smen of the earlier days of the republic,
so frequently the ruin of governments founded upon the same
free principle, and subversive of the rights and liberties
of the citizen--the question of practical economy earnestly
commends itself to the consideration of the law-making
power. With an immense debt already burdening the incomes of
the industrial and laboring classes, a due regard for their
interests, so inseparably connected with the welfare of the
country, should prompt us to rigid economy and retrenchment,
and influence us to abstain from all legislation that would
unnecessarily increase the public indebtedness. Tested by
this rule of sound political wisdom, I can see no reason for
the establishment of the 'military jurisdiction' conferred
upon the officials of the bureau by the fourteenth section
of the bill.
"By the laws of the United States, and of the different
States, competent courts, Federal and State, have been
established, and are now in full practical operation. By
means of these civil tribunals ample redress is afforded for
all private wrongs, whether to the person or to the property
of the citizen, without denial or unnecessary delay. They
are open to all, without regard to color or race. I feel
well assured that it will be better to trust the rights,
privileges, and immunities of the citizens to tribunals thus
established, and presided over by competent and impartial
judges, bound by fixed rules of law and evidence, and where
the rights of trial by jury is guaranteed and secured, than
to the caprice and judgment of an officer of the bureau,
who, it is possible, may be entirely ignorant of the
principles that underlie the just administration of the law.
There is danger, too, that conflict of jurisdiction will
frequently arise between the civil courts and these military
tribunals, each having concurrent jurisdiction over the
person and the cause of action--the one judicature
administered and controlled by civil law, the other by the
military. How is the conflict to be settled, and who is to
determine between the two tribunals when it arises? In my
opinion it is wise to guard against such conflict by leaving
to the courts and juries the protection of all civil rights
and the redress of all civil grievances.
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