Evansville daily journal. (Evansville, Ind.) 1863-1866, 1866-03-02

Iii z saE i. EEl
where grand jury could be impsnneled
to maintain the law and Constitution of
the United States; and, are We to betold,
and is il to be seriously .ergued, that in
q district of countr5 thus situated +,
where courts cannot be held, wherein
the conflict of arms the civil tribunals
are overborne and expelled, and where
martial law prevails, that no person can
be tried or punished for any ofense. by
the military power, which is the only
powe. In existence at the time2
All paris of the Constitution of the
United States are 20 be constructed to-
gether and in harmony with each other;
and although the Constitution does not
provide for the protection of. the citizen,
that he shall not be tried for criminal
offense except on the Indictment or pre-
sentiment of q grand jury, and that he
shall be tried before q petit Jury, mani
testify these clauses of the Constitution
apply to condition of things where it is
possible to have court, to have a grand
jury and petit jury impaneled, and to
bring the offender to justice before the
civil tribunals; and the trainers of the
Constitution never intended, and such is
not the meaning of the instrument, that
when the civil tribunals were overborne
and grand jury could not be impaneled,
still you must have the presentment or
indictment of a grand jury. No, sir;
the same Constitution that contains
these guarantees for the protection of
the citizen 10 localities where the courts
are in operation. and where they are not
interrupted in the peac liable administra-
ton of justice, contains also clause au.
thoF.zing the calling out of the military to
enforce the laws of the Union, and TO
put down insurrection and rebellion; and
when this army is called forth it operates,
Mr.. President, not as civil tribunals
through juries and courts, butt operates
as armies operate. 1t proceeds to put
down rebellion by staying the rebel if he
is found in arms; without trial in court,
without impaneling juries; but, sir, il
does it in the exercise of the power
which is conferred upon the army. 1t
acts as an army and not as q court, and
the Constitution authorizes it to act as an
army and not as court; and the very
reason of giving this power to call forth
the army is because the courts are un.
able to preserve the peace and punish
offenders. -
The President says:
81 can not reconcile system of mill
tary jurisdiction of this kind with the
words of the Constitution"
Sir, if I might be permitted to ask a
question of the President of the United
States, would inquire, if you can not
reconcile a system of military jurisdic.
ton of this kind with the words of the
Constitution, why have you been exer-
cising it? Why have you been organic
ing courts-martial and military commits.
sions all over the South, trying offenders
and furnishing some of them with death
Why have you authorized the present
Freedmen Bureau to hold bureau courts
all through the South 2 This has all
been done by your permission, and is
being done to-day. Then, sir, if you are
still in the exercise of this power now, if
you have been exercising it from the
day you became President of the United
States, how is it that you can not recon-
cile . system of jurisdiction of this
kind with the words OF the Constitu-
ton 2
Sir, does it detract from the Presi
dents authority to have the sanction of
law / want to give that sanction. /
do not object to the exercise OF this mill
tary authority of the President in the
rebellious States. j believe it is consti-
tutional, and 'legitinate and necessary !;
but | believe ConSsessshas authority to
regulate it. believe Congress has au-
thority to direct that this military juris-
diction shall be exercised by that branch
of the army known as the Freedmen
Bureau, as we'll as by any other branch
of the army.
But the President tells us, further,
that
1.-THE rebellion is, in fact, at an end.
The measure, therefore, seems to be as
inconsistent with the actual condition
of the country as il is at variance with
the Constitution of the United States. +"
Sir, in reply to that need only ask
question which / believe 1 have once
already asked. If the rebellion is at
an end, will anybody tell me by what
authority the President of the United
States suspends the writ of hGbeds CIR
pas in those States Whsre it existed
The act Of Congress of March 1868,
authorized the President of the United
States to suspend the writ of hGbeas
corpus during the present rebellion.
He saysit is at an end. By what au.
thority, then, does be suspend the Writ
The Constitution of the United States
declares that the writ of habeGs corpus,
that great writ of right for the protec-
ton of the citizen, shall only be sus
pended when in cases of rebellion or
invasion the public safety requires it.
The President tells you officially that
the rebellion is ended. We know there
is no invasion. By what authority,
then, does he declare the writ of hGbeGs
corpus suspended Sir, the rebellion is
ended, so far as the conflict of arms is
concerned; but the consequences of the
rebellion are not ended; peace is not re-
stored; the safety of the citizens where
the rebellion existed is not established,
and till it is, till the courts can be re-
established, till they can administer
justice peacesbly, till the people can be
protected against lawless bands, from
prejudiced Shareholders, from incensed
rebels, the military authority may be
properly continued in all those States,
and the President is authorized, in my
opinion, to suspend the writ of hGbeGs
corpus. But, sir, by his own declara-
ton let him stand orsfall. If it is com
petent to suspend the writ, if it is com
petent for military tribunals to sit all
through the South, and entertain mill
tary jurisdiction, this bill, which does
not continue jurisdiction, does not estsb-
lish military jurisdiction, but only au.
thorizes the officers of this Bureau, while
military Jurisdiction prevails, to take
charge of that particular class of cases
affecting the refugee and freedman
where he is Disseminated against, can
not be obnoxious to any constitutional
objection.
The President further says that
"This bill proposes to make the Freed
mems Bureau, established By the act of
1865, ss one of many great and extra
ordinary military measures to suppress a