Evansville daily journal. (Evansville, Ind.) 1863-1866, 1866-03-02

ton OF suits IN Tue OtAtS Ut munIclpal
courts Of. such State, all officers and
soldiers of the armies of the United
States, aud all persons iherefp attached,
or in any wise thereto belonging, shblect
10 military authority, ohafged with
offenses for acts done in their military
capacity, or pursuant to orders from
proper military authority and to pro-
tect from suit or prosecution all loyal
citizens or persons charged with offenses
done against the rebel forces, directly or
indirectly, during the existence of the
rebellion and all persons, their agents,
or employees, charged with the occupan-
cy Of abandoned land or plantations, or
the possession or custody of any kind
of property whatever, who occupied,
used, possessed, or controlled the same
pursuant to the order of the President
or any of the civil or military depart
ments Of the Government, and to pro-
tect them from any penalty or damages
that may have been or may be pro-
nounced or adjudged in said courts in
any such cases and also protecting
colored persons from prosecutions in any
of said States charged with offenses for
which white persons are not prosecuted or
punished in the same manner and de-
gree.
By command of Lieut. Gen. Grant.
ed. TOWNSEND,
Assistant Adjutant General.
There is an order of the President
himself--I say of the President himself,
though it is signed E. ID. Townsend, As
sistant Adiutant General, and by COM
mand of Lieutenant General Grant
There is an order Issued under the au-
thority of the COMMANDMENTS chief, by
the Lieutenant General, directing de-
partment commanders everywhere to
protect loyal citizens against prosecu-
tions by rebels for acts done in support
of the Government, and to protect col
ored persons charged with offenses for
which white persons are notpunished in
the same manner and degree. Where
is the authority to issue such an order,
dated on the 18th day of January last 2
Sir, want to know if there was authors
ty to issue such an order as that which
is to day being executed, all through the
South, whether it is possible that Com
gress has no authority to transfer that
jurisdiction from department command
ers to the commander of the Freedmen's
Bureau, who is as much an otficerof the
army as is Lieutenant General Grant
himself? So
But where does the Executive get the
power The Executive is hutthe Com
mander-in Chief of the armies, made SO
by the Constitution; but he cannot raise
an army or 4 single soldier, be cannot
appoint a single officer without the con-
sent of Congress. He cannot make any
rules and regulations for the government
of the army without cur permission The
| Constitution of the United States de-
clares, in 80 many words, that Con-
gress shall have power to make
rules for the government and regula>
ton of the land and naval forces +"
Of the United States. Can it be that
that department of the Government,
vested in express terms by the Constitu.
ton itself with authority to make rules
for the government and regulation of the
land and naval forces, has no authority
to direct that portion of the land and
naval forces employed in the freedmen
Bureau to exercise this jurisdiction in
stead of department commanders Sir,
it is competent for Congress to declare
that no department commanders shall
exercise any such authority; it is com
potent for Congress to declare that q
court marshal shall never sit, that a
military commission shall never be held,
and the President is as much bound to
obey it as the humblest citizen in the
land.
Sir, / will read another order issued
within few days, dated the 18th of Feb
ruary, of the present year: