North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1867-03-27

to our whole population, are to be acted
upon in this manner, to be determined un-
der these circumstances, adverse to cor
rect and proper reflection, which / have
described I? --- ~ Y
Now, sir, what is this measure 2
shall be anxious in all that / say to be brief
and to speak only on points which are ma
tcrial. Sir, the bill is prepared and intro
duced to confer upon five military officers
of the United States the power to fine, to
imprison, and to kill American citizens in
one third of the territory of the United
States without any restraints or limita-
tions sGch as are written in the most SOL
emu manner in every fundamental law in
the United States, both that of the FEEDER
al Government and those of all the States;
ay, and of every Territory, too, whittier
our hardy pioneers have gone and estab-
lshed republican governments, fashioned
and modelled, after the examples Of the
States from which they went. With no
right Of trial by jury nor challenge to the
tribunal which tried the accused, no COM
pulsory process tor Witnesses no right of
appeal, the victim stands defenseless before
arbitrary power; he must bow to its man
date and submit to its decree. Not a con-
s,itutional principle, hitherto regarded sa-
cred In this country, is written down in
this. bill or covered by its vague and gener-
al phraseology, more indefinite, vague, and
indeterminate than that of any statute now
upon the records of this Government; ay,
or of England, abused and traduced Eng
land, of whom we complained because her
Government was arbitrary, and therefore
took up arms to throw off its jurisdiction
and vindicate American freedom.
The General OF the Army is to assign to
the command of each of the military dis
tric!s created by this bill "an officer of the
Army not below the rank of brigadier gen
eral, "and to detail sufficient force to give
dignity and effect to the Jurisdiction con
ferred upOL him; and there is conferred
upon each district commander, in the
third section, power ''to punish or cause to
be punished all disturbers of the public
peace and criminals" of every description
and grade. He may in his pleasure, by
no rule of law, by no regulation of statute,
by no principle known to the Constitution
or created BY Government, but according
to his own uDregulated pleasure and will,
condcscend to turn cases over to the
COURTS
Or when in his Judgment
his supreme and unchalIcnoed Judgment
it may he necessary for the trial of offenders he
shaii have power to organize military commissions
or tribunals for that purpose, thing in the con-
sttution and laws of any of the socalled conieder
ate stltss to the contrary Notwithstanding.
And then the Supreme Court of the
United States, which your fathers estab-
lished as the supreme tribunal of justice liz
this country, with appellate powers from
inferior tribunals, with the great power of
the writ of habeus corpus in its hands to
correct injustice upon the citizen, is TO De
restrained from mcddling in any way what
ever with this new, unexanpIed, and
abominable jurisdiction which the bill es-
tablishes, ] am mistaken, slr; there is
an exception. The judges of your supreme
Court nor any judges of that court or of
the district court can issue a writ OF habeas
corpus or look into the legality of any pro
ceedings in which this mill :ary jurisdiction
is concerned-
UdIess some commissioned officer
Some dignifed lieutenant of the second
drgree possibly ....
Unless some commissioned officer on duty in the
district wherein the person s detained shall indorse
said petition a statement certifying, upon honor,
-
cause and circumstances of the alleged detention
and that he believes the TO be wrongful and
further, that he believes that the indorsed petition
is prefer red in good faith and ia furtherance OF JUS
tice and not to hinder or delay the punishment Of
crime.
The wealthy criminal, for his fee of $50
or 500 or $500, can get lieutenant's GER
tiicate to his petition, and 90 to the courts
of the United States and be heard under
the laws of the United States, and have
some little protection from the Constitu
tion. of your fathers, from that instrument
under which you are assembled here, and
which you are sworn TO support This is
the manner in which judicial power may
take hold of anl case, no matter how enor-
nous, of outrage or iniquity, in one third
Of the United States, under this bill.
The fifth section provides .r.
That no sentence of any military commission or
tribunal hereby authorized affecting the life or lib
erty of any person. shall be executed until it is ap
proved by the officer in command Of the distric:.
There, sir, shameful as the fact appears,
the power over the life of an America citi
zen is contided to either one of five military
commanders, who are to be selected, not
by the Commander in- Chief of the armies
of the United States, as the Constitution
requires, hut by General selected bv your
bill; and you might just as we'll, instead
of having selected the General of the Army
for this purpose. have selected the hero of
Big Bethel or any other general, or even a
civilian, if indeed this fearful and unexam-
Piled power of creating military rule resides
in Congress at all. The commanders OF
these departments have the power. of life
and of death, the power to imprisou al
their pleasure, the power to fine, to confs-
cota nroparty an1 IN nlnndar or L;II the