The bare statement of this case may put us on our guard. We may well hesitate to organize a single State under a military government, when we see where such a step will lead. If you approve one, you must approve all, and the National Government may crystallize into a military despotism.
In appointing military governors of States, we follow an approved example in certain cases beyond the jurisdiction of our Constitution, as in California and Mexico after their conquest and before peace. It is evident that in these cases there was no constraint from the Constitution, and we were perfectly free to act according to the assumed exigency. It may be proper to set up military governors for a conquered country beyond our civil jurisdiction, and yet it may be questionable if we should undertake to set up such governors in States which we all claim to be within our civil jurisdiction. At all events, the two cases are different, so that it is not easy to argue from one to the other.
In Jefferson’s Inaugural Address, where he develops what he calls “the essential principles of our government, and consequently those which ought to shape its administration,” he mentions “the supremacy of the civil over the military authority” as one of these “essential principles,” and then says:—
“These should be the creed of our political faith,—the text of civil instruction,—the touchstone by which to try the services of those we trust; and should we wander from them in moments of error or alarm, let us hasten to retrace our steps, and to regain the road which alone leads to peace, liberty, and safety.”
In undertaking to create military governors of States, we reverse the policy of the republic, as solemnly declared by Jefferson, and subject the civil to the military authority. If this has been done, in patriotic ardor, without due consideration, in a moment of error or alarm, it only remains, that, according to Jefferson, we should “hasten to retrace our steps, and to regain the road which alone leads to peace, liberty, and safety.”