The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1867-03-13

Of military law, for that applies only to
the soldier, and not to the citizen while,
couirariwise, the military law provided by
this bill applies only to the citisen, and
not to,tbe soldier I' II TZLRT
l need not say to the representatives Of
the American people that their Constitu-
ton fOrbids the exercise Of judicial pow
or in any way but, one, that is by the or
ordained and established courts. II ia
equally well known. that in all criminal
cases trial by jury is made indispensable
by the express words Of that instrument
l will not enlarge on that inestlmab's
value Of the right thus secured to every
freemen, or speak Of tho dandger to pub.
lie liberty in all parts of the country
which must ensue from denial of it any
where, or upon any pretepse. A very re-
cent decision in the Supreme Court has
traced the authority, vindicated the dig.
nifty, and made known hevalue of this
privilege SO clearly that nothing moro is
needed. To what extent violation may
be excused in time of war or public dan.
ger, may admit Of discussion, but we are
providing now for q time of profound
peace when there is not an armed soldier
within our borders except those who are
in the service Of the Government. It is
in such condition that an act Of Congress
is proposed which, If carried out, would
deny trial by lawful courts and juries to
nine millions of American citizens and to
their posterity for an indefinite period
1t seems to be scarcely possible that any
one should seriously believe this consis.
tent with q Constitution which declares
in simple, plain and unambiguous Ian
guage that all persons shall have that
right, and that no person shall ever, in
any case, be deprived of it.
The Constitution also forbids the ares
Of citizen without q judicial warrant
and probable cause. This bill authorize.
arrest without warrant, at the pleasd re
Of military commander. The Constitu
tion declares that no person shall be held
to answer for capital, or otherwise ipfa.
nous crime, unless on presentment by a
grand jury. This bill holds every per.
son not soldier answerable for all crimes
and all charges without presentment-
The Constitution declares that no person
shall be deprived Of life, liberty or proper
ty without due process Of law. This bill
sets aside all proceedings Of law, and
makes the citizen answerable in his per
son and property to the will of one man
and iu his life to the will of two And
finally, the Constitution declares that the
privilege of the writ of haJeas corpus shall
not be suspended except In case Of rebel.
lion or invasion, the public safety may re.
quire it whereas, this bill declares mar.
tial law, which Of itself suspends this
great writ, 10 time Of peace, and author.
ICES the military to make the arrest and
gives to the prisoner only ono privilege,
and that is trial without unnecessary
dolay. He has no hope Of release from
custody, except the hope, such rs it is, ol
release by acquital before military com.
mission.
The United States are bound to guaran
tee to each State Republican form ol
Government Can it be pretented thai
this obligation is net palpably broken i
we carry out measure like this, whicl
wipes away every vestige Of Republican
Government in ten States, and puts tn,
life, property, liberty and honor Of oil thl
people in each Of them under the domin
alton Of a single person clothed with au
thority
The Parliament Of England, exercising
the omnipotent power which it claimed
was accustomed to pass bills Of a,tainder
that is to say, il would convict men o
treason and other crimes by legislative en-
actment. The person accused had
hearing-sometimes patient and fair on
but generally party prejudices prevail
ed instead Of justice. 1t often becam,
necessary for Parliament to acknowledg,
it's error and reverse its own action. m,
fathers Of our country determined that n,
such thing should occur here they with
held the power from Congress, and thu
forbade its exercise by that body, an,
they provided 10 the Constitution that n,
State should pass any bill Of atainder.
1t is therefore impossible for any per
son in this country to be constitutional
covicted or punished for any crime by
legislative proceeding Of any sort Nev
er,heless, here is 4 bin Of attainder agains
nine millions Of people. 1t is based up
on On accusation so vague as to be scarcel
intelligible and found to be true upon NJ
creditable evidence. Not one Of the min
millions was heard in his own defense :
The representatives Of the doomed partie
were excluded from all participation il
the trial, and the conviction is to be fol
flowed by the most ignominious punish
merteverinaicted on large masses Of men
It disfranchises them by hundreds o
thousands, and degrades them all--evel
those who are admitted to be gui,tless-
from the rank Of ireemeu to the condi
ti)n Of s'aees
The purpose and object Of the bill ant
the general intend which preyades it iron
beginning to end, is to- change the en,ir
structure and character Of the State Gov
ernuents, aud compel them BY force 1
the adoption Of 40 organic law aud rcgu
la,ion which they are unwilling to adopt
if left to themselves. !.
The negroes had not asked for tn
privilege Of voting, TIE vast mnjorit,
Of them have no idea Of what it means
This bill not only thrusts Il into thei
hands, but compels them as well as uhito
to use il in particular way. If they d
form q Consultation, with prescribed arti
cieS ia Il, and afterwafd elect q Lsgisla
tura, cvh;eh viii "a f,tsnn eeSta;pl ma "A