Page:Life and Select Literary Remains of Sam Houston of Texas (1884).djvu/391



following resolution, subntiitted by Mr. Cass on the 27th of June, being under consideration:

Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of prohibiting by law any Officer of the Army from assuming or exercising within the limits of the United States any civil power or authority not conferred by an act of Congress, and of providing an adequate punishment for such offenses.

To which resolution Mr. Hale offered the following amendment, viz.

"And that this said committee also inquire whether, at any time since the commencement of the late war with Mexico, any orders have been issued by this Administration conferring civil authority upon any Officer of the Army of the United States, to be exercised without the limits of the several States of the Union, and, if so, by whom, and to whom, and by virtue of what laws were said orders issued."

Mr. said: Mr. President, I will not vote for the amendment. I am perfectly willing to concede that orders were given under the late Executive while we were in a state of war with Mexico, for the occupation of the Territories, and, in some instances, of States, by military forces, and that on some occasions their people were subjected to martial law; but at the same time I shall insist that the circumstances of the case fully authorized the occupation of this territory at that time by the authorities of the United States, and that it was necessary for the proper conduct of the war against the enemy. I hold that this was not the case in time of profound peace.

During the war, the State authorities were not in a situation to give the security and protection to citizens that they were previously enabled to do, but which the United States was bound to do. Under these circumstances a considerable portion of the State of Texas was occupied by the forces of the United States, and temporarily placed under military government. California was similarly organized, and a military officer was appointed its civil governor for temporary purposes; but this was not during a time of peace — it was during war. I presume that no Senator here will say that the present necessities are of such a character as to authorize the exercise of military authority within the jurisdiction ol a State. If, sir, these acts were thus excusable, or if I could (375)