The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-03-04

n, M Haass az ksprfsesfoftrts.
haxs examined the bill "to provide for tbe
49, stacIent government OF the rebel StatesT
with the care and anxiety which lie trsnscendent
importance Is calculated to awaken. I am unable
"a Eve il my assent for reasons so grave that
None statement OF them may have some INF uenca
"a The minds OF the pairo,tc and emil gh,ere ed men
with whom the decision must ulti mateiy rest
The bin places all the people Of the ten States
herein named under the absolute domination OF
military rulers and the preamble undertakes Ia
md the ground upon which il i. justiaed II de,
tlares that there exists In those states no legal
governments, and no adequate protection for life
reScc and good order within their limits is this
roe matter II fact
each II them an sctasl government. with All the
powers executive, judicial, and legislative,
vheh properly belong to free tate. They are
Organized ike the Other States OF the Union. and
rke them. they make, sdr,inister, and execute the
Avs which concern their domestic affairs An
;9rStoSs as iS % iseF the law Of The sts S
rpoa all matters within It's jurisdiction. To pro
uennee the. supreme Law making power OF al
Established State Illegal is TO say that Law Itself IL
The provisions which these Governments have
made Tor the preserva;on q order the suppression
IN substance and principle the same AZ those which
prevail IN the northern states and IN other civil
"a IN prsyeptine the commission OF all crime nor
has this been accomplished anywhere in the world.
There a. well As elsewhere, offenders sometimes
s.e.ps Tor want Of vigorous prose ;uyion and occa
s,onauy psrbsps bvthe inefaciency OF courts or
the prejudice Of jurors. II Is undoubtedly true
mat these evils have been much increased and
aggravated, north and south, BY the demon liking
Influences Of civil war, and by the rsncorous pas
.icns which the contest has engeudered. But that
these people are maintaining local governments for
themselves which habituaGy defeat the object OF
al government. and render their own lives and
property insecure, lis in itself utterly improbable
sud the sysrment Of the bill 10 that effect IL not
Supported by any evidence which has come 10 my
knawlsdge. All the information ha i've on the sub.
y noes me that the masses of the southern
people, aud those who control their public acts,
While they entertain diverse opinions on ques
tons q Federal policy, are completely united IN
the effort 10 reorgsnize their society on the basis
@, peace and 70 restore their mutual prosperity
updly and as completely as their ciroumstan noes
The bill, however, would seem to show upon it's
face that the establishment of peace aud good order
j. no, It's real object The ftth section declares
ihA the preceding sections shall cease 10 operate
in any State where certain events shall have hap
paned. These events are First, the selection OF
delegates to a State Convention by an election al
which negroes shall be allowed to vote. Second,
the formation OF State Cons tuition by the con
yen,iOn so chosen. Third, the Insertion into the
State Constitution OF provision which Will secure
the right OF voting ut all elections to negroes, and
~ Fn5rtb ,h snSmissinn of tba
Const ution for ratification to negroes and white
men not disfranchised, and ts actual Iati fcation
by their vote. Fifth, the submission OF the state
Constitution TO Congress Tor examination and ap-
prevail, and the actual approval OF II by that body
sixth the adoption OF certain amendment to the
Federal Constitution by vote Of the Legislature
elected under the pew Constitution. Seventh, the
adoption of said mendment by a sutic lent number
IL other States TO make IL part OF the Constitution
Of the United States All these conditions must be
fulfilled before the people OF any OF these states
but VII en- they are fulhlled, then i'm
mediately the pains and penalties of the bill are
10 cease, no matter whether there be peace and |
order mot and without any reference to the Sc.
