The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1866-02-28

punishment Will be not what the law de-
clares. but such as q court-martial may
think proper. And from these arbitrary
tribunals there lies no appeal. no writ Of
error 70 any of the courts in which the
Constitution Of the United States vests ex.
clusiyely the judicial power OF the country.
While the territory and the classes of ac-
tions and offences that are made subjecs TO
this measure are 50 extensive. the bill IL
self. should il become q law. will have no
limitation in paint Of time. but will form a
part Of the permanent Legislation Of the
country. | cAnnot reconcile q system OF
military jurisdiction of this kind with the
words Of the Constitution which declares
that no person shall be held To answer
for capital or otherwise infamous crime
unless on a presentmrnt or Indictment of
grand jury, excep. in cases arising in the
land and naval force, or in the militia when
in actual service in time of war or public
danger" and that lin all criminal prose-
cutions the accused shall enjoy the right
TO speedy AMI public trial by au Impair
tisl Jury Of the State or district wherein
the crime shall have been Committed" The
safeguards which the experience and wis
dom Of ages taught our fathers 20 establish
as securities for the protection of the in-
noeeni. the punishment Of the guilty. and
the equal administration Of justice. are to
be SET aside. and Tor the sake Of more
vigorous interposition. in behalf OF JUS
tice. We are 20 take the risk Oh the .many
acts Of injustice that would necessarily fol-
los from an almost countless number Of a.
gents. established ia every parish or eoun-
" in nearly third of the States oil the Ia
ion. over whuse decisions there Is to be no
supervision or control by the Federal
courts. The power that would be thus
placed in the hands OF the President is
such Is In tine oil peace certainly ought
never TO be entrusted TO any one man.
IL il be asked whether the creation sf
such q tribunal within Stale is warrant
ed asa measure Of war, the question i'm
mediately presents itself. whether We are
still engaged in war; Let rs not unne
cessalily disturb the commere, and credit,
and Industry OF the country by declaring
to the American people and 10 the world.
that the United States are still in condi-
tion oi civil war. Al present there is no
part oi our country in which the su,hority
sl the Uaitsd States is disputed. Odences
that NAV be committed by individuals
should not work Q forfeiture of the rights
OF Whole communities. The countIy has
returned or is returning ts a state of peace
and industry, and the rrbellinn is in fact
~ an end. The measure. therefore, seem,
20 be as inconsistent with the actual con
dltIon Of the country as IL Is at variance
with the Constitution OF the United States.
II. passing from geaeral considerations.
we examine the bill in detail, il il open 70
weishty objections.
ln time Of war IL was eminently proper
that We should provide for those who were
passing suddenly from a condition Of bond.
age 10 q state Of freedom. But this bill
proposes TO make the Freedrren's Bureau.
establlhed by the act Of 1865 as one cl
many great and extraordinary military
measures to suppress a formidable rebel
lion, permanent branch of the public ad !.
millstration, with lis powers greatly ca.
larged. have no reason 20 suppose. aud
! do not understand il TO be alleged that
the act of March. 1865, has proved def
cieat lor the purpose Tor which IL was pass.
ed. although at that time. and for corsid-
cradle period thereafter, the Government
OF the United States remained uuackno~l-
edged in most of the States whose inhabi-
tan;s had been involved In the rebellion.
The insiitution OF slavery. for the military
destruction Of which the Freedmen's Bu.
reau was called into existence as an auril.
larry, has been already effestually and final.
ly abrogated throughout the whole country
by an amendment Of The Constitution Of
the United States. aud practically its Grad.
ication has received the assent and con.
currenee Of most Of ihose States In which
IL at any time had had an existence. lam
not, therefore, able to discern IN the con-