Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1866-03-01

uIiucf Sicn rules ana regulations as
the President, through the War
Department shall prescribe, no pre-
vious presentiment is required, nor
indictment charging the commission
Of crime against the laws, but the
trial must proceed on charges and
specifications. The punishment viii
be not what the law declares, but
such only as a court martial may
think proper, and from these arbi-
trary tribunals there is no appeal !;
no writ Of error to any OF the courts
in which the Constitution Of the u.
States vests exclusively the judicial
power of the country, while the ter
ritory and the class of actions and
offences that are made subject to this
measure are so extensive. The bill
itself, should it become a law, will
leave no limitation in point of time,
but will form part Of the perma-
nent legislation Of the country. I
cannot reconcile a system Of military
jurisdiction OF this kind with the
words OF the Constitution, which
declare that no person shall be held
to answer for a capital or other in
famous crime unless on a present
ment or Indictment of a grand jury,
except in cases arising in the land
or naval forces, or III the militia
when IN active 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 wherein the
crime shall have been committed.
The safeguards which the wisdom
and experience Of our forefathers
established as securities for the pro-
lection Of the innocent, the punish
ment OF the guilty and the equal adj
ministration Of justice, are to be set
aside, and for the sake Of a more
vigorous interposition in behalf OF
justice, we are to take the risk of
many acts Of injustice that would OF
necessity form an almost countless
number of agents, established in
every parish in the county, in
nearly a third Of the States Of the
Union, over whose decision there is
to be no supervision or control by
the Federal courts. The power
that would be thus placed in the
boII, Df 4Il Dro-iJ,,,+ IN +I,,,o ,F
peace, certainly ought never to be
entrusted to any one man. Ii it be
asked whether the creation Of such
a tribunal within State is warran-
ted as a measure Of war, the ques-
ton Immediately presents itself,
whether we are still engaged in war.
Let us not unnecessarily disturb the
commerce and credit and industry
Of the country by declaring to the
American people, and the world,
that the United States are still in a
condition Of civil war. At present
there is no part Of our country in
which the authority Of the United
States is disputed, offenses that may
be committed by individuals, should
not make Il forfeiture Of the 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 actual
condition of the country as it is at
variance with the Constitution Of
the United States. Tfpassing from
general consideration, we examine
the bill in detail, it is open to
objections. In times of
war it was eminently proper that
we should provide for those who
were passing suddenly from a con-
dition Of bondage to a state Of free
dom, but this bill proposes to make
the freedmen-s bureau, established
by the act of 1865, as one of many
great and extraordinary military
measures to suppress a formidable
Rebellion permanent branch Of the
puOIic administration, Will us pow
ers greatly enlarged. | have 10
to suppose, and | do not un-
lerstand it to be alleged that the act
Of March, 1865, has proved deficient
'or the purpose for which it was
passed, although at that time and
sor considerable period thereafter
he Government Of the United |
States remained macknowled~ed in