The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-03-12


terrupted by the rebellion, nor in any such
State after said State shall have been fully res
tored il all its Constitutional relations to the
United States, and the courts of the State and
of the United States within the same are not
disturbed or stopped in the peaceable course
of justice"
Sir, the whole Jurisdiction to try and dis
pose of cases by the officers and agents of the
treedmen's bureau is expressly limited to the
time when these States shall be restored to
their constitutional relations, and when the
courts of the United States and of the States
are not interrupted or interfered with in the
peaceable course of justice. So far then,
from this bill establishing military jurisdic-
ton, upon which the Senator from Kentucky
and other Senators have so much harped, it
confers no jurisdiction to try cases one mo-
ment after the courts are restored and are no
longer interrupted in the peaceable admins
tration of justice. And, sir, let me ask, by
what authority is it that military tribunals
are sitting to-day at Alexandria, Virginia2
by what authority is it that the writ of habeas
corpus is suspended to-day in eleven States
when the Constitution of the Uuited States
says tn 1t writ shall not be suspended except
when in cases of rebellion and invasion the
public safety may require it. by what authO-
rity does thu President of the United States
obj ect to the exercise OF military jurisdiction
by that part of the army charged with the exc
cution of the provisions OF the freedmens
bureau when he. exercises that military juris-
diction himself by other portions of the army?
1t is not long since military commission in
the State of Georgia, without presentment or
Indictment of grand jury, tried and con-
victed white men for the murder of negro,
and, as understand, by the fiat of Andrew
johnson himself and by the judgment OF this
military commission, the men were executed,
as they ought to have been, for the murder
1t is but few days since a military commits
sion was sitting in Alexandria trying persons
charged with crines,-and they are held all
over the South. And yet that part of the
army connected with the freedmen's bureau
cannot exercise any such authority because 1t
is unconstitutional! Unconstitutional to do
by virtue Of a law of Congress what is done
without any law! -t
Sir, let me read what is being done in these
Southern States at this very time. l have be-
fore me an order issued by authority of the
President of the United States, dated On the
18th of January, 1866, signed by subordinate
of the @ Observation-Disclosures take it the
Commander-in-chief is answerable for the
orders of his subordinates - especially when
they are published and brought to his notice
and executed before his eyes. Here is an Or
der, dated the 18th day of January, 1866, to
protect persons against improper CT il suits
and penalties in the late rebellious States -
0f IGeneral orders, NO. b.
ia.- .r z- WAR DEPARTMENT,
% u ADJUTANT GENERALS OFFICE,
.al Tyis WASHINGTON, January IL, 1886.
To protect persons against improper civil
suits and penalties in late rebellious States:
Military division, and department command
ers, whose commands embrace or are compos-
ed of any of the late rebelIious States, and
who have not already done so, will at once is
sue and enforce orders protecting from prose-
cution or suits in the State or municipal
courts of such State, all officers and soldiers of
the armies Of the United States, and all per-
sons thereto attached, or in anywise thereto
belonging, subject to military authority, charg-
ed with offences for acts done in their military
capacity or pursuant to orders from proper
military authority; and to protect from suit
or prosecution all loyal citizens or persons
charged with offenses done against the rebel
forces, directly or indirectly, during the exis-
tenca of the REBELLION; and all persons, their
agents, or employees charged with the occu-
pancy of abandoned land or plantations, or
the possession or CUSTODY of any kind of prop
erty whatever, who occupied, used, possessed,
or controlled the same pursuant to the order
of the President or any of the civil or military
departments of the Government, and to pro-
tect them from any penalties or damages that
may have been or may be pronounced or adj
judged in said courts in any of such cases;
ecutions in any of said States, charged with
offenses for which white persons are not pros
ecuted or punished in the same manner and
degree. la. 80. t
BY command of Lieut.. Gen. GRANT.
7a zii u s-a E. d. TOWNSEND,
-." z.l- f.-u .El Assistant Adj. Gen.
There is an order of the President himself
I say of the President himself, though it is
signed E. d. Townsend, Assistant Adjutant
General, and by command of Lieutenant Cen
eral Grant. There is an order issued under the
authority Of the Commander-in-chief, by the
Lieutenant General, directing department
commanders everywhere to protect loyal
citizens against prosecutions by rebels for acts
done in support of the Government, and to
protect colored persons charged with offences
for which white persons are not punished in
the same manner and degree Where is the
authority to issue that order, dated on the
18th day of January lastp Sir, want to know
if there was authority to issue such an order
as that which is to-day being executed all
through the South, whether it is possible that
Congress has no authority to transfer that
jurisdiction from department commanders to
the commander Of the treedmens bureau
who is as much an officer of the army as is
Lieutenant General Grant himself i?
But where does the Executive get the power?
The Executive is hut the commander-in-chief
of the armies. made so by the Constitution;
but he cannot raise an army or single soldier,
he cannot appoint single officer without the
consent of Congress- He cannot make any
rules and regulations for the government OF
the army without our permission. The Con-
stitution of the United States declares in so
many words that Congress shall have power
" to make rules for the government and regu-
lation of the land and naval forces" of the
United States. Can it be that that depart
tnent OF the Government, vested in express
hxrf
to make rules for the government and regula-
ton of the land and naval forces, has no au-
thority to direct that portion of the land and
naval forces employed in the freedmen'S bureau
to exercise this jurisdiction instead of depar.-
ment commanders? Sir, it is competent for
Congress to declare that no department COM
manders shall exercise any such authority; it
is competent for Congress to declare that
court martial shall never sit, that military
commission shall never be held, and the Pres
ident is as much bound to obey it as the hum
blest citizen in the land uj lia ~
Sir, will read another order, issued within |
a few days, dated the 18th Of February, OF the |
present year: --h 'ti ifi'- %
HEAD QRs. ARMIES OF THE UNITED STATES,
ii' WASHINGTON, Feb. II, 1866.
y You will please to send to these headquar- |
tiers as soon as practicable, and from time to |
time thereafter, such copies of newspapers |
published in your department as contain sem
timents of disloyalty and hostility to the Gov
eminent in any Of its branches, and state
whether such paper is habitual in its utteran-
ces of such sentiments. The persistent publ |
cation of articles calculated to keep up hos
tility of feeling between the people of the diff
erent sections of the country cannot be tolera-
ted. This information is called for with a
view to their suppression, which will be done
from these headquarters only. A-
by command OF Lieut.. Gen. GRANT,
IL .-AN 'i-il". T. S. BOWERS,
~ '-1 Assistant Adj. General
There is an order issued within a week past,
the object of which is to stop the publication |
of newspapers containing disloyal sentiments. |
By what authority, if this be a time of peace, |
does the military exercise this authority? Can |
oil