Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1866-02-24

This military Jurisdiction also extends to
III questions that may arise respecting con.
Irucs. The sgeu, who is thus TO exercise
he otfice Of mili,sry judge may be
stranger, entirely iguorsnt OF the laws OF
the place, and exposed TO the errors of
Judgment TO which all men are liable. The
exercise o. power over which ttete Is no
legal supervision by so vast number OF
agents as is contemplated by the bill, must,
by the very nature Of man, be attended by
acts Of caprice, injustice aud passion.
The trials having their origin under this
bill are to take place without the interven.
ton Of o jury, aud without any bx d rules
of Law or evidence. The rules on which
fences are to be heard and de'er mined by
the numerous agents, are such rules and
regulations No the President, through the
War Department shall prescribe. No pre-
yious preseDtment is required, nor any
indici meut charging the commission OF
CT: me against the laws, bn' the trial must
proceed on charges aud specifications. The
psnishment will be not what the law de.
clares. hut such as court martial may
think proper, and from these arbitrary
tribunals there lies no appeal, no wit OF
error to any OF the courts In which the
Consultation Of ibe United S:aies vests
exclusively the judicial power of the coun
Try. =
While the territory aud the class o;
actions and offences that are made subject
TO the measure are so extensive, The Dill
| itself. should it become q law. VIII nave no
mi,atiou in point of time, but will form
part of the permanent legislation OF the
coun,ry cannot reconcile system Of
military Jurisdiction Of this Kind with the
words of the Constitution, whch declare
Ina, "no person shall be held TO answer for
n c.pital or other Infamous crime unless
On a presen, ment or indictment of grand
Jury, except in cases arising 10 the land or
naval forces, or in the militia when ia act
ual eryice. 10 time Of war or public dan
ger. aud that in all criminal prosecutions
the accused .haII Ell y the right to y
speedy aud puhlc trial by an impartial
iurv of the Safe or district wherein the
crime shall have been committed"
The safeguards which the wisdom and
experience OF ,gs taught our fathers to
establish as securities for the projection O
the innocent, the pun shmsnt Of the guilty
and the ,alsl administration Of justice, are
TO be Sc, aside, aud Tor the sake Of a more
vigorous interpostion on behalf OF justice
We are TO take the ri.k OF the many acis u
irinstice ha. would Of necessity follow from
an almost coun, less number OF agents, es
,ablished in every parish or county IN nesri!
a third of the States Of the Uoion. owe
whose decision there is TO be no supervision
or control by the Federal Cour's. TIN
power that would I've thus placed in th
hands Of the President is such, as in tim,
Of peace, certainly ought never TO be Gu
irns'ed to any one man.
IL il be asked whether the creation O
such tribunal within State is warrante e'
as measure Of war, the question immedi
slely presents itself whether We are sill
engased in war. Let us no: unnecessar IT,
disturb The commerce, aud credit, AIT
Industry of the country. by declaring to th
American people and the world, hat ,b
Uu,tei Siates are still in q condition q
civil war. At present here is no part q
our county In which tie authority Of tn
United States is disputed Offences tba
nay be committed by individuals, shoul
not wo'k II forfeiture Of the rights of cou
muui,ies. TIE country has entered. or
re- u'ning to q state Of peace and industry
sDd the rebellion is, in fact, st On enc
The measure therefore. seems TO be as il
consistent with The actual condition OF III
country, as it 10 n variance With the Col
s,i,ution Of the United States.
II, passing from general consideration
we examine the bill in detail, it ID open I
weigh,y objections. In time of war il WI
eminenlly proper hat we should provide f
those who we're passing suddenly from
condition uf bondage TO q state OF freedom
bur thi. bill proposes ID make the Free
men. Bure euu, as established by the act
S65. Ms one Of be many grea' and extr
OrdlDary military measu es to supp es.
formidable rebellion, n permanent branch
he public administration. with i,s powe
greately enlarged. have no reason
suppose, and l do not understand it TO b
alleged that the set Of March. 1865, hs
proved deficient for The purpose for " bic
il was passed, although at that time au
for . considerable period thereafter tt
Government Of the United S ates remain
ed udackuOwledged in most Of the Stat
! she-a the inhabitants had been involved
The I. heilioa.
The ins,itu,,.n Of slavery. for the niital
destruction Of which .,.e Freedmeus Blre,
was called into existance 40 Al sux'lla
E force. has been already rf.c;usmy al
, 6nally abrogated throughout the whu
( country by an amendm-nt of the Consti
I tion Of the United States, and prsc,icall
. its eradication has received The as en-, al
concurrence Of most Of those 5 ales
! which il at any lime had existed. l a
not, therefore, able to discern in The count
any thing to justify an apprehension ,h
{ the powers aud agencies of the Frst dna
, Bureau, which wet, effective for The pI
lection Of freedmen aud refugees during q
actual continuation Of hostillities aud
, African servi'ude. will now. 10 time
peace and after the abolition of slave
prove inadequate to the same proper enc
!. II am correct in these views there can
h no necessity for the enlargement Of t
: powers of the Bureau, for which provisi
!, Is made 10 the bill.
v The third section Of the bill uu horize
a ge eral aud unlimited amount of support