Indiana American. [volume] (Brookville, Ind.) 1865-1872, 1866-03-02

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who is thus to exercise the Office Of a
Military Judge, may be stranger, entirely
ignorant of the laws of the place, and
exposed to errors Of judgment to which all
men are liable. The exercise of power
over which there Is no legal supervision,
by so vast nufnber of agents, as is con-
templated By the bill, must, by the very
nature Of man, be attended by acts Of
capr.ce, injustice and passion: The trials.
having their origin under this bill, are to
take place without the Intervention of a
jury, and without any fixed rules of law or
evidence. The rules on which offenses
are to be heard and determined by the
numerous agents, are such rules and regu-
lations as the President through the War
Department shall prescribe. No previous
OBSERVATION-DISCLOSURES. nor any indictment
charging the commission Of a crime against
the laws, but the trial must proceed on
charges and specifications. The punish
ment will not be as the law declares, but
such as court martial may think proper !;
and from these arbitrary tribunals there
lies no appeal, no writ Of error to any of
the courts in which the Constitution of the
United States vests exclusively the judicial
power of the country, while the re ritory
and the class of actions and offenses that
are made subject to this measure, are 50
extensive. The bill itself, should it become
a law, will have no limitation in point OF
time, but will form part ofthe permanent
legislation of the country. 1 cannot rec
oncilc system of military Jurisdiction of
Ind . n.
which declare that ''no person shall be held
toanswer for capital or otherwise infamous
crime, unless on presentment or indict-
ment of Grand Jury, except in cases
arising in the land or naval forces, or in the
militia, when in actual service, in time of
war o, public DANGER" and that '.in all
criminal prosecutions. the accused shall
enjoy the right to speedy and public trial
by an impartial jury of the State or di .trict
wherein such crime shall have been COM
mitted.' The safeguards, which the wis
dom and experience of ages taught our
fathers to establish as securities for the
protection of the innocent, the punishment
of the guilty, and the equal administration
of justice. are to be set aside; and for the
sake of a more yigoroue interpostion in
behalf Of justice, We are to take the risk oil
the many acts of injustice that would, Of
necessity, follow from an almost countless
number Of agents, established in every
arish or county, in nearly third of tho
States Of the Union, over whose decision
there is to be no supervision or control by
the Federal Courts. The power tina, would
be thus placed in the hands Of the President
is such as in time Of peace certainly oughl
never to be entrusted to any one man. II
il be asked whether the creation of such d
tribunal within aS;ate is warranted as a
measure OF war, the question Immediately
presents itself, whether we are still engaged
in war. Let us not unnecessarily disturb
the commerce and credit and industry Of
the country, by declaring to the Americas
people and the world that the United States
are still in q condition Of civil war. Al
present there is no part of our country in
which the authority Of the United States
is disputed. Offenses that may be commit
ted by individuals, should not work q
forfeiture of the rights Of the same com
munities. The country has entered, or is
returning TO state Of peace and industry
and the rebellion is in fact Mt an end. The
measure, therefore, seems to be as incon.
sistent with the actual condition of the
country, as it is ut variance with the
Constitution Of the United States. If
passing from general considerations, we
examine the bill in detail, it is open to
weigbty objections. In time Of war it was
emnently proper that we should provide
for those who were passing suddenly from
a condition of bondage to a state of free.
dom. But this bill proposes TO make tho
Freedmen's Bureau, established by the act
of 1865, as one OF many great and extraor.
binary military measures TO suppress d
formidable rebellion, permanent branch
of the public administration, with its power
greatly enlarged.
/ have no reason to suppose, and | dc
not understand il to be alleged, that the
act of March, 1865, has proved deficient
for the purpose for which it was passed
although at that time and fora considerable
period thereafter, the Government Of tho
United States remained unack owledgcd
10 most of the States whose Inhabitants had
been involved in the rebellion.
The institution of slavery. for the mill.
tary destruction Of which the Freedmen
Bureau was called Into existence as al
auxiliary, has been already efIectually and
finally abrogated throughout the whole
country by an amendment Of the Constitu
ton Of the United States. and practically
its eradication has received the assent and
concurrence Of most of those States which
at any time had existed. am not there
fore, able TO discern in the country anything
to justify an apprehension that the power.
and agencies of the Frcedmen's Bureau
which were effective fer the protection o.
freedmen and refugees during tho actual
continuation of hosiilities and of African
servitudc, will now, in time of peace ane
after the abolition Of slavery, prove made
quate TO the same proper ends. II ! an
correct in these views, there can be u,
necessity for the enlargement of the powers
Of the Bure u for which provision is made
in the bill.
The third section Of the bill authorizes
general and unlimited amount of support
to the destitute suffering refugees ant
freedmen, and their wives and children
Succeeding sections make provision for tn,
rent or purchase of landed estates, fol
freedmen, aud for the erection, for their
benefit, of suitable buildings for asylum,
aud schools, the expenses to be betrayed
from the treasury of the whole people.
The Congress Of the United States ha,
never heretofore thought itself competen
IN esfa hlish anv laws hevond tho l;mi.s n