ill certainly remain in operation as a law
until some months subsequent to the meeting of the next
session of Congress, when, if experience shall make evident
the necessity of additional legislation, the two houses will
have ample time to mature and pass the requisite measures.
In the mean time the questions arise, Why should this war
measure be continued beyond the period designated in the
original act? and why, in time of peace, should military
tribunals be created to continue until each 'State shall be
fully restored in its constitutional relations to the
Government, and shall be duly represented in the Congress of
the United States?' It was manifest with respect to the act
approved March 3, 1865, that prudence and wisdom alike
required that jurisdiction over all cases concerning the
free enjoyment of the immunities and rights of citizenship,
as well as the protection of person and property, should be
conferred upon some tribunal in every State or district
where the ordinary course of judicial proceeding was
interrupted by the rebellion, and until the same should be
fully restored. At that time, therefore, an urgent necessity
existed for the passage of some such law. Now, however, war
has substantially ceased; the ordinary course of judicial
proceedings is no longer interrupted; the courts, both State
and Federal, are in full, complete, and successful
operation, and through them every person, regardless of race
or color, is entitled to and can be heard. The protection
granted to the white citizen is already conferred by law
upon the freedman; strong and stringent guards, by way of
penalties and punishments, are thrown around his person and
property, and it is believed that ample protection will be
afforded him by due process of law, without resort to the
dangerous expedient of 'military tribunals,' now that the
war has been brought to a close. The necessity no longer
existing for such tribunals, which had their origin in the
war, grave objections to their continuance must present
themselves to the minds of all reflecting and dispassionate
men. Independently of the danger in representative republics
of conferring upon the military, in time of peace,
extraordinary powers--so carefully guarded against by the
patriots and state