The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-02-27

tervention of jur,, and without any
fixed rules OF 4aw or evidence. The
rules ON which offences are to be heard
and determined by the numerous agents,
are such rules and' regulations rs the
President, through The War Department,
shall prescribe. No previous present.
ment is required, nor, any Indictment
charging the commission Of a crime
against the laws, but the trial must pto.
ceed on charges and specifications. The
punishment will be, not what the law
declares, but sddh as court.martial may
Think proper, aid 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 territory and the
classes of actions and offences that are
made subject toahis measure are so OK.
tensive. the billitsclf, should it become
a law, will have no Limitation in point
of time, and viii form a part of the per.
manent Legislation of the country.
cannot recohcile n system Of militia.
Jurisdiction Of This kind, with the word
of the Constitution which declares that
No person shall be held to answer for
a capital or Otherwise Infamous crime,
unless'on a pressntment or indictment Of
Grand Jury, Except in cases arising in
the land and payal forces. or in the mill.
tia, When in actual service, in the time
of war or public danger" and that 'in
all criminal prosecutions, the accused
shall enjoy thesrlght to sdeedy and
public trial, BY; an impartial jury Of tl.o
State ofsIistfist wherein the crime shall
have been ce1imitted," Tho safeguards
which the experience and wisdom of
ages taught agr fathers to establish as
securities Tor jJIe projection OF Tue inno
cent, the punishment Of the guilty, and
the equal adnliQ$tration Of Justice, are
to be set aside; and for the sake of a
more vigorous ihterposition in behalf of
fjns'ice, we are to take the. risk. Of The
many acts of injustice that would neces.
sarily follow from an almost countless
number OF agents established in every
parish or county in nearly third of the
States in the Union. over whose deci.
sion there is TO be no supervision or con.
sros b the Federal Courts. The power
i that would be then placed in the hands
Of the President is such,as, in time OF
peace, certainly ought never to be ell.
trusted 10 any onetman.
ifit be asked whether the creation of
such tribunal within State is war.
ranted as measure of war, the ques.
ton Immediately presents itself whether
we are still engaged i'll war? Let us
rot unnecessarily disturb the commerce,
credit. and industry of the country,
by declaring TO the American people
and to the world, that the United States
are still in condition of civil war. AT
present there is no part of our country
in which the authority Of the United
States is disputed. Offences that may
be committed by individuals sshould not
work forfeiture of the rights of whole
communities. The country has return.
| ed, and is returning, to a state of peace
and industry, and the rebellion is, in fact,
at an end. The measure, therefore,
seems to bc inconsistent with the actual
condition of the country as it is at vari.,
ance with the Constitution Of the United
States.
II passing from general consideration
we examine the bill in detail, it is open
TO weighty objections. In time of war
it was eminently proper that we should
provide for those who were passing sud.
denly from condition Of bondage to a
state Of freedom bur this bill proposes
make the Freedmen's Bureau, establish.
ed by the act'of 1865, as one of many
great and extraordinary military meas.
ures to suppress a formidable rebellion,
a permanent branch of the public admin.
istration, with its powers greatly en-
larged. have no.reason to suppose,
and l do not understand it to 90 alleged,
that the act of March, 1865, has proved
deficient for the purpose for which it
was passed, although at the time. and
for considerable period thereafter, the
Gnvarn o,ane of th.. JInitad Gtoto, -