exercised except where the President himself has established,
and is maintaining military jurisdiction, which he is now doing in
eleven States; and the very moment that he ceases to maintain military
jurisdiction, that very moment the military jurisdiction conferred
over freedmen by this act ceases and terminates.
"Sir, the whole jurisdiction to try and dispose of cases by the
officers and agents of the Freedmen's Bureau is expressly limited to
the time when these States shall be restored to their constitutional
relations, and when the courts of the United States and of the States
are not interrupted nor interfered with in the peaceable course of
justice. So far, then, from the bill establishing a military
jurisdiction, upon which the Senator from Kentucky and other Senators
have so much harped, it confers no jurisdiction to try cases one
moment after the courts are restored, and are no longer interrupted in
the peaceable administration of justice. Let me ask by what authority
is it that military tribunals are sitting to-day at Alexandria,
Virginia? By what authority is it that the writ of _habeas corpus_ is
suspended to-day in eleven States, when the Constitution of the United
States says that the writ shall not be suspended except when, in cases
of rebellion and invasion, the public safety may require it. By what
authority does the President of the United States object to the
exercise of military jurisdiction by that part of the army charged
with the execution of the provisions of the Freedmen's Bureau when he
exercises that military jurisdiction himself by other portions of the
army? But a few days since a military commission was sitting in
Alexandria, trying persons charged with crimes--and they are held all
over the South--and yet that part of the army connected with the
Freedmen's Bureau can not exercise any such authority because it is
unconstitutional--unconstitutional to do by virtue of a law of
Congress what is done without any law!
"Where does the Executive get the power? The Executive is but the
Commander-in-chief of the armies, made so by the Constitution; but he
can not raise an army or a single soldier, he can not appoint a single
officer, without the consent of Congress. He can not make any rules
and regulations for the government of the army without our permission.
The Constitution of the United States declares, in so many words, that
Congress shall have power 'to make rules for the government and
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