Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1867-03-14
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kinds Of military jurisdiction which can be !.
exercised or created under our Constitution,
there IS but one that can prevail in time of /.
peace, and that is the code of laws enacted
by Congress for the government of the ma,
tional forces. That body of military law
has no application to the citizen nor even
to the citizen soldier enrolled in the militia
in time of peace. But this bill is not
part of that sort of military law, for that
applies only to the soldier and not to the
citizen, whilst, eontrariwise. the military
law provided by this hill applies TO the
citizen AMI not to the soldier. ~
5 | need not say to the Representatives of
the American people that their Constitu-
ton forhids the exercise Of judicial power
in any way but one-that is by the ordain-
ed and established courts. It is equally
well known that in all criminal cases
trial by jury is made indispensable by the
express words of that instrument. [ will
not enlarge on the .inestimable value of the.
right thus secured to every freeman, or
speak of the danger to the public liberty
in all parts Of the country which must en-
any pretence. A very recent decision of
the Supreme Court has traced the history,
vindicated the dignity, and made known
the value Of this great privilege so clearly
that nothing more is needed. Towhat ex-
tent violation of it might. be excused in
time of war or public danger may admit of
discussion, but we are providing now for,
astime Of profound peace, where there is
not an armed soldier within our borders
except those who are in the service of the
rGovernment It is In such condition Of
things that an act Of Congress is proposed
which, if carried out, would deny trial
by the lawful courts and juries to nine mil
lions Of American citizens, and to their
posterity for an indefinite period. 1t seems
to be scarcely possible that any one should
seriously believe this consistent with Con-
stitntion which declares, in simple, plain.
and unambiguous language, that all per-
sons shall have that right, and that no per-
sons shall ever in any case be deprived oft.
The Constitution also forbids the arrest of
the citizen without judicial warrant, found
t ed on probable cause. This bill author
ICES an arrest without warrant, atthe pleas
ure of military commander. The Con-
stitution declares that "no person shall be
held to answer for a capital or otherwise j.
Infamous crime unless on presentment by
a grand jury" This bill holds every per-
son, not soldier, answerable for all crimes
and all charges without any presentment.
The Constitution declares that ''no person
shall be deprived of life, liberty, or pro-
perty. without due process Of law" This
bin sets aside all process of law, and makes
the citizen answerable in his person and
property to the viii of one man, and as to
bis life to the will of two. Finally, the /.
Constitution declares. that 'the privilege
of the writ of hoteas corpus shall not be
suspended unless when, in case of rebellion
or invasion, the public safety may require
it = whereas this bill declares martial law
(Which Of itself suspends this great wriD
in time Of peace, and authorizes the MILF
tary to make the arrest, and gives to the
prisoner on Y one privilege, and that is a
trial e'without unnecessary delay" He has
no hope of release from custody, except
the hope, such as it is, of release by ac-
quittal before military commission.
The United States are bound to guaran-
tee to each State republican form of gov
eminent Can it be pretended that this
obligation is not palpably broken if we car
~ out measure like this, which wipes a.
way every vestige of republican govern
ment in ten States, and pats the life, pro-
perty, liberty, and honor of all the people
in each of them under the domination of a
single person clothed with unlimited au-
thority r.. +.
The Parliament Of England, exercising
the omnipotent power which it claimed,
was accustomed to pass bills of attainder
that is to say, it would convict men of
treason and other crimes by Legislative en- Il
actmcnt. The person accused had hear
ing, some times patient and fair one; but
generally party prejudice prevailed, instead
of Justice It often became necessary for
Parliament 70 acknowledge its error and re-
verse its own action. The fathers of our
country determined that no such thing
should occur here They withheld the
power from Congress, and thus forbade its
exercise by that body and they provide
in the Constitution that no State should
pass any bill of attainder. It is therefore
impossible for any person in this country
to be constitutionally convicted or punish
ed for any crime by legislative proceed
ing of any sort Nevertheless, here is a g
bill of attainder against nine millions of
people at once. 1t is based upon an ac-
cusstion SO vague as to be scarcely intelli-
gble, and found to be true upon no credi-
BILE evidence Not one of the nine millions
was heard in his own defence. The rep-e
resentat;ves OF the doomed parties were ex- Il
cluded from all participation in the. trial.
The conviction is to be followed by the
most ignominous punishment ever inflicted
on large masses of men. 1t DISTINGUISHES
them by hundreds of thousands, and de-
grades them all--even those who are adj
mitted to be guiltless-from the rank of