Western sentinel. [volume] (Winston [i.e. Winston-Salem], N.C.) 1856-1886, 1866-03-02

Which are thus to be secured to the freed
men by military law. This military ju-
riseiction also extends TO all questions that
may arise respecting contracts. The agent
who is thus to exercise the office CT q mill
tary judge, may be a stranger, entirely
ignorant of the laws of the place, and ex-
posed to the errors ofjndgement, TO which
al men are liable. The exercise of power,
over which there is no legal supervision,
by SO vast number of agents, as is con
tesnplated by the bill, must by the very !
price, Injustice and passion. The trials, |
having their origin uncler this bin, are to
take place without the intervention Of a
jury, and without ATTY, fixed rules of law
or evidence.
The rules on which offences are to be
heard and determined by the nulnerousi
agents are such rules and regulations as,
the President, through the War Depart
ment, shall prescribe. No previous pre-
sentiment is required, nor aEy Indictment
charging the commission Of a crime against
the laws; but the trial must proceed on
charges and specifications. The punish
ment will be, not what the law declares,
but such as conrt martial may think
proper. And from. these arbitrary trlbn-
nails there lies no appeal--no writ OF error
to- any OF the courts in which the Constr
tuition Of the United States vests exclusive
| ly the iudciaf power Of the country;
while the territory aud tie class Of actions
and offences that are made subject to this
measure extensive, the bill Itself,
ishonlI it become a law, will have no linn
itatoE in point OF times but will form z
| part of the permanent legislation of the
conutry. | cannot reconcile a system Of
| military jurisdiction Of this kind with the
words Of the Constitution, which declare
that mo person shall be held to- answer
for a capital or other infamous crime, I'M
less on presentment Or indictment OF a
grand jury, except in cases arising III the
Hand or naval forces, or in tllc militia when
/ In actual service in time Of war Or public
! darger;;' and that s'in all criminal prose
cutions the accused shall enjoy the right
to speedy and public trial by an Impair
tial Jury of the State or district wherein
the crime shall have been committed"
The safeguards which the wisdom and
experience Of ages taught our fathers te
establish as securities for the protection
of the innocent. punishment of the guilty
and the equal administration of justice
are to be set aside, and for the sake OF ::
! more vigorous inSerpositlon in behalf Q
Justice, weare to take the risk of the many
acts OF Injustice that would of necesst,
:. follow from an almost countless numbe
= of agents established in every parish o
, county in nearly a third OF the States @
:, the Union, over whose decision there is t
: be no supervision or control by the Fed
= eral courts. The power that would b
:. . thus placed in the hands of the Presiden
I. is such as in time of peace certainly ough
= never to be intrusted to any one man
:. Ikit be asked whether the creation of sue
). a tribunal within State is warranted as
!. measure of war, the question i,nmed:atel
:, presents itself whether we are still engage
. hin war. Let us not unnecessarily distur
- the commerce, and credit, and industr
!. OF the country by declaring to the Amer
:, lean people and the world that the Unite
:, S ates are still III condition of civil wa
=, At present there is no part of our count:
: In which the authority Of the Unite
= States is disputed. Offsnses that may +
!. committed by individuals should not wor
j a forfeiture of the rights of the same con
:. mnnities. The country has entered, or
!, returning to a state of peace aud industr
M and the rebellion is, III fact, at an end
10 The measure, therefore, seems to be as i
i consistent witht the actual condition of Il
- country, as it is at variance with the.Co
y Estitution Of the United States.
id II, passing from general consideration