Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-03-31

courts OF the URited States are woe open 10 the
District where Congress sits IN peace and enacis
the laws which are thus dehed. 1t these things
be not arrested there is 10 Law bat the sword, 20
judge but the majority OF q military commission
holding their commission at the will Of the pres
ident
Nov, sir I have word for the gentleman
from Kentucky, Nj Yeamsn,I sho moved to
include persons engaged in violating the rules
and customs OF war Does that mean citizens OF
the United States 10 loyal states, where The courts
o. the United States open. where their act i
treason, tor which the statute OF the Unieed
States says they shall be tried, on Indictment,
before the courts of the United States, and
who, 10 the constitution says, shall be tried DO
otherwise than by jury OF the state and dis
;rict in which the crime was committed, and
convicted only or the testimony OF two VII
nessess if il is notorious that they are guer
rillss why in the name of conscience and
common sense cannot that be made to appear
TO a jury of their loyal fellow citizens, to be
summoned By marshal appointed by the pres
ideht himself: prosecuted by 4 district attorney
that he appoints; adjudged by judges who hold
their Office during life, many OF them even now
appointed by Mr. Lincoln, and all liable TO i'm
parchment BY and conviction by the Senate if
not 81 to administer justice! II it oe a matter
of doubt, then the prisoners entitled 10 that
doubt aud If it is plain that tberc Is no doubt,
then any tribunal will convict. That is my
answer to that proposed amendment
Mr.. Teaman-I ask the gentleman 20 yield 10
me
Mr. Davis Of alphabetically, for ques
ton.
Mr.. Yeaman-I only desire, M Chairman, to
state that there Is now a Law of the congress of
the United States prescribing the mode and man
ner OF irving these vagasOnds cut throats. and
robbers, who have 10 day become the greatest
scOurge to the states OF Missouri, Tennessee, ana
Kentucky. In reply to the suggestion. if 1t is 90
notorious that they are guerFillas why cannot
II be proved and established in court OF Justice.
! will say now that in three fourths OF Kentucky
we have DO courts OF justice, tecAuse from the
acts OF these men We cannot hold them. In
eight counties of nv own district they have burn
ed our court houses and the Ulcers OF the law
cannot 90 there, juries cannot be summoned and
Witnesses cannOt testify. L will add, II the gen
tleman will permit me
Mr.. Davis, OF Maryland-I cannot YIELD for
an argument.
Dir. feaman-l do not propose 10 make an
argument
Mr. Davis. OF Maryland-Itis impossible for
me to yield further. | must 20 on
In the firt place. if three iourths of the state
OF KENTUCKY are subject 10 incursions Of guerril-
las the other fourth is not, and that vi furnish
jurors enough lfthere is room TO hold mill
tary court there is room to hold civil court. 1t
men are not afraid to go to testify before Mill
tary court they will be afraid go before a
civil court. Ifbayonets are needed TO protect
them before a military court, baS onets can pro-
tect them before a civil court
Sir, this hsnkering after military courts s not
because they cannot be tried and convicted be
fore the courts of the United States If guilty;
but men mad with civil war want sharper ami
easier way to deal with criminals a. enemies IL
| is the cry for vengeance. and not justice' That
Is what II Is, and nothing else. | live in state
that has never dsgraced itself by rebellion, but
II has been disturbed by internal dissensiOns; and
| know the rancor0us hostility which his grown
up between men even of the same family. Aud
| do not wish military tribunals Ia apply their
harsh, sharp vengeance upon men who live upon
adj AGENT estates, at the instigation of personal
revenge, oil malice. without local public trial.
protected by the rights secured TO them by the
constitution and laws Of the United States, when
/ whispered lie NAV stain innocence with the
! pentt ntiay by the vote OF IRo out OF three Of
| military commission II they have committed
acts which render them dangerous, but are not
Grimm 81 or canuo, be owed, We have autho-
| Zed the suspension of the habeas corpus. and the
president Can hold them; not try, not convict,
not disgrace. net degrade not kill, but hold them
under the precautionary discretion conferred by
/
| If they have committed crimes known to the
law which can be proved, sud which it Is desira
Die to punish, the president can prove il before
| the courts OF the United States in MARYLAND, and
they can be convicted in the courts Of the United
States in Maryland
Now a word touching the amendment of nv
honorable friend from Ohio, Mr.. Schenck with
whom ! always differ with the greatest hesita
I Ion. Yet think that his logic will bring him
IN fheo ,ftbc
United states says that 10 Que shall be tried for
an infamous crime otherwise than by jury of
the state and district, except cases arising in the
military or naval forces of the United States any
enactment which authorizes any one TO be tried
/ in any other way in the states where United
States courts are open is itself void The tribu-
| nal which tries a not arising IL the military
| forces IN any other way is trespasser; and the
party who convicted has private remedy
for the injury he has sustained il the court had
no jurisdiction. No one violate the right of
the citizen TO immunity from military trial safely
whether We declare il or not. and every one has
! his remedy to day in the courts of the United
States, IN sDite OF any enactment, for every op-
/ PRESTON Why, then, place provision in the
law declaring these proceedings to be void? In
order that loud voice should go out from this
hall TO the American people, ringing over the
/ land to annOun e by authority that their repre-
1 CT FcN ECIO II &C II ucCid the uullttN Oh
/ the proceedings of these military tribunals and
to encourage the people to seek redress in the
courts. no, by crawling solicit ,tions at the hands
OF the president OF the United States. but of
right. by law before these courts, which are the
/ 81 ~ and the safety OF the American republic
| Nv honorable friead wishes me 20 strike out
| thar par, of NV amendment which provides that
those not liable TO trial by militar, courts now
/ held under their sentences should be discharged
or delivered 10 the civil tribunals for trial Sir,
! it il will satisfy any gentleman here. or remove
any doubt or hesitation, will most cheerfully
agree that the word "discbsrge" shall be stricken
ont, so that the provision will stand that these
men shall be delivered over 10 the civil tribunals
/ to be proceeded against according TO law-the
Americans brthright. But it is objected bv nv
honorable friend IRON Ohio NJ. Schenck that
these men. having first disputed the jurisdiction
OF the military court, will, when brought before
! 4 civil court. plead their former conviction ia
+ bar. know the eminent legal ability of nv
friend, and if be will run over IN his mind The
/ form of p en- that must be made in such a case
/ he would hnd that il would be this: On given
day, AZ given place, before A B ID z F and
/ u. military commission convened by order OF
/ the president of tie United States T. citizen
not in the militia , service OF the United States
vas convicted ioi violation Of the usages OF
War, or some crime known 70 the law, but
! punish bile by statute only in the courts of the
/ [ uted States, and sentence aud punishment
/ Ny learned friend would be the FIRST 10 pGI in
demurrer 70 such pict On the record il would