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.
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