Year: 1866

course ofjudiciai proceedings has been
interrupted by the rebellion.


The source from which this military
jurisdiction is to emanate is none 9TH
er than the President of the United
States, acting through the War De-
partment and the commissioner of the
freedmen's bureau. The agents to
carry out this military jurisdiction
are to be selected either from the ar
my or from civil life. the country is
to be divided into districts and sub
districts, and the number of saIaried
agents to be employed may be equal
20 the number OF counties or parishes
in All the United States where freed
men or refugees are to be found


The subject over which this militia
ry jurisdiction is to extend in every
part of the United States includes pro-
lection TO all employees, agents and
officers of this bureau in the exercise
Of the duties imposed upon them by
the bill in eleven States. 1t is fur
ther TO extend over adj cases affecting
freedmen and refugees Disseminated
against by local laws, custom or pre-
ludice. In those eleven States the bill
subjects any white person who may
be charged with depriving freedman
of any civil rights or immunities be-
longing to white persons to imprison-
ment or fine, or both, without, how
ever, defining the civil rights and i'm
munities which are thus to De secured
to the freedmen by military law.


This military jurisdiction also ex-
tends to all questions that may arise
respecting contracts. The agent who
Is thus to exercise the office of Judge
may be a stranger, entirely ignorant
of the laws of the place, and exposed
to the errors of judgment TO which all
men are liable The exercise of pow
er, over winch There is no legal sre
pervision, by so vast a number OF
agents as is contemplated by this bill.
must, by the very nature of man, be,
attended by acts Of caprice, injustice
and passion. The trials having thsin
origin under this bill, are to take place.
Without the Intervention of a jury and
without any fixed rules of law or evil
dencc. The rules on which offsnees.
arc to be heard and determined by the
numerous agents, are such rules and
regulations as the the PRESIDENT,
through the War Department shall
prescribe.


No previous rrcsentment is required
nor any indictTaeRt charging tbs COM
mission of crime against the laws,
but the trial must proceed on charges
and specifications. The punishment
will be, not what the law declares but
such as courtmartial may think
proper; and from these arbitrsry tri-
bunals there lies no appeal, no writ of


error TO any Of the courts in which
the Constitution of the United State
vests exclusively the judicial pewec OF
the country. While the territory and
tho classes Of actions and offences that


are made subject to this measure are
so extensive, the bill itself, should it


become law, will have ne limitation


in point OF time but will form part Of
the permanent legislation of the eoln-


try.


lcsnnot conceive system ofmilitary
jurisdiction ofthis kind with the words


of the Constitution, which declares


that "no person shall be held to
answer for capital or otherwise in


famous crime unless on u lrescntment


or indictment Oft grand jury, except
in cases arising in the land and naval
/ forces, or in the military when in


service in time of war or public


danger and that Gin all criminal


proceedings the accused shall enjoy


the right to speedy and public trial
! by an impartial jury Of the State or


district wherein the crime shall have
been committed


The safe guards which tho expert


ence and wisdom of ages taught our
> fathers to establish as securities for
the protection of the innocent, the
punishment ofthc guilty,and the equal
administration ofjustice,a are to be set
, aside and for the sake of moro
, vigorous intcrposition in behalf of
justice, we are to take the risk of the
! many acts of injustice that would
necessarily follow from an almost
countless number OF agents establish
cd in every parish or countyin nearly
a third of the States of the Union over
: whose decisions there is to be no SUPER
vision or control by the Federal courts.
The power that would be thus placed
in the hands of the President is such as


in time of peace certainly ought never
to be entrusted toany one man. Ifit


be asked whether the creation Of such


q tribunal in State was warranted


as measure of war, the question i'm
mcdiatcly presents itself whether we


are still engaged in war. Let us not
unnecessarily disturb the commerce
and credit and Industry of tho conn