Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1866-05-04


curing the party accused whether In criminal in
formation IN the esil suit for wrong done the BEN
edt o. an impartial ual In the courts o. ne country as
this bill very properly po'idss proyidif that he shall
be defended At the public expense, and 1T happens
ths In the execution Of bis duty he has invaded private
rights let the public, for whose sale and At whose
rnsnd he has invaded them. foot the bill That the
way 10 defend loyal soldier In my judgment, and do
not care to have my patriotism impugned because think
il The better way han 1t to enact anugaioTy law TO
Nj NYR Can the public go to prison for him
Mr. hnMUNDS They ought to go TO prison flr him
NIL YR They cannot very we'll
Mr. BbMUNDS 1.-The goes 10 prison, II is only As
qucnce u the criminal procedure which the public
Of course by pardon any time dispense from -
And It is open 10 little doubt whsher this act applies
to criminal casts atal IL ough, TO apply 90 them II
i Is civil case certainly the public can stand between
the officer and all harm by paying the dansges which the
law declares in favor Of the party whose private rights
have been invaded
There arc two classes people in this county to be
looked a, in this matter There are the soldiers who
must be protected and there the citizens who must
be protected They must both he protected in the excr
else Of their rghts 1t IL the right A II the duty Of
the soldier TO obey the mmands Of his superior officer
End he must be protected In doing IL is the right ~
the pesctabe citizen In loyal community where civil
Law prevails 20 be from search, stzufe arrest,
imprisonment, except by doe process Of law or the
Judgment Of his peers One right is a. sacred as the
Of the community let us not do Il At the expense Of
Other who equally deserve protection, but let US 90 sd
just our legislation by way ofind,mny, rather that Of
arbitrary ,dict, as to provide for both.
Mr.. HOWARD do not rise to detAin the Senate
on the qussti,n II this amendment.
Mr. BENDRlt KS. 1.-The Senator does not desire TO
70 On tonight will move an adjournment
Mr. howard l shall occupy but Ia few minutes.
The effect Of the dment from tie honorable Senator
fem Vermont ~i b. to withdraw the protection afforded
by this bill from all persons Who have committed any Of
the contemplated by he bill in any State where
lial law has not been proclaimed 80 understand the
honorable Senator, and II mtun stand should be
very glad 70 be corrected.
Mr. BDMUNDs The effect Of the amendment is
hs in all States where marts law did not exist At the
a.. ~. .l.NmV 4 L..a H..
and in ali States whore there rebellion this stA
ute dots not IN and for itte operate defense but
su allows II my amtndment be accepted transfer Of
the 10 the Federal courts ard TO be offend, there
upon be same principles that any other act Of public
ofioeT would he
Mr. HOWARD Simply applying it, then, to the
question offtmovsli
Mr.. EDMUkDs Yes, sir.
Mr. HOWARD. Well Mr. Ptesident, cannot vote
for this smtndh ent cannot by my vote turn
innocent officer soldier u the Union, who has don
such acts onttmplsd by this BILL to the verde,
Of local jury. hat would be The consequence, II
defstAnd 1t, Of the adoption Of the amendment OF the
Senator iiom Vtim' It would be expose defend
ants in all suth to the political pre- JUDGES and
sopt preludc,s which nigh, happen to exist in the par
ucuar locality against the person who happened TO be
defendant
Mr. DooLIITLE II the Senator from Michigan
will give away desire 20 suggest that this very i'm
potttbt question: and understand ihatit is desirA-
BE that there should he short executive session. II
the Senator Ill give way will move an executive
sion.
MIR HOWARD. IfIintendsd to make a speech Of any
length would Pive way with great pleasure; but as
shah close hope The Senate will indulge to the
ard
Mr. DOoLITTLE. 1hisis very impor,at t question,
and 4 ihould like to hear the Senator upon it,
Mr. HOWARD MI President, what is meant by
Miia law" IN the amer dmtnt Of the honorable Sen
Ator from Vermont What does II include lst the
martial law that IL 10 be established, established
by simple pfoctmt ton Of the commander Of the depart
M NJ or the particular itticti lssuch pr camaiion
in oJsl State ihe sole origin Of martial law and
it is Necessary in every case that there should be such
fttastf a..
