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What, then, is the ground on which this bill proceeds? The title of the
bill announces that it is intended "for the more efficient government"
of these ten States. It is recited by way of preamble that no legal
State governments "nor adequate protection for life or property" exist
in those States, and that peace and good order should be thus enforced.
The first thing which arrests attention upon these recitals, which
prepare the way for martial law, is this, that the only foundation
upon which martial law can exist under our form of government is not
stated or so much as pretended. Actual war, foreign invasion, domestic
insurrection--none of these appear; and none of these, in fact, exist.
It is not even recited that any sort of war or insurrection is
threatened. Let us pause here to consider, upon this question of
constitutional law and the power of Congress, a recent decision of
the Supreme Court of the United States in _ex parte_ Milligan.
I will first quote from the opinion of the majority of the court:
Martial law can not arise from a threatened invasion.


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