The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1867-02-09

,, The bill reported from the reconstruction
committee by Thaddeus Stevens, in the house
at Washington on Wednesday, is the great
est insult to common sense, to the American
people, and the system of government under
which they live,s ever offered in the national
legislature. In speaking of the existing
state governments in the south as pretended
state government and in asserting that ut
lis necessary that peace and good order
should be enforced in the so-caiied states
until loyal state governments can De legally
established the bill virtually afhrms that
those organizations are invalid and rest upon
usurped authority. 1t affirms the necessity
of overthrowing them, but instead OF making
proyision for their overthrow, II authorizes
their continuance and the regular action of
their officers, in the discharge of the duties
prescribed under the "so-called laws now in
force there 1t proposes to make the state
governments subject to five military com
manders, who will be empowered to organize
| military commissions for the trial OF offences
| which under the constitution OF the United
States and of each of the states IN question
| are exclusively within the control and Jurls-
| diction of the civil. courts. 1t torbids the
| courts of the respective states and OF the
United States to interfere with the proceed
| ings of military commissions thus organized
| or TO interpose for the prevention OF the exc
tcution of any sentence given by sach com
| missions. Here is the fourth section of the
bill ::
"Sso. l. That courts and judicial officers of tn,
United States shall not issue writs of habeds cor
,,us in behaF of persons in military Custody, IN
less some commissioner or officer on duty in tn
district wherein the person is detained, shall In
dorse upon said petition statement certify nj
| hah os lv,nr Lad mi n
| as to the causes or circumstances of the aliege
detention and that he believes the same to b
wrongful; and further that he believes the indors
ed petition is preferred in good faith in iurthef
anee of Justice, and not to hinder or delay IN
! punishment of crime. All persons put unde
military arrest BY virtue of this act shall be trie
wifheut unnecessary delay, and no cruel or unas
ual punishment be inflicted .-..
This is in contempt of the recent decisio
.. ofthe supreme court denying that congress
|, can authorize military commissions for I'll
! trial of persons not in the land or naval &c
3 vice.
1t is in contempt of the constitutional pr'
: vision that mo person shall be held TO al
| 'swer for a capital or otherwise infamou
crime, unless on presentment oriRdictmel
n of a grand jury, except in cases arising
the land or naval forces, or in the mihti
when in actual service in time of war or pu
| Tic danger" a.-f
/. 1t is in contempt of every provision of IL
: sixth article of the constitution of the Unite
: States.
, 1t is in contempt of the second clause
n the ninth section of the constitution, whiC
r provides that "the privilege of the writ of h
'beas corpus shall not he suspended unle
= when in case of rebellion or invasion Il
O public safety may require it.
1t Il is in contempt of the welleStablisb'
e American principle that the military shall
2 subordinate to the civil power.
1t is in contempt of the principle, unive
t sally recognized in ell civilized government
n that the courts of law must themselves dete
10 mine the extent of their jurisdiction, al
Ne when cases arise or come before them
II which they may take cognizance.
e Admitting, for the sake of argument, tn
., the existing state governments III the sou
II are invalid. and that congress only can n
. scribe the method by which lawful organic
tons can be reached, this does not give
~ any authority TO establish military Cover
enss IN tf snu tie Sc 6he. a ihs sSg6
II guarantees for the protection Of life, iber
and property. IF the southern states a
conquered provinces, the authority Of co
y gress over them is limited by the constit
ton. 1t possesses no power except what
derived from that instrument, nor can it
:. any combination of circumstances attain
,,--r.:-l~ &C i-s-rs,l s>stnority Iron. any otn
? source.
r. The bill is self-stultifying contradictory
q loaded with Inconsistencies IN plain de
+ ance of the most important, explicit and sll
pie provisions of the constitution tound'
p ON q lie repudiated by congress in repeats
q acts of legislation an insult to the suprer
n court /; an attempt to deny to federal al
n state judges the right to pass upon the cons
N nationality of congressional Legislation al
70 an assertion that the millions of people, re
q els and union men. white and black, in Ii
ten excluded states. NAV be made absolute
and without redress the slaves of five brig
der generals. II provides for the creation
A. q despotism as infamous and unrestricted
n human ingenuity can devise, and in this
8 truly reflects the abhorrent and vllaino
n, spirit OF its perjured authors Chico
at Times.