Untn forces in the seizure Of property that he might
fud abs luUy Necessary for the subsistence Ct his
uooi y Surely did not suppose that the honorable
Senator ION Vermont would give buth a def
milton TO the tenn maTtiAlaw.' do not understand
TO be ihus limited Tale the case Of Illinois or Of
Ohio Uuon troops have been marched and counter
marched through those Statet actual hostltes have
existed in ihose stats battles have been foughtin Ohio
and PENN ysIia Iethe1 Of which WAS pTttlsmtd TO
be deI Aithl law and foul hit in particular lotalu,s
where here is pre- that martial law ha thus been
IroclAimtd ash the honor abe Senator from W rmt
whtth.r there be not the .se necessity in such case 10
extend this protection 10 Union threIs End Union sol
dieTs as u ere vas IN localities subject TO the formal pr
lamations Of msrti law.
Mi IDMUNDS ! do not think there 10.
Nj. HOWARD The honorable Senator nom Yer
montsays he does not think ihee is that necessity
here ay not be that NECESSITY TO the same degree in
reference to all u zee states probably should dis
from the honorable Senator in that Of the qus
ton but that II eie is some necessity II at that Gees
sy is OF fufeitnt magnitude to justify US in passing
this act, have doubt. What the in South
Carolina. for instance, during eheimsn's famous march
TO the scar Was thee martial law in South Carolina
iO,lamtd by the tommaidGl never bsaTdofi
Nj. EDMUNDS 1t was notrtprssened in Congress.
MIR BONAhD. But that makes no difei tnce
the TIincpe Now sir the great object Of this bill is,
in every t{se where soldier tosi has acted In good
faith undef order add ssstd TO him intenosd for
him extend to him the protection Of the law against
the consequences Of sny act which he might do and per
form under that order ~ under color tf that cider and
10 enable tbe defendant in such as hat TO transfer
the prosecution of The suit (of he prooet ding may he
criminal Of it may be cvi) irtm The local OF state tiibu-
n oil he ar
opportunity ofpIeseniirg his case to court and jury
OF infected by the LEGAL IItudices OF the place where
ihe act was mitied.
must COZ ftss that see no ground or reason what
ioT dttwng The distinction that s drawn by this
amtncmtn, Of The Ser atoT nom Vermont zee no r'a-
Why il should OF be APP lied well in loyal States
IN the OF acts by military feere soldiers TO
the spmt acts Nhtn performed IN rebel States OF in
State VI der mAnia law The reason is the same in both
cases, he gi6ai Of jet b'iR Tie protection Of the sol
der the osI in the die, barge OF his duty and that
is duty vmth hold dtv,y's upon CcpgitsS sol
der ieeT Who IL subordinate must not omit
obey The oIdtT 1.-The refuses 10 do 30 it always at the
reril Of is life G. fimpionmsnti and to expose
son hut siiused 10 tb, otnaqusnc6s which might flow
IN suit prosecution IN tonmi niiy where there
were sutDR pIsJutioss against HIM IL something i'm
tRne Vbih VI ought not 10 do The bill is nothing in
my judtm'nt Tut simple, prktd justice Appicste to
one case ~ well as TO smother, and TO locality as
well rs smother
April 30, the vote taken the smendm Of Mi
Edmp nds. and it was itjeeted-As follows:
Ss S6Sssn pSS9 hSTs sS
NAYsMtsrr Anthory handler, Clerk, conness. oIssn,
noooLsns Of diana Lane q kantA Morgan Nye PomeIoy,
nsms,y spslns sltwatt sumner Ilumhnl Van
ABSENT htssts Brown, Davis n1on, Tesst Harris,
Month"; Norton, Poland, Ridde. and WIght-lo,
hr. Edmuuds subsequently moved amen dment
requiring the United States to defend and indemnify
and harmless defendant in suits embraced in the
bill MI Hove favored provision that the Government
Sd all furnish counsel but opposed indemnify MIR. Ed.
m nod m N a.. srd do
Tended It entire. Senators Sherman, Williams, Guthrie
and He icks opposed the amendment (mainy for the
reason that 1t would invite proiecuions and WAS re
eeud without division The bill was passed Ito Is,
absent l5 Senators Fdmunds and Poland both voting for
the bill
Friday. April 81, was private bill day in
both Houses.
April 2s, the House was occupied with
general debate.
In the Senate, April 80, the Reconstruction
Committee reported a joint resolution and
bill.
The Library Committee reported a joint
resolution for the purchase OF the library OF
James l.. Pettigiew, OF South Carolina, for
the law library Of Congress.
The Post Office Appropriation bill was
taken up.
Mr. Trumbull offered the following amend
ment;
mo person, exercising or performing the