Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-22

$500 ~ % EfA0HHE4N
That 1t shall be the duty Of the general
of the army to assign to the command
Of each eff said districts an officer OF the
regular army not below the rank nf
brigsdier general, and to detail a sull
Gent military force TO enable such Of
ficer IN perform his duties aud enforce
his authority in the district to which he
is assigned.
"SEC. 8. and be IL further enacted,
That it shall be the duty of each officer
assigned as aforesaid 10 protect all per-
sons in their rights Of person and prop
erty, to suppress instruction, disorder
and violence, and to punish or cause 10
be punished all disturbers OF the public
peace and criminals aud 10 this end
he may allow local civil tribunals TO
take jurisdiction Of Gud to Try offenders,
or when, In his Judgment, Il may be
necessary for the trial Of offenders, be
shall have power to organize military
commissions OF tribunals for that pur-
pose, anything ia the constitution or
laws Of the sO-caIled states u the con-
traTy notwithstanding aud al legisia-
tive and judicial proceedings and pro-
cesses to prevent or control the proceed
iugs Of said military tribunals, and ali
interference by said pretended state
governments with the exercise Of milf
tary authority under this set, shall be
void and Of no effect.
"Sec. I. AHd be IL further enacted,
That the courts and judicial officers of she
United States shall not Issue writs Of
habeas corpus in behslf Of persons in
military custody, except in cases iH WhicA
the person IS hsld 90 GHsJrer only for a
| crime or crimes CrciuSiUely Withia the jH-
gisdicHOR OfthC courts Ofths United States
I .wsFE-4 Dar-V ,,sfJrE.4-4r IFagaf44r Ill. 80
unless some commissioner or officer on
duty in the district where the person is
detained shall iudOrse upon said petition
a statement certifying, upon honor, that
be has knowledge or information as to
the cause Rnd circumstances Of the
alleged detention, aud that he believes
the same to be wrongful and, further,
that he believes that the Endorsed peti-
ton is preferred in good faith and in
furtherauce Of justice, and not TO hinder
any delay tine puHishmeutO of crime. All
persons put under military arrest by
virtue Of this act shall be tried githOUt
unnecessary delay, aud no crCe! or unu-
suai punishment shall be inflicted.
"Sec. 5. Ind he IL FURTHER enacted,
That no sentence Of any military COM
mission, or tribunal, hereby authorized,
affecting the life or liberty Of any per-
son, shall be executed until it is approved
by the superior officer in command Of
the district; and the laws and regula-
lions for the government of the army
shall not be affected by this act except
in 50 far as the conflict with its pro-
visions"
OF this extraordinary bill, which en-
powers Brigadier Generals to organize
A" Military Commissions" or tribunals to
try any offences whatever, and to SEN
tence parties even TO suffer death and
which virtually takes from parties so
tried the privilege of the writ of Habeas
Corpus, thus ~iuaugurating q genuine
Reign Of Terror. The National H1tedi-
geacer Indignantly says:
The blacklist record ever made by an
assembly of the representatives Of 4 free
people stained yesterday the proceed
ings Of the house of representatives.
Never, in the most tyranuOus hour of
the long parliament misrUle; never,
amid the utmost s~ubservieuCe. to the
royal mandate Of an English king ;
never, in the most blOOdthirsty epoch of
a French convention, did the representa-
tives of the people stamp themselves
with greater ig1Ominy. The kill, WHICH
passed By 8 vote o l09 TO IS, hands one
third of the people of this country over
10 military government. For the
rule Of law, it subAtutes the will
Of an officer. For the tribunal Of q
Judge, it furnishes a drumhead court
martial or a military commission For
the process OF a court and the peaceful
visit of a sheriff, IL prOders the eTdeT OF 8
petty sstrsP and the presence of a .q9ad
Of bayonefs. 1t ignores the chief magis-
trate Of the United States. 1t invests a
general with absolute power over one
third OF his ceuntrymen. II erpcts sub
ordinate dietatOrs, armed with unUridled
power, from the Potomac to the Rio
Grande. Throughout this broad domain,
comprising the iairest and most fertile
section of the republic, no maze to have
a ecure title to his property no mans
: house is free from search NJ mans chat
ties exempt from seizure; no mans lib
erty uneXpOsed to assault no mans
life safe from peril. An army
officer, q soldier, exalted above
the law. may TUthles7ly invade q Citi-
Zsnis home and drag him from the bosom
Of his family, Such a dill makesa mock
erv Of free institutions. 1t despites all
the great safeguards Of popular liberty.
