, 1870-01-20

Pxetest Of senator Hinton Against
ske IuFtedlctt0N Of Tho Military
Cnufk of INQUIRY.

FX4feHt OF EaNatof htHt0U Against
sne JuFtsdactioR Of Tho Military
Court Of Inquiry.
In tho Court Of Inquiry to day Tue counsel for
tho dcience nted the huo~1ng plea against the
Jurisdiction Of GeuelM RuXer, General HRnad,
aud Mayor GoodlelioN, eonpossng the Board Of
Tae ine1,gtbllity of the undersigned to sess in
the Leg.alAtare Or Georgia, under the ReconstTuc-
undersigned being oncisily notoed Of The sp.
poin.ment Of the meeting 9! thls honorable court,
ana being also notified that he might appear
81 ssat IL as e Is ossSaS a
now appear .tta III due respect ior tho members
auh declare that the honorable board haa 10 law
ful right Of jurisdiction TO iuqutrc into and pass
Judgment upou tue e!lgthulty ot tue undersigned
reasons ard upon the arouads folio wing:
Frat the Undersigned, after full tnVeSti9a-
ton as to ala quaunca1ions, aud after taking tne
registered yo:eTs, duly registered as voters, aud
atse5xald4 duly elected to tae Sonata ot GsotgLa
which he represents, Ia entitled to Ills sea. w1t1,
out let or hiudyaDce. Qls eligibility, % fat as
compliance With tbs reconstruction acts. IS con-
cerneh has been sanctioned acd confirmed by
Cor etets, inaemucn a. Ucder those laws no g9alt-
deltious lot on1ce are required CT Imposed save
thoso required OF yoters. aud IL all the yntets
had 10 be registered, and Is the Undersigned L. a
!
such ny General Meade, who then comnanded
the di5trcr, he u unques&tonahlr entitled to vote
:. Second; Aayirg passed the oTdeal ct teg1asra.
prescribed ~ The reconstrucfon acta aud the coa-
st!.uton OF GeorRia. which hare been approved By
Of SueG and me % safy az naye M % 10 1afsatc.
ctcaon of the question
Third. TIE recent act Of Congress-, entitled
Rla," does not repeal Of modify the reconsructlou
Ia "a IN ex1stetce Wnen passed relative 70 quatn
catloha Of voters OF olc e-t0ldeIs; but Congress.
illegal IegtstEattons md men1tefa Of the Lezlala.
tuta thertbE elected In violation OF the recoastrrc-
tou 14FR aEd Of the fourteenth article Of the Con-
befs Of the Legislature sna take one OF the other
OF the oaths PRESCRIBED ia the recent scts on
pain Of 1pd;ctme1t, coDvlcttoD. md p11lsameut
i0r.berapee OF, the existing l4we. TuQ9 Co3cr7sa
DECLARED what ia the mischief, pointed out tie
rem edT md desicpaIed tne rcr4m woo.e iar1sdio-
t1on ehofid he the sole and exclusiVe ppyer 10.
the e1f0Tcerent Of toat remedy. There ls no
bower iodped anywhere 10 saofs different mia
Of action Ct preecribe remeoy.
Funiiil. CoDere!s itseH eau 20 no farther than
paEs I, law 5oF he enforcement o{ The goafieen;h
sit'c;: of tilo CousIitutjoo of tie United S.ateL
am recent acs Of law p1s,niT state, Ehst tbe
he Ts;eeas shaH be enforced a4stnst tna meinpess
or the fso,statnrc Of Geotr1n: aud the under.
eicpeH fespectiQtIy ask ho can auy oflcer Of the
thas, Cpncyess has preseribed.
F,fth. T6e ion1th sectton Of the present act
tlecla,es that pelsols ELECTED to tie Gererai As.
seinoiy, WIS snsiI comply with the provs'oas Of
Lpe aci bg taking ore Of the prescribed oatns or
atlirmatloLs, ., shau ihereupon proceed to reorgan-
lie the IEp houses By tue election or pfoper
onccIs to each house, and il any member snall
take either one nf the oatna falsely the act itself
pfovttles what sna,l be rue puniahmentl
Skin. The constttpton OF the State providea
one other remedy, and that Is found IN he power
oi either house to expel ar Of lis members who
may 1sye rendered Himself infamous by perjury
or ans other helraQs crime
BSertnth- In EIeS OF tue proposition heretnbe.
forc sumitted, the uudeEaI91ed most respectfully
hsks hat Ii the object OF the lCqutrY which the
nulo1abie eoatd Il directed to Institute. What
Is TO be made Of the testimony which Ia to be
elyep before theu11 Ia It uLlerfto0d By these
prpct Gdings to lay q found or rave the NAY
lo1 the .rtal and puE!shmett ol the underaguet
ny court martial or Military condemnation II
80. the procedures ara positive violation at the
recent act a{ofcsatd, winch gives to tue c1v1I
courts OF the Untted Statea tie sole exclusive
Judi tclcton Of tue ene4tlon and preactloe the
rpde ard measure OF punishment for takfuG either
cath falsely Ia It thtened BY tla investigation to
poIIt out who are guilty Of felony Bud who sh ould
ba prosecuted before the civil tribunal. II 30,
thts ptpceedirg 4 an usuYpatioa Of tue functions
n1 tha cisii cn3,ts. rreiudicial uf sne case, aad
plsces the cisil copIts w1ere they 1usr comply
viii The orerF Of the utIi afF. or take direct Ii.
sues Win thera. Can It b. Intended. By thta bro.