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It was suggested, for example, that the President of Sessions should be appointed by the Government, that the justices should be subordinated to the Regular Tribunals, and that the principle of election by the Zemstvo should be abolished.
And be it further enacted, That it shall be the duty of each officer assigned, as aforesaid, to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals; and to this end he may allow local civil tribunals to take jurisdiction of and to try offenders, or when in his judgment it may be necessary for the trial of offenders he shall have power to organize military commissions or tribunals for that purpose, and all interference, under color of State authority, with the exercise of military authority under this act shall be null and void.
The Constitution of the United States contains some provisions restricting the jurisdiction of military authorities and tribunals over controversies, which are not found in the Constitutions of the States. It may well be that martial law has for the United States a narrower meaning than it may possess in a particular State.
But if one party in a case is European and another Egyptian, there are special mixed tribunals, established in 1876, consisting partly of native and partly of foreign judges. These tribunals settle civil and also some criminal cases between Egyptians and Europeans, and in 1900 penal jurisdiction was conferred upon them in connection with offences against the bankruptcy laws.
The fiefs of the condemned were also confiscated, contrary to the privileges of the nation, which permitted the heir to redeem them for a trifling fine; and in defiance of an express and valuable privilege of the citizens of Holland, by which they were not to be tried out of their province, culprits were conveyed beyond the limits of the native judicature, and condemned by foreign tribunals.
Each proceeded from a spirit of discontent with the decisions of the authorized tribunals; the difference being that in the one case peaceful means were used for the accomplishment of mistaken mercy, and in the other violence was resorted to for the attainment of mistaken justice.
If in France the tribunals were authorized to disobey the laws on the ground of their being opposed to the constitution, the supreme power would in fact be placed in their hands, since they alone would have the right of interpreting a constitution, the clauses of which can be modified by no authority.
The tribunals of state, of war, and of the revenue, as well as of literature, are conducted by graduates in their different studies; but while learning is the great road to preferment, it terminates in being able to read, and to write; and the great object of government consists in raising, and in consuming the fruits of the earth.
Regulation, as it related to the manner of procuring slaves, was utterly impossible: for how could we know the case of each individual, whom we forced away into bondage? Could we establish tribunals all along the coast, and in every ship, to find it out? What judges could we get for such an office?
Notwithstanding that many of them have been accused before the tribunals of seductions, rape, and violence against the sex, not one has been punished for what the morality of our Government consider merely as bagatelles.
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