curty Of life or property. The excuse given for |
the bill in the preamble is admitted by the bill II
self not 10 be real. The military rule which 1t
1kpka dc r1a Sn1p IN ha fnra NY nnr
pose of order, or Tor the prevention Of crime, but
solely as means OF coercing the people into the |
sdopton OF principles and measures to which Il Is
they have an undeniable right to exercise their
! submit to Congress whether this measure Is
not, in It's whole character, scope, aud object |
without precedent and without authority, In pal
pab!e conflict with the plainest provisions OF The
Constitution and utterly destructive 10 those great
principles Of liberty and humanity for which our |
ancestors on both sides OF the Atlantic have shed
The ten States named in the bill divided into |
We districts. For each district an officer OF the
TO be appointed 10 rule over the people and he is
10 be supported with efficient military force TO
MIN 70 perform his DUES amin
fined by the third section OF the bill are To pro
tect ali persons in thsir rights OF person aud pro-
perry 10 suppress In direction, disorder and VIC
ience, and 10 punish or cause TO be punished all
dibturbers Of the public peace or crimiu ais" The
power thus givento the commanding officer over |
an the people OF each district is thatof abso-
lutte monarch. His mere will is to take the plac,
Of all law. The law of the States is now the only
aea hat is by
clause which declares all interference Of State au
10 determine what are rights OF person properly,
and be may protect them in such way as IN his
discretion may seem proper IL places al ME Tree
be may distribute them without let or hindrance
to whom he pleases Being bound by no State
law aud there being no other law TO regulate thu
81 biecI. lie may make a cri minal code OF his own
nd ne cat IL bloody as any recorded In MS
tory, he can reserve the privilege o. acting npon
the impulse OF his private passions in each case
M at arises. He is bount by no rules Of evidence
In re is indeed prov siOn by which ne Is auths-
Everythipg Is crime which he chooses to call so,
and all persons are condemned wht IN he pro-
nounces to be guilty He Is not bound to keep any
record or make any report OF his proceedings.
lie may arrest his victims wherever he finds them
without warrant, accusation, or proof OF prooaole
the punish ment, no gives II OF his grace an
mercy, not because he is commanded so 10 do.
To casual reader Of the bill II might seem that
some kind OF Trial was secured by II persons as-
cusei Of crime out such is not the case The Off
Ger .may allow local civil tribunals 10 try Offend
ers 'fbut OF course this does not require that he
Oh all do So III any State or Federal court pre-
sumes TO exercise lis legal jurisdiction by the tial
Of malefac:or without his speclal permission, he
can break II up, and punish the JUDGES and jurors
a. being themselves Inalefactors. lie can save his
friends from justice, and despoii his enemies con-
tTary TO justice.
ia Is all provided that me tndll nave power 10
organize military commissions or tribunals but
this power he ia not ded to exercise. IL Is
merely perlnissivs, and Is 10 be used only " Whe1
In his Judgment IL may be necessary ior the ttiai
az of.uders Even III the sentence OF u commits
sion were made prerequisite 70 the punishment
Of party il would be scarcely me sign.esa one0s
upon the officer who has authority 10 orgaolze II
a. he pIeases prescribe its mode OF proceeding
appoint its members from among his own subordi-
naas nd revise all its decisions. Instead OF mill
Eating the harshness of his single rule, such trl-
bunaI would be used much mere probably 10 d,
vide the responsibility OF making II more cruel
and unjust.
Ssveral provisions, dictated by the humanity OF
have been inserted in the bill appa-
rsntly TO restrain the power OF the commanding
0Mcer but il seems to me that they are OF no avail
far that purpose. The fourth section Provioes
First. That trials shall not be unnecessarily ae-
laysd but think have shown that tho powerlt
given 10 punish without trial, and II So this pro,
vision is practically imperative; Second. Cruel
who Is to decide what is cruel and what is I'M
usual The words have acquired legal meaning
by long use in the courts Can ~ DO expected tnst
military officers Will understand or follow a rule
expressed IN language 80 purely technical, ana
not pertaining in the least degree TO their probes
sionH II not, then each officer may define cruelty
according to his OWE temper and II II Is not usual,
he will make Il usual; Corporal punishment I'm.
prisonmsnt, the gag, the ball and chain, and The
a. most insupportable forms OF torture invented Tor
military punishment, lie within the range of
choice Third. The sentence OF commission ID
Commando 20 II il affects lie or liberty, and sem
teDcs OF death must be approved by the President
nal and sentence. take il to be Clear, under this
bill that the military commander may condemn TO
death without even the form Of trial by mill.
tsry commission, so that the life OF the condemned
nav depend upon the will Of two men instead OF
one.
il Is plain that the authority here given to the
military officer amounts TO absolute despotism
But to make IL still more uncomfortable, the bill
provides that IL may DO delegated TO as many su-
bordinates as he doses to appoint tor II
that he shall "pupish or cause 10 be punished"
such a power has not been welded by any mon
arch IN England for more than five hundred years.
In all tho time no people who speak the English
language have horne snch servitude. II reduces
ID whole population OF the ten saes-all persons,
q every color, sex, and condition, ana every