The New York herald., 1868-06-30

that persons convicted shall sufer such punishment
as the court martial shall innct, not exceeding dis
missal from the service, and 1t was adopted
On motion OF Mr.. THAyER section SO was amended
so as to provide that volunteer and militia officers
shall take rank according to the dates OF their COM
MISS Ons.
Mr.. FERRY called attention TO the fact that
although logging Is prohibited, many cruel corpo-
real punsnments were inflicted during The war,
such as ticnZ to a gla carriage, uelng mp by the
thumbs, &c He moved to amend by providing that
no corporeal punishment shall oe inncted other than
hard labor or Imprisonment by sentence OF il court
martial Agreed 10.
Mr. DAVIS moved 20 strike out the following words
from section 10:--"No oicer shall be tried but by a
general court martial nor ny otcrs OF an infer or
rank, unless in the Judgment OF the olhcer apI QUIT
ing The court dtcannot be avoided without detrinen
to the public service" ReJected.
Mr.. DAVIS then made sons remarks on the subject
a the test oath prescribed In the FIRST section. lie
thought IL was time to do away with these proscrip-
tions growing out OF the war.
Mr.. Buc1ALEw thought The twelfth section in
augurated principle never heretofore recognized IN
our articles OF war. He moved 10 strike out the
words "pubic dangerh and insert ''nsurrection."
Agreed to.
the same section providing that military commissions
shall have jurisdiction over all offences and offenders
against the common laws OF war not cOgnlZable by
courts martial, which would apply to persons not
otherwise amenabe TO the laws OF war. He thought
1t dangerous provision.
Mr.. FEELlNGuuYSEN, trep) Of \. j., suggested that
the objection would be oDviatel b. iding after I
words 'COurts nartial' the words committed Will
an the theatre OF war"
Mr.. CoNkLING said that would make it much bet
ter. The section however, required further amend
ment Many arrests of civilians made during the
war had seemed To him propc nevertheless it seemed
more in cOnsonance VIA the genius of our institu-
tons that civilians, when 1t was possible should be
tried 10y civil tribunals.
Mr. DAVIS remarked that he had been contending
for this principle for five years. It was one OF the
rights OF the citizen under the constitution TO have
trial by Jury. lie was opposed to the ninety eighth
section subjectng suffers, traders, army contractors
and other army followers and all citizens residing
in military Indian reservations 10 these rules anu
articles and subjected TO courtnartal.
Mr.. THAYER was also opposed to that section so
far II related to persons other than officers and
soldiers. 1t would work peculiar hardships in the
Indian territories. When in order he would move
to strike out the section
MI. Freylnghuysens amendment was adopted.
Mr. BuCKALEw moved 10 add after 1t the words
"where the civil tribunals cannot act"
Mr.. DRAKE, (rep.) OF Mo-, had had too much eXpe-
Renee OF the theatre of war TO give his adherence to
any such doctrine Ir a rebellion should exist in
Virginia and men in New York should give aid and
hand on them. Or II, as has been the case, rebel
lion existed in the Gulf States and sympahlzers III
Tennessee were giving aid and comfort the govern
should be permitted to bring them swiftly TO justice
Mr.. CONNEss had in the meantime prepared the
following amendment, to come In after the words
'.cOurt martal":"But such jurisdiction shall not,
within the United States, attach TO any person dis
connected with the military service unless the civil
tribunals before which such persons would usually
be tried shall be interrupted or impeded by war or
Mr. DRAKE asked whether the Senator intended
| that Offenders should be tried by their fellows Of
| crime.
place where there are courts open and ready to act
He added to his amendment the words "or shall re-
| fuse to administer justice"
Mr.. FERRY suggested the insertion OF the words
| according to the rules and usages Of war"
Mr.. DRAKE-That would obviate the difficulty,
| think.
on the amendment, on motion OF Mr.. EDMUNDs, the
| Senate adjourned.