The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-03-07

cations. The punishment will be-not what
| 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 Constl-
t tuition of the United States vests exclusively
| the judicial power of the country. >~=
While the territory and the classes of actions
and offences that are made subject to this
measure are so extensive, the bill itself, should
| it become law, will have no limitation in
point of time, but will form part of the per
manent legislation of the country. I cannot
reconcile 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 presentment or indictment
Fof a grand jury, except in cases arising in the
| land and naval forces, or in the militia, when
in actual service in time Of war or public dan
! GER" and that san all criminal prosecutions,
the accused shall enjoy the right to q speedy
and public trial, by an impartial jury of the
State or District wherein the crime shall, have
been committed" The safeguards which the
experience and wisdom of ages taught our
fathers to establish as securities for the pro-
lection of the innocent, the punishment of the
guilty, and the equal administration of justice,
are to be set aside, and, for the sake of a more
vigorous interposltion in behalf ofjustice, we
are to take the risk Of the many acts Of lnjus-
tice that would necessarily follow from an al
most countless number of agents, established
in every Parish or County in nearly third
of the States Of the Union, over whose deci-
sions there is to be no supervision or control
by the Federal Counts. 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 entrusted to any one man.
IF be asked whether toe creation Of such
tribunal within State is warranted as a
measure of war, the question immediately
presents itself, whether we are still engaged
in war, Let US not unnecessarily disturb the
commerce and credit and industry Of the coun-
to the world that the United States are still in
no part of our country in which the authority
of the United States is disputed. Offences
that may be committed by individuals should
not work forfeiture of the rights Of whole
communities. r., The country has returned, or
is returning, to state of peace and industry,
and the rebellionsis, in fact, at an end. The
with the actual condition of the country as 1t
is at variance with the Constitution Of the
United States. =.-.-l~-- 80. r. .z....
3 If, passing from general considerations, we
examine the bill in detail, iii open to @elghty
objections. =. ~ 81. = =
In time of war, it is c,nincntly proper that
we should provide for those who are passing
suddenly from a condition of bondage to a
state of freedom. But this bill proposes 10
make the Freedmen's Bureau, established by
the Act Of 1866, as one of many great and ex-
traordinary military measures to suppress
formidable rebellion, a permanent branch Of
the public administration, with its powers
greatly enlarged. have noreason to suppose
and do not understand it to be alleged that
the Act of March, 1855, has proved defcieDt for
the purpose for which it passed, although at
that time, and for considerable period there
after, the Government Of the United States
remained unacknowledged in most of the
States whose il haeitants had been involved
in the rebellion. The institution Of slavery,
for the military destruction Of which the
Freedmen's Bureau was called into existence
as an auxiliary, has been already efectualty
and finally abrogated throughout the whole
country by an amendment Of the Constitution
Of the United States, and practically its eradi-
cation has received tbeaSsent and concurrence
Ofmost of those States in which itat any time
had an existence. ] am not, therefore, fable
to discern, in the condition of the country,
anything to justify an apprehension that
the powers and agencies of the Freed
mems Bureau, which were effective for the
protection of freedmen and refugees during
~ &c ~
African seryitude, will now, in a time of peace
and after the abolition of slavery, prove in
adequate to the same proper. ends. If / am
correct in these views, there can be no ne
cessity for the enlargement of the powers of
the Bureau, for which provision is made IN
the bill. g. - = ->' ~, : K -: =.
Z, The third section of the bill, authorizes a
general and unlimited grant Of support. to the
destitute and suffering refugees and freedmen,
their wives and children. Succeeding sections
make provision for the rent2or purchase of
landed estates for freedmen, 8 nd for the erec-
ton, for their benefit, of suitable buildings
for asylums and schools-the expense to be
defrayed from the treasury of the whole peo-
ple.- The Congress of the United States has !
never heretofore thought itself empowered to
establish asylums beyond the limits of the
District of Columbia, except for the benefit of
our disabled soldiers and sailors. It has never
founded schools for any class r ourown peo-
ple-not even for the orphans of these who
have fallen in the defence of thu Union, but
has left the care of education to the much |
more competent and efficient control Of the |
States, of communities, of private associations |
and of Individuals. It has never deemed it
self authorized to expend the public money |
for the rent or purchase of homes for the
not to say millions, of the white !
race, who are honestly toiling, from day to
day, for their subsistence. A system for the ]
support of INDECENT persons in the United (
States was never contemplated by the authors
Of the Constitution; nor can any good reason
be advanced why, as a permanent establish
nent, it should be founded for one class or
color of our people more than another Pend
ing the war, many refugees and freedmen re-
eeiyed support Of the Government, but it was I
never intended that they should heneeforth be
fed, clothed, educated and sheltered by. the I
United States. The idea on which the slaves
we're assisted to freedom was, that, on becom-
ng free, they would be selfsusta ming popu
alton. Any legislation that shall imply that
hey are not expected to attain self-sustain-
ng condition, must have tendency injurious t