Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1866-03-01

law or evidence; the rule on which
offenses are to be heard and de-
termined by the numerous agents,
are such rules and regulations as
the President, through the War
shall prescribe. No
previous presentments are re-
quired, nor any Indictment, charg-
ing the commission of a crime
against the laws, but the trial
must proceed on charges and spec
ifications.
The punishment will not be as
the law declares, but such as a
court martial may think proper,
and from these arbitrary tribunals
there lies no appeal, no writ of er-
ror to any of the courts in which the
constitution of the United States
vests exclusively the Judiciary
power of the country, while the
territory and the class of actions
and offenses that are made subject
to this measure are so extern
sive the bill itself should not be-
come a law, will have no limita-
ton in point of time, but will form
part of the permanent legisla.
ton Of the court.
| cannot reconcile a system Of
military jurisdiction of this kind,
with the words of the constitution,
which declares that no person
shall be held to answer for a CAPT
tai or otherwise infamous crime
unless on presentment or indict.
ment Of a grand jury, except in
cases arising in the land or naval
forces, or in the militia when in
actual service in time of war or
public danger; and that in all
criminal prosecutions the accused
shall enjoy the right to a speedy
and public trial by an impartial
jury of the State or district where.
in the crime shall have been com.
mitted.
The safeguards which the wis
dom and experience of ages taught
our fathers to establish as securi-
ties for protection of the innocent,
the punishment of the guilty, and
the equal administration of JUS
tice, are to be set aside, and fol-
the sake of more vigorous interpo.
sition in behalf of justice we are
to take the risk of the many acts
of injustice, that would, of neces.
sity, follow from an almost count.
les number Of agents, established
In every parish or county, in near.
ly a third of the States of the
Union, over whose decision there
is to be 10 superior control by the
Federal courts. The power that
would be thus placed in the hands
of the President is such as, in
time of peace, certainly ought
never to be intrusted to any one
man.
If it be asked whether the crea-
ton of such a tribunal within a
State is warranted as a measure
of war, the question Immediately
presents itself whether we are still
engaged in war. Let us not un-
necessarily disturb the commerce
and credit and industry of the
country by declaring to the Amer
lean people and the world that the
United States are still in condi-
lion of civil war.
At present there is no part of
our country in which the authori-
ty of the United States is dispu-
ted. Offenses that may be COM
mitted by individuals should not
work q forfeiture of rights of the
same communities. The country
has entered, or is returning, to a
state of peace and industry, and
the rebellion is, in fact, at an end.
The measure, therefore, seems
to be as inconsistent with the act
ual condition of the country as it
is at variance with the constitution
of the United States.
If, passing from general conside-
rations, we examine the bill in de-
tail, it is open to weighty objec-
tons. In time of war it was en-
inently proper that we should pro-
vide for those who were passing
from a condition of bon
1age to a state of freedom, but
this bill proposes to make the
Freedmen's Bureau, established by
the act Of 1865, as one of many
great and extraordinary military
to suppress a formidable
a narmanent branch &c