Bloomsburg democrat. [volume] (Bloomsburg, Pa.) 1867-1869, 1867-02-27
Progress OF Despotisn.

The debate which preceded the passage
Of the military subjugation bill in the House
Of Representatives presents one or two fea-
lures worthy Of notice, rs indicating, not
only the infamous nature Of the bill itself,
but the spirit Of dcspotism from which it
sprung In directing attention to the brief
passages quoted hereunder between Mr..
ELDRIDdE who opposed, and Mr.. BoUT-
WELL who advocated the bill, we do 30 not
only to show that it abolishcs trial by jury
in ten Statos, but that the radical majority
voted for it in the face of an admission that
such was the case. To enlarge upon the
right of trial by jury, would be merely to
give expression to what has often been said
before, and to what every man who sets any
value upon his personal freedom feels. 1t
is the great as it is the dearest safeguard Of
constitutional liberty, and it will be to the
future shame as it is to the present disgrace
Of the American name that Congress should
have ever been controlled by party suffi-
ciently reckless and tyrannical to be willing
to strike down an institution which was one
Of the earliest outgrowth of liberty ITSELF
But SO it is. The bill being under consider.
alton:
Mr.. Davis, of New York, suggested the
question US to whether the establishment of
military governments in the South are con.
sistent with the constitutional duty imposed
upon Congress to guarantee to each State q
republican form Of government.
Mr.. Boutwell, said the question was u
very proper one, and he would try to answer
it before he took his seat.
Mr. Eldridge inquired of Mr.. Boutwell,
whether the bill secured the right Of trial in
capital offences before juries?
Mr.. Boutwell, admitted that it did not
Here was the fact openly admitted that
this bill will substitute those dark engines
of oppression and infamy, military commits
sions, in the place of jury trials. The his
tory Of the military commissions, with their
spies, informers, and perjured witnesses,
during the past three or four years, the
crimes they have committed and led others
to commit, is record which it would be
well, if it were possible, to blot out. They
were palliated on the ground Of military
necessity" but even that poor subterfuge
is not now available. Nearly two years af.
ter the last gun in the civil war was fired,
with no army in the field and not shadow
of resistance to the laws anywhere, Congress
is found legislating to revive military COM
missions, and deprive eight millions of peo.
pleof trial by jury: Mr.. ELDRlDeE might
well ask the advocates of this despotism
where they ollhined theioS authority :
creating it. Wc'quote from the del
again:
Mr. Eldridge then inquired further il
that was not iad direct opposition and viola.
tion of tha |titution, which provided
that part! led with crime should have
the right to trial by jury, and the oppor.
tunity to confront the witnesses against him!
Mr.. Boutwell, replied that the power Of
Congress to suspend the privileges of the
writ of habeas corpus was not confined tc
periods Of rebellion or invasion. The pow.
er arose at such periods, but it did not cease
to exist till, in the judgment Of the law
| making power, the case of rebellion or inva
sion passed by, and no longer remained.
Mr.. Eldridge understood Mr.. Boutwell, tc
claim that the suspension of the writ Of ha
beas corpus justiiies the holding of person
charged with crime, and the trying him ir
mode different from that requirsd by law
He, himself did not so understand that a:
the effect Of suspension of the writ. Ht
supposed that, even where the writ was sus
pended, the provisions of the Constitution
still applied, which secured the right of ,
speedy trial before jury
Mr.. Boutwell, declined to yield further.
1t is evident that Mr.. boutwell,, bolt
and ingenious as he is, was unable to answer
the objections raised by Mr.. ELDRIDGr. -
Mr.. BouTwELLs S declining to yield was only
another way of admitting that the monstrou
legislation he was advocating could not bt
justified on constitutional grounds. Ant
yet when the party lash was applied, no
more than half-dozcn Republicans had in
dependence enough to manifest respect fo
liberty and law by recording their vote
against an iniquitous measure intended fo
the overthrow of both. 1t would seem tina
with the passage of this military subjugatio,
bill Congress will have done its worst l
can do little more to destroy freedom thai
abolish trial by jury and strip whole com
munities of the protection of civil law.
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Political DegencraCy,