Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-04-27
THE EFFECT OF THE LATE pR0CLhMA-
TION

ing monies LOT the same.
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THE EFFECT OF THE LATE pRoCLAMA-
TON.
The effect of the late proclamation of the
President in restoring the writ of haJeas corpus
and the full exercise Of civil jurisdiction, is
receiving very general discussion, but no com.
mon Interpretation. The terms Of the procla
nation itself seemed sufficiently explicit 10
warrant the impression which first prevailed,
that it was designed TO inuugurate the full res
toration Of civil law. But that such was not
the Presidents intention. appears from certain
recent reported declarations, we'll as from
the action of the War Department in the
premises. In reply to an enquiry of Gen.
Howard on the subject. the President is re-
ported to have said "that the proclamation
was a declaration of policy. and nothing more;
that it did not abolish military courts: did not
remove martial law, and was rot designed to
modify the operations of the Bureau any
respect whatever. On the contrary. it wns the
Presidents expectation nnd express desire that
tho administ. alton Of the Bureau should be
continued as heretofore, aud. that all judicial
functions ehould be exercised as the interests
justice ESluTt
A similar declaration was made in reply to
. despatch of Gen. Tillson. who was acting on
the presumption that martial law wns abolish
ed, and desired instructions how TO proceed
Aud in accordance with these declarations an
order seems to have been issued from the War
Department, to the various Commissioners of
the Freedman's Bureau. directing them to 'in.
form tho nono1a fhof tho
did not release them from the operation and
government Of military law"
In accordance with this view, is the recent
Aecision Of Judge Underwood, of the United
States District Court of Alexandria. who de-
eides that the proclama ton has nc effect upon
the status Of the Military Courts. assigning
however, the very strange reason, that inas
much as Texas is excluded in the proclamation,
the rebellion stilI exists tn, orghout the South.
In the case of Major Gee, whv is on trial be-
fore Military Commissisn at Raleigh, N. c.,
on charge Of cruelty to Federal prisoners, the
question is distinctly made, whether the pro-
clamation suspends the Military Courts or not
In this case orders from the War Department
issued subsequent TO the proclamation require
The Court to go on with the case. and the mil.
itary commandant in reponse to a writ of haJ.
cas- corpus returns that he holds the prisoner
under order of the President and refuses to
produce the body.
On the other hand, the Supreme Court OF the
United States, in the case of three citizens of
Indiana, who were arraigned and tried before
smilitary tribunal, on the charges of conspira-
ey and disloyalty, recently decided after elabo.
rate argument, that they W ere held illegally in
custody. and that the Military Commission
had no Jurisdiction legally to try and sentence
the accused And such, no doubt will be the
decision. in all cases, where military tribunals
asapme jurisdiction of offences committed by
civilians.
In the mean time. however, aud until the
hnsl withdrawal of the troope, and the re-
movai OF the Freedman's Bureau, which is es-.
ssntiaiiy military Jurisdiction. we are ne
cessari'y subjected to the restraints of military
law, the fatteriug promises Of the proclama.
pon 70 the cont rary notwithstanding Our
position is an anomalous one. and We can only
make the best Of It, hy avoiding all conflict
with the military, and exercising all the right.
which are vouchsafed, as the most e!.ectual
means Of bringing about their fall restoration.
Such 10 the advice Of General Jenkins. of
Georgia, who gives the following interpreta-
tion Of the effect of the proclamation and GER
tain military orders upon the military status in
that State. This statement, in certain particu-
1srs it will be seen, is local in its application
lst That the agents, in the several counties.
Of the F,eedmsn's Bnreau, sliIi bays jurisdic
Sion IN all eases 'bctsose,t Freedmen and ofheys
,ahen ts s,an inuolced does not ezeeed dfy dollars
exclusive Of interssk They may alec take coqni
zdnes Of aud try all o6enees committed By Freed
psopls Or against them, pyosided The punishment
dey. hprisonnssnt at hsrd labor" They ~ are y
also stil charged With Che duty Of examining
and approving OF disapproyipg labor contracts,
aud Of assisting and protecting, by legal means,
Fesedmeh requiring such aid Trials by strict.
y military commissions are dispensed with, ex..
eept whore the secqsed is a soldier, or the Of
Tense charged Is one..against the. Federal Coy.
IDLY have high authority for saying that
~ Prs:idsafi Proeiansati9n 4oes not: rep,oys
y.aItsa tGeo orfeperdts an asg tcay ppo,i The
Esesdaaa's .Bsaredx ~ tAs Anreiss OF IL lsdiG-
zs9t jrisasetion.n though :sis {, ,.o deemed sr.
tsssss e .esars y tribunals ~ spy sass
sist a..ass IN liz III IMPRESSION preston e & wss sg T.
qugssv, Department sf Georgia. Ints,k.rsnss;
Sfsssss sgdgs.s by tassasa ee,pus,, Niii not
.sssly i ever s0sd md : tfass sonaio. viii W 50 So
Since writing tbs sIoys; zee Nm :;.l th.
Frqtasos ia accordance With Tie opihton lof.
Attorney Gsnsfsl, has directed thatths Wit 81
hsesss corpus shOuld issqs ia the csse in which
ssMsa tefpsea BY Judge Undervood. and The