Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1867-03-07

VOL. 3S--WH0LE NO. Z
the States; ay, and of every Territory,
too, whittier our hardy pioneers have
gone and established republican gov
ernments, fashioned and modelled af-
ter the examples of the States from
which they went. With no right OF
trial by jury, no challenge to the tri-
bunal which tries the accused, no com
pulsory process for witnesses, no right
of appeal, the victim stands defense
less before arbitrary power; he must
bow to its mandate and submit TO its
decree. Not a constitutional princi-
pie, hitherto regarded sacred in this
country, is written down in this bill
or covered by its vague and general
phraseology, more indefinite, vague,
and indeterminate than that of any
statute now upon the records NJ this
Government ay, orof England, abused
and traduced England, 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 as
sign to the command of each of the
military districts created by this bill
"an officer OF the Army not below the
rank of brigadier general" " and to de-
tail sufficient force TO give dignity
and effect to the jurisdiction conferred
upon 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 pub
lie peace and criminals" of every de-
scription and grade. He may in his
pleasure, by no rule Of law, by no reg.
ulation of statute, by no principle
known to the Constitution or created
by Government, but according to his
own unregulatcd pleasure and will,
condescend TO turn cases over TO the
courts
Or when in his Judgment
his supreme and unchallenged judg-
ment-
II may be necessary for the trial Of offenders, he
shall have power to organize military commissions
OF tribunals for that purpose, anything in the con
stitution and laws Of any Of the so-caed coniedcr
ate States to the contrary notwithstanding.
And then the Supreme Court Of the
United States, which your fathers es-
tabished as the supreme tribunal OF
justice in this country, with appellate
powers from inferior tribunals, with
the great power Of the writ Of hdbeds
corpus in its hands to correct injustice
upon the citizen, is to be restrained
from meddling in any way whatever
with this new, unexampled, and abom.
Unable jurisdiction which the bill cs.
tabllshes. i am mistaken, sir; there
is an exception. The judges of your
Supreme Court may have Jurisdiction
in particular cases by clause which
| propose TO read. Neither the Su,
preme Court nor any judge Of that
court or of the district courts car
issue a writ of hdbeds corpus or look
into the legality ofany proceedings in
which this military jurisdiction is con
cerned-
Unless some commissioned officer
Some dignifed lieutenant Of the sec
ond degree possibly
Unless some commissioned officer on duty in th'
district wherein the person is detained shall in
dorse upon said petition statement certifying
A. 4 4. IL. ...l... -.
as to the cause and circumstances Of the allcgcS
detention, and that he believes the zane 10 b.
wroa gful; and further, that be believes that th'
indorsod petition is preferred in good faith and il
furthcrance Of justice, and not to hinder or della,
the punishment Of crime.
The wealthy criminal, for his fee o.
$50 or 500 or $500, can get lieuten
ants certificate TO his petition, and &C
to the courts OF the United States anr
be heard under the laws Of the United
States, and have some little protection
from the Constitution of your fathers
from that instrument under whicl
you are assembled here, and whicl
you are sworn TO support. This j
the manner in which judicial powe
may take hold of any case, no matte
how enormous, of outrage or ofiniqui
ty. in one.third Of the United States
under this bill.
The fifth section provides
That no sentence Of any military commission O
tribunal hereby authorized, affecting the life or lii
erty Of any person, shall be executed until Il is ap
proved by the officer in command Of the district.
There, sir, shameful as the fact ap
pears, the power over the life of al
American citizen is confided to eithe
one Of five military commanders, VIII
are to be selected, not by tho Com
mander.in- Chief of the armies of th'
, United States, as the Constitution re
, quires, but by general selected By
! your bill and you might just as wol
, instead of having selected the Genera
, Of the Army for this purpose, have SC
lected the hero OF Big Bethel or an,
f other general, or even a civilian, II in
r deed this fearful and unexamplc'
power of creating military rule reside
/ in Congress at all. The commander
! Of these departments have the powe
' of life and of death, the power to in
/ prison at their pleasure, the power I
e fine, TO confscate property, and I
/. plunder or kill the citizens, and tina
( without redress. Why, sir, what ar
D the military commissions that are al
= thorizcd here Z Are not the member
+ selected by this officer in comman
+ selected to do his bidding-organize
J. to convict, if he desires conviction
!. nand their proceedings subject to hi
! approval 2 Nay, sir, even sentence
+ death by them is to be carried into c.