A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The only ground upon which this kind of legislation can be justified is
that of the war-making power. The act of which this bill is intended
as amendatory was passed during the existence of the war. By its own
provisions it is to terminate within one year from the cessation of
hostilities and the declaration of peace. It is therefore yet in
existence, and it is likely that it will continue in force as long
as the freedmen may require the benefit of its provisions. It will
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
meantime 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 proceedings 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 and 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 statesmen of the earlier days of the Republic,
so frequently the ruin of governments founded upon the same free
principles, and subversive of the rights and liberties of the
citizen--the question of practical economy earnestly commends itself to
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