The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1866-02-23

army or from civil lie. The country Is
to be divided into districts, and the num-
Der of salaried agents to be employed may
be equal to the number OF counties or
parishes in all the United States where
freedmen and refugees are to be found.
The subjects over which this military Ju-
risdiction is to extend in every part OF the
United States, includes protection TO all
employees. agents and officers OF this Bu-
reau in the exercise of the duties imposed
upon them by the bill In eleven States
it is further to extend over all eases affect
inc freedmen and refugees Disseminated
against by local law, custom OF prejudice.
In these eleven States the bill subjects any
: white person who may be charged with
depriving freedman of any civil rights
or immuniiies belonging to white persons
to imprisonment or fine, or both. without.
however defining the civil rights and i'm
munities which are thus to be secured to
the freedmen by military law. This mill
tary jurisdiction also extends to all qucS-
tions that may arise respecting contracts.
The agents who are thus TO exercise the
office of military Judge may be strangers
entirely ignorant OF the laws of the place.
and exposed TO errors OF ind gmcnt 10 whicii
all men are liable The exercise of pow
err. over which there is no legal Supcr,i--
ion, by 50 vast 4 number OF agents, aS Is
: contemplated by the bill. must. by the
very nature Of man, bc attended by acts
of caprice, injustice and passion. The
trials having their orr gin under this bill
are to take place without the Intervention
+ OF jury, and without any fixed rules OF
e law or evidence. The rules on which Of
# lenses are TO be heard and determined by
n the numerous agents are such rules and
e regulations Us the President. through the
!, War Department. shall prescribe. No
e previous presentment is required. nor any
indictment charging the commission of 4
: crime against the laws. but the trial must
r proceed on charges and specifications.
: The punishment will be rot what the law
J. declares, but such as the court martial may
l. think proper. and from these abbutiing
e tribunals there lies no appeal. no writ oi
Il error TO any OF the courts IN whI'-i the
V Constitution OF the United States vests
:, exclusively the judicial power of the coun-
try. While the territory and the class OF
actions and offcnSeS that are made SUBJECT
to this measure are - extensive thai TIC
bill itself. should it become Il law. vii
/ have no limitation in point of Time bui
= will form part al the permanent i...i-i;l-
! ton of the country. | cannot Reconcile !;
D." system OF military Jurisdiction "i this kind
with the words of the Constitution. wiicl
- declare that no person shall la held 1,
II answer for Il capital or otherwise infamous
crime unless Il pre>cnimenl or indictment
" of grand Jury. except ca>c> arising III
:, the land or naval forces. or in the miiiii;
III when in actual service IN time ui war ol
:, public danger" and That in all criminal
;" prosecutions the acc'iseui shall cI;ioy ia,
/ right 10 L speedy and public trial by al
IL impartial jury OF the stale or di>iri,
IL wherein the crime shall he committed.
u The safeguards which the wisdom and eN
= perience OF a.eS have employed /" e~tah
p" fish a. securities tor The protection ui In
ID innocent, the punishment OF Inc gully an,
the equal administration of justice are I,
~ bc set aside and ior the sake OF a mor,
Vi rigorous interpo>ilion in behalf OF justice
We are To take the risk of the il:imv act,
!, Is of injustice that would Of necessity follow
- from an almost countless number Of AGENT:
IL established III every parish OF county il
'' nearly third of the states of the MOI
liz over whose decision there i 10 l.c No Ill
/ peryiSlon or control by the federal courts
>. The power that would be thus placed il
Vi the hands of the President l. such IL il
= time of peace certainly ought never /" h,
: entrusted 10 any one man. Ii ii bc ;l-he,
- wh.thc the creation OF such Il irihuma
IL within Il state Il warranted a. a measure
y OF war, the question immediately p.y>,ini:
y itself whether we are still engaged in War
SC Let Us not unnecessarily disturb the com
nrrce and creaii ;.i:I industry OF In,
country bv declaring 10 the American, l,co
IE pie and the world that the nitcd STATE
are still in Il condition of civil war \
W present there is no pali u crr country IL
:. which the authority of the niicd Stale:
is disputed. OitnSc> that may la com
~ mittcd by individuals should hot work ;
- forfeiture of the rights OF the same com
muniiieS The country lI;l> entered. or i
returning 10, stale OF peace and indus
" try. and the rebellion * in fact al I'M end
:. The measure. therefore. seems 10 he AZ in
consistent with the actual condition OF tn
= country aS it Is III yariemc. w.th the Con
~ Stitution of the United States.
ne OBJECTION To TIE PERMANENT CIIAIAC
lg TER UF TIE BILL
If, passing from gcncrai cul,-,aeiat. or
we examine the bill in detail. il X open Il
wcighty objections liz time OF MAR /
a WAS em, neptly proper that we should pro
-, vide tor those who weie .,sss;r@ suddenly
- from Il condition OF bondage To = STATE q
~ freedom but this bill proposes 10 max
! the Freedmen> Bureau. established bY tn
80 act of 1865 rs &c OF many great and eN
i traordinary mil ~ measures 10 suppress
90 Il formidable rebellion, a permanent bI,lnc
- of ;ac public administration, with il
&c powers greatly eniar.ei have no rc;l
son TO suppose, and do not understand
!, tc be allied ed, that the act OF March. 1865
has proved deficient for the purpose 10
. which II was nnssnI nlthn,inl, M IL