Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-10-23
PROVOST COURTS.
From The Charleston Courier.
Is THE CONSTITUTION OF THE UNITED STATES
l&E OF FoncE IN SOUTH CARoLINA2

Is THE CONSTITUTION OF THE UNITED STATES
~ OF FoncE IN SOUTH CARoLINA2
This inquiry is forced upon US by the es-
tablishment of Provost Courts, under militia
ry authority in this State, for the trial of
bo.h civil and criminal cases. If the Constl-
tuition of the United States be of force in this
State, such Courts are palpably and f1agrant-
ly unconstitutional. That the Constitution is
of force in this State would seem to follow as
a corollary from the facts that we are recog-
nized as State for many purposes, and, al
though practically denied most of our consti-
tutional rights as State; and that our pub
lie officers, even under the legislation of
Radical Congress, are sworn to support the
Constitution. Then let US test the constitu-
tiohaity of these Courts by the. plain proTi-
sions OF the Constitution.
dart. II. Sec. l. The judicial power Of the
United States shall be vested in one Supreme
Court, and in such Inferior Courts as the Con-
gress may, from time to. time ordain and es.
tablish. The Judges, both of the Supreme
and Inferior Courts, shall hold their offices
during good behaviour, and shall, at stated
times, receive for their services compensation
which shall not be diminished during their
continuance in office" -
Under this. provision Of the Constitution,
the Provost Courts, whether established by
I Congress or not, are clearly unconstitutional,
not being presided over by Judges, holding
their Offices during good behaviour, but be-
ing held by military appointees, removable at
the will of military commander.
u !" Art. III. Scc 5. The judicial power shall
extend to all cases in law and equity, arising
under this Constitution, the laws of the Unit
ed States, and treaties made or which shall
be made in pursuance thereof, and "to
controversies between citizens Of different
States".
Under this provision, the Provost Courts
arc clearly unconstitutional, as assuming ju
risdic;ion, in cases in law and equity, not aris'
ing, under the Constitution, laws or treaties
of the United States, and not between citl-
zens of different States, but purely of State
cogniAauce and between citizens of the same
State.
"Art III. Sec. 3. The trial Of all crimes,
except in cases of impeachment, shall be
by jury, and such trial shall be held in the
State, where the said .crimes shall have been
committed" .
Under this provision, the Provost Courts
are clearly unconstitutional because they
try alleged crimes otherwise than by jury.
:. amendments to the Constitutlon.-Art. v.
No. person shall be held to answer for capital
or otherwise infamous crime, unless on o pre-
sentiment or indictment Of Grand Jury, ex-
cept in cases arising in the land or naval
forces, or in the militia, when in actual SER
vice, in tin Of war orpu lie danger,
= nor shall any persv.. be deprived OF
life, liberty or property, without due process
oflav."
/. Under this provision the Provost Courts
'Sre clearly unconstitutional, because they try
alleged crimes, not arising in the land or ma
va. forces, or in the militia, without present
nent BIZ Grand Jury, and deprive citizens
of life, liberty and property, without due pro-
cess of law.
cart. VI. In all criminal prosecutions. the
accused shall enjor he righ; to aspcedy and
public trial, by al impartial jnry pl Tic State
and District, wherein tie crime shall have
been committed
Uadcr tbs provision, the Provost Courts
are clearly unconstitutional, because tAcy tTJ
alleged crimes, without public trial, BY ar inn
partial jury. Of the State ana District, where
The crime SHALL !ave been committed anu with
out any jury at all.
cart. VII. In suits at common law, where
the value in controversy shall exceed twenty
dollars, the right Of trial by jury shall be pre-
served
Under this provision, the Provost Courts
are clearly Unconstitutional, because they try
civil cases or cases a. common Law, where
the amount in controversy exceeds twoa
ty dollars, without the intervention OF q
jury. ,.,... :, ,-.;,.1 0o,.. ,rt II
Sec. .. He t,he P.esllent( "sha!l nominate
and by and with the advice and consent OF
The Senate, SHALL appoint ambassadors, other
public ministers and consa!s, judges OF the
Supreme Court, and all other officers Of the
United States, whose appointments are not
herein otherwise provided for, and which shall
be established hy law. Bat tEc Congr. s.
may, by law, vest the appointment o! such IL
fc.iior officers as thcy think proper, i'll the
President alone, in the Conrts OF law, or IN
The heads Of Departments
Under the provision, the Provost Courts
are clearly Unconstitutional, because tho
iu lges thereof arc not appointed by the
President, or by any other constitutional a'l-
thority.
"Art. l. Sec. Q, Clause 3. No I'LL o
Atainlcr, or ca posi- ttcto law shall be
passed"
Under this clause, not even Congress cen
conatilutionally pass an er post jacto law 'I'
the Provost Courts do evAl worse. by actual
ly trying and pnrishing as crimes what nc
law, State or Federal, constitutes or declares
criminal.
Such ure the unconstitutional and mon,
strous invasions of the sacred right o! trial
by Jury, and other olrages, involved in the
jurisdiction usurped by the Provost Courts
and sad to relate they are perpetrated by those
who are sworn to support the Constitution o1
the United States.
1t is earnestly ard respectfully urged on
the powers that be, to reconsider their ac-
tion in the premises, III view of their consli'
tutional obligations, and to emancipate the
Southern States from the unccnsliiu!ional
opprcssi.n n to which they are now subjected
EXTRAORDINARY CONFESSION OF SPEAKER
CoLFAX.-It was stated that Mr.. ColiaX, IN
recent speech, threatened President Johnson
yi4n hanging. Ihs WIS Indignantly denied
BY his friends but wo now find, by q full re-
port Of his speech, published on his own au
thority, which is equivalent to confession
that what he did say on this subject was
quite as bad, if not worse, than he was orlSl
naly charged with. The Speaker OF the
House OF Representatives threatening in
public speech to hang the Chiel Magistrate
: Of the United States like common maletac
tor ie ouc cr the most iiccgra1relnl exhibitions
of partislnship that ever rampant raditalisa
has yet made 1t was generally supposed
that the Speaker Of the House should bc
of Hopprne,