"Precedents, both judicial and legislative, are found in sharp conflict concerning them. The line which divides these precedents is generally found to be the same which separates the early from the later days of the republic. The further the Government drifted from the old moorings of equality and human rights, the more numerous became judicial and legislative utterances in conflict with some of the leading features of this bill." He argued that the section of the bill providing for its enforcement by the military arm was necessary, in order "to fortify the declaratory portions of this bill with such sanctions as will render it effective." In conclusion he said: "Can not protection be rendered to the citizen in the mode prescribed by the measure we now have under consideration? If not, a perpetual state of constructive war would be a great blessing to very many American citizens. If a suspension of martial law and a restoration of the ordinary forms of civil law are to result in a subjection of our people to the outrages under the operation of State laws and municipal ordinances which these orders now prevent, then it were better to continue the present state of affairs forever. But such is not the case; we may provide by law for the same ample protection through the civil courts that now depends on the orders of our military commanders; and I will never consent to any other construction of our Constitution, for that would be the elevation of the military above the civil power. "Before our Constitution was formed, the great fundamental rights which I have mentioned belonged to every person who became a member of our great national family. No one surrendered a jot or tittle of these rights by consenting to the formation of the Government. The entire machinery of Government, as organized by the Constitution, was designed, among other things, to secure a more perfect enjoyment of these rights. A legislative department was created, that laws necessary and proper to this end might be enacted; a judicial department was erected to expound and administer the laws; an executive department was formed for the purpose of enforcing and seeing to the execution of these laws; and these several departments of Government possess the power to enact, administer, and enforce the laws 'necessary and proper' to secure those rights which existed anterior to the ordination of the Constitution. Any other view of the powers of this Government dwarfs it, and renders it a failure in its most important office.