/ It tramples on the freedom OF the press.
Il a%nnihilates the right Of free assem-
blage. 1t silences the lips Of free speech
Il iufriuges the right Of the people to bear
arms. It wipes out the guaranty of o
grand iurv pTesentmeut. ItGbOlishes the
exemption of freedom from seizure and
J from search. II abrogates the right Of
trial by 3 jury of On's peers ia the vicin-
age Of the commission OF the Offense. 1t
D 80 ~ pIaa Vrnan the nwlTnrrnfTVR of TnE
] president, it makes war upon the c0nsti-
tuition, it r bells against the authority of
/ the supreme court. It invades the sacred
/ constitutional rights of the citizen. It is
treason euvelOped IN the forms of law. It
is rebellion wearing the garb Of legiti-
mate power. 1t is usurpatlGn assuming
the sanctity of constitutional enactment.
Three wears Q the leader of the house
had not a cOrpOraps guard to uphold him
ia his revolutionary theory, born OF q
corrupted brain and a tyrsnnOus heart,
hat the seeding states are conquered
provinces. When he first announced
that all contracts between the north and
south were abrogated, all obligations
annulled, q dozen of his w party
friends spraug to their feet in indignant
protest against it. To day a majority
uphold him in his rebellion for 70 tram
pie on the habsas corpus and the jury
trial, tOdefy the authority of the supreme
court, to subordinate the courts Of law to
The arbitrary will Of a soldier, even
though done in the name of liberty, are
as rebellious in spirit as the enactment Of
an ordinance of secession, or the formal
disclaimer Of the authority Of the federal
government.
Let no American permit himself to be
misled by names or deludsd by profess
sions. The crimes of q RObespierre and
Marat were perpetrsted in the name Of
liberty and by the authority of the peO-
pie. In the same name and by the same
authority, the house of representatives of
the United States OverthrOws the safe
guards Of liberty, and converts the s0ve-
reigns Of the land into the dependents Of
a military satrap.
The congress Of the United States has
no faith in ideas, no reli9nce in the
truth, no confidence in the peOFle. II
does not believe that opinions are
mightier than armies, that the truth can
win its own triumph in the arena of free
discussion, that the people can be trusted
to find out for themselves the folly Of
secession and the crime Of rebellion.
Protesting freedom, it resorts to the
practice of despots, aud would guide the
people of the south TO right convictions
at the point of the bayCBet. Unparal-
leiled lOyalistsl immaculate patriots
consummate statesmen, these, worthy
to be entrusted with the rule Of a great,
free nation
Who ever heard of q free press flour
ishing under the deadly shadow Of the
bayOnet? 1t sinks under It's arbitrary
rule like a shackled freeman within a sun
less dungeon. There is no freedom where
there is no discussion, and there can be
no discussion when q ~coloDeI's nod or a
l%ieutenant's order may strip a man ofhis
rights. There is hardly a solitary amend
ment of the constitution, whether re-
lating TO free press, to free speech, to the
right Of assemblsge, to freedom Of person
or from search, 10 presentment by a
grand jury or q jury trial. 10 bearing
arms, or the reserved rights Of the people,
that this military bill does not utterly
and shamelessly disregard.
Mr.. Maynard, Of Tennessee, declared
that the portraits of the founders Of the
government should adOrn the panels,a and
their busts FIJI the inches Of the house,
that its members might catch something
Of their patriotic and heroic spirit. They
would look down with pity and with
scorn upon the degenerate men who