The mountain Democrat., 1865-05-20

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by a Military CommissiOn, dnd that at the
hands Of the Pvssi4S-Ss ~Nsx. SE.'x'>1%Ss- &
to refer his case to the courts of the Uni
ted States wide open for his protection,
and, in the face of the laws and the Con-
stitution Of the United States, subjected
him to this illegal persecution. Sir, let
him stay where he is till the voice of pub
lie indignation or the whispers of con-
science compel his honorable discharge
not his pardon Till they who illegally
confined him shall beg him to come forthI
Mr.. Chairman, the alarming fact is this
Military Commissions do not even profess
to be governed by the laws. of the United
States enacted by Congress. They have
created department Of Jurisprudence un-
known 10 the laws of the United States,
nowhere embodied in the statutes or de-
cisions, called the "customs Of --sr."-
They try oyai.men in loyal States, where
no war RACES, for violation of what they
call "the usages of war;" Here are the
products of the future empire Of the Uni.
ted States; the rulings of the Judge Advo.
cate General on i" the usages and customs
OF war" applied to peaceful citizens in
loyal States where the courts are open,
where the law alone ought to be the rule
of every judgment and every conviction.
This invention of the law of "usages of
war" and military Offences" applied to
citizens and friends instead OF enemies,
annuls every act Of Congress-. In vain
does the act of the Sd of March, 1868,
punish the aiding of soldier to desert,
by one not in the military service, on legal
conviction, in courts of the United States;
in vain does the act of the 3d of March,
1863, punish fraudulent claims, false oaths,
forged signatures, forging papers, embez-
zling United States property, false receipts
for arms, purchasing arms from soldiers,
when committed by a person in the mill
tary force Of the United States, on con.
vicIion by court martial, and at the discre
tion Of the court martial, but in the third
section declare that any person not in the
military force Of the United States guilty
of those acts, shall forfeit certain fines,
and be subject to certain imprisonment,
on conviction in the courts of the United
States; for the military commissions pre-
sumo to punish every one of these act
committed by citizens in defiance Of the
law, securing them q constitutional trial.
by the act Of the ID Of March, 1881, Gorg-
ing pay certificates is punishable by the
courts Of the United States in the District
of Columbia; yet a military commission
Furnishes it within sight Of the open court
house, and OF the Presidents mansionl
The act Of March 8, 1868, expressly di-
reefs person guilty Of resisting the draft
to be arrested by the provost marshal, and
to be forthwith delivered to the civil au-
thortics, and, on conviction by them,
subjects him to fine and Imprisonment !;
but the military commissions have annull-
ed that law, and, instead Of delivering the
person up to the civil authorities for trial,
themselves hold and try, convict and pun
iSh him; and this when the courts of the
United States are wide open in the Dis
trict where Congress sits in peace and ea-
acts laws which are thus dehed Ii these
things be not arrested, there is no law but
the sword, no judge but the majority Of
military commission holding their com
mission at the will of the President.
Now, sir, | have word for the gentle
man from Kentucky [Mr. YcananL who
moved tc include persons engaged IN vio-
lating the rules aud customs of war. Does
that mean citizens of the United States in
loyal States, where the courts Of the Uni
ted States are open, where their act is
treason, for which the Statute of the Uni.
ted States says they shall be tried, on in
dictment, before thc courts of the United
States, and who, the Constitution says,
shall be tried no otherwise than by u jury
Of the State aud district in which the
crime was committed, and convicted only
on the testimony Of two witnesses? If it
is notorious that they are guerrillaS, why
in the name of conscience and common
sense cannot that be made to appear to q
Jury Of their loyal fellow citizens, to be
summoned by marshal appointed by the
President himself; prosecuted by dis,
trict attorney that he appoints adjudged
by judges who hold their office during
life; many of them now even appointed
by the President, and all liable to inpeach-
ment by US and conviction by the senate
il not fit to administer iusticc2 If it be
a matter Of doubt, then the prisoners are
entitled to that doubt; and if it is so plain
that there is no doubt, then any tribunal
will convict. That is my answer to that
proposed amendment.
MG Yeaman: ask the gentleman to
yield to me.
Mr.. Davis, of Maryland; Certainly, for
question.
Mr.. Yeaman: I only desire, Mr.. Chair:
man, to state that there is now a law eG
the Congress Of the United States pre-
scribng the mode and manner of trying
these vagabondS, cut-throats and robbers,
who have to-day become the greatest
scourge to the States Of Missouri, Tennes-
see and Kentucky. In reply to the sug-
gestion if il is so notorious that they are
guerrlas, why cannot it be proved and
established in a court Of justice, | will
say now that in three.fourths of Kentucky
we have no courts of Justice, because from
the acts of these men we cannot hold
them. In eight counties of my district
they have burned our court houses, and
the officers of the law cannot go there, ju-
ries cannot be summoned, and the wit
nesscs cannot testify. | will add, il the
gentleman will permit me-
Mr.. Davis, Of Maryland: cannot yield
for an argument.
Mr.. Yeaman: do not propose to make
an argument.
Mr.. Davis, of Maryland: 1t is impossi-
BILE for me to yield further. | must 60 on.
In the first place, if three.fourths of the
State Of kentucky are subject to incur
sions of guerrillas, the other fourth is not,
and that will furnish jurors enough. III
there is room to hold q military court,
there is room to hold civil court. If men
are not afraid to go to testify before a mil
,itary court, they will not be afraid to go
before civil court. If bayonets are need
nd tn nrotect them before q military court |