Year: 1866

The subjects over which this military
jurisdiction is to extend, in every part of
the United States. include protection to
all employees, agents and officers of this
bureau in The exercise of the duties i'm
posed upon them by the bill in eleven
States. 1t IS further to extend over all
cases affecting freedmen and refugees
Disseminated agents by local tax, custom
or prejudice ID these eleven States. The
bill subjects any white person, swho may
be charged with depriving freedman
of any civil rights or immunities belong
ing to white persons, TO Imprisonment or
fine, or both, without however defining
the civil rights and immunilies which
are thus to be secured to Freedmen by
military law. This military jurisdiction
also extends to all questions that may
arise respecting contracts. The agent
who is thus to exercise the Office of a
Military Judge may be stranger, en-
tirely ignorant of the laws Of the place.
end exposed to errors of Judgment to
which all men are liable. The exer-
else of a power over which there is no
legal supervision, by so vast number of
agents as is contemplated by the bill,
must by the very nature of man be at.
tended by acts of caprice, injustice and
passion. The trials having their orr
gin under this bill, are to take place
without Intervention of jury and
without any fixed rules of law or evil
dence. The rules on which offense are
to be heard and determined by the nu.
merous agents are such rules and regu-
lassons, as the President through the
War Departm ent shall prescribe. No
previous preseutment is required, nor
any Indictment charging the commit
ting of a crime against the law, but the
trial must proceed on charges and spe-
cifcations. The punishment will not be
as the law declares, but such as court
martial may think proper, ,and from these
arbitrary tribunals there is no peal, no
writ of error to any of the Courts in
which the Constitution of 4he United
States vests exclusively the judicial pow
er of the country, while the territory and
the ella IS of actions and ufenses, that
are made subject to this measure are so
extensive that the bill itself, should it be-
come law, will have no Limitation in
point of time, but will form part of the


permanent Legislation of the country
/ cannot reconcile system of military
jurisdiction of this kind, with the words
of the Constitution, which declare that
no person shall be held to answer for
capital or otherwise Infamous crime, un-
less on presentment or Indictment of


Grand Jury, except in cases arising in
the land or naval forces, or while in ac-
tual service In time of war or public dam
ger, and that in all criminal prosecutions
the accused shall enjoy the right to a
speedy and public trial by an impartial
jury of the State or district where the
crime shall have been committed. The
safeguards which the wisdom and expe-
rience of ages taught our fathers to
esta blish as securities for the protection
OF he innocent, the punishment of the
guilty, and The equal administration of
Justice, are to be sci aside, and for the
sake of more vigorous interpositiOn in
behalf of justice we are to take the risk
of the many acts of injustice that would
of necessity follow from an almost count
less number of agents, established IN ev-
cry parish of the country in nearly
third of the states of the Union, over
whose decision there is to be no su-
pervisionary control by the Federal
courts. The power that would thus be
placed in the hands of the President is
such as on time of peace the country
ought never to entrust to any one man j.
If it be asked whether the creation of
such a tribunal within State is war


ranted as a measure of war, the ques.
ton Immediately presents itself whether
we are still engaged in war. Let US not
unnecessarily district the commerce, the
credit and industry of The country by de-
claring to the American people and the
world that the United States are still in
a condition of civil war. At present
there is no part of cur country in which
the authority of the United States is dis
puted. Offenses that may be committed


by individuals should not work forfeit
ure Of the rights of the same communi-
~. The country has entered, or is re-
turning to state of, peace and industry,
and rebellion is in fact a; an end. The
measure, therefore, seems to be as in
consistent with the actual condition Of
the country as it is at varience with the
: Constitution of the United States.


: If, in passing from general considera-
tions. we examine the hill in detail II !,