subject of martial law fully, and fix its position, if it exists at all and to investigate the alleged fon and inhuman treatment of a free people ‘by men exercising authority in the State which I partly represent here. Mr. Baldwin of Va., addressed the House on the question, and instanced the case of ‘a citizen of Virginia, who had been arrest ed by Confederate pickets and carried a way, incarcerated in prisons, and could not be heard from by his family for nearly two years, because his name, which was Simmons, was spelt Simons, by the keep er of the prison, and it was thought likely the man would die from the inhuman treat ment he had received. He also noticed several instances where citizens had been arrested and imprisoned, and their prop erty confiscated, because they had are pted to bring liquor into the city of Richmond. ” Mr. Foote succeeded Mr. Baldwin, and urged, in a manner exceedingly earnest, the importance of taking up the resolution for immediate consideration. : House of Representatives.—The House resumbed the consideration of the resolutions reported by Mr. Rus sell from Committee on the Judiciary. The question being on the motion to reconsider the vote by which the resolutions were postponed and placed on the calendar. Mr. Barksdale addressed the House fon the question, opposing the recon sideration, and replying to the re marks of Messrs. Russell, Foote and Baldwin, he said the recent scene of riot and disorder which occurred in the city of Richmond a few days since, was conclusive evidence that martial law did not exist in this city, as averred by the gentleman from Virginia, Mr. Russell. As to General Hindman, he said he was not sufficiently advised to en ter fully into the facts of the charges against him; but while the gentlemen from Tennessee was indulging in vio lent denounciations, a testimonial of regard from the officers of General Hindman’s command was going abroad ‘Wruned the public prints) giving the highest testimony relative to the patri otism and gallantry of that officer. He argued that the resolutions, even 2 abuses exist, would not correct them. . Mr. Moore, of Kentucky, hoped the resolutions would not be postponed, but considered and acted upon. He quoted the opinion of Chief Justice Taney relative to the declaration of martial law in the State of Rhode Is land during an insurrection. The de cision of Justice Taney was that mar tial law could be declared by legisla tive enactment. Mr. Moore said that if martial law was not in force, it would be but a short time before it would be impossi ble to walk the streets in safety, for the ruffianism which was abroad in the shape of vampires, who were follow ing the misfortune and the fortunes of the Confederacy to build up for them selves princely fortunes. Mr. Kenan of Ga., said he hoped this matter would be laid aside. The resolutions affirmed nothing; they den ied nothing. They were useless and Congress had much better take up their time with something else than this matter. Mr. Conrad said that this thing of resolutions was more like the decision of a court than a legislative enact ment. It was like curing a spell of the goat with a corn plaster. Mr. Russell could not see any use in recommitting these resolutions. The Committee on the Judiciary had already decided on them, and the con mittee would not have a chance to report at all if there was longer delay. Mr. Foote, of Tenn., denounced the action of General Hindman, and read extracts from a pamphlet by Brigadier- General Albert Pike, formerly in com mand of the Indian country. General Pike affirmed that he had preferred charges against Major General Thom as C. Hindmand for high crimes and misdemeanors, viz. for declaring, with out rightful authority, martial law throughout the Trans-Mississippi Dis trict; for establishing an arbitrary aid, compelling merchants to receive Confederate money at par and to sell their goods to all comers, and at the prices fixed by the tariff had declar ed Confederate notes a legal tender in the payment of old debts as well as new; nine men were tried in Little Rock—part of them for desertion, others for treason and disloyalt—not by a court martial, but by a military commisssion composed of three per sons, none of whom were officers in the Confederate service, but appointed by Major-General Hindman himself. These nine men, conviction by this illegal tribunal, were shot by order s of General Hindman, he himself wit nessing the execution. One man was sentenced by the millitary commis sion to hard labor for six months, but General Hindman set aside the order and ordered him to be shot, which was done. . . . In the retreat from Van Buren, in January, as a man was marching past his own house, his child ran out and told him his wife was, dying without permission, he hastened to the house saw her die soon after, and then leav ing her body lying there, hastened to rejoin the command, hoping to obtain permission to return and bury her, and make some disposition of his little children; but instead, he was arrested by the provost guard and shot the next morning. He ordered Brigadier General Roane to hold a commission for the trial of offenders at Pine Bluffs, Ark, and to preserve no records.
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Milledgeville Confederate Union
Milledgeville, Georgia, US
Tue, May 12, 1863
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