The Daily empire. (Dayton, Ohio) 1865-1867, 1867-03-05

ANAA " ANHANN
which gives all the main points presented
by the President, and which. in our judg-
mcut. presents the substantials OF thcargu-
mcut:
From the Cincinnati Commercial
THE vErO.
On Saturday evening the President re-
turned to the House Of Representatives the
bill to provide for a more efficient govern
mpnt OF the rebel States. lie objects TO the
bill that 10 places all the people of the ten
States therein named under the absolute
domination OF military rule and That u
would seem TO show upon its face that the
establishment OF peace and good order Is
not its real object lie says:
THE fifth section declares that the pre-
crding sections shall cease to operate IN
amy State where certain events nave nap
pcucd. These are;
81. The selection Of delegates to state
Convention by an election, az which negroes
shall DO allowed to vote.
-. The formation Of a state constitution
by the Convention 50 chosen.
-. The insertion into the state con-
stitutiou OF "a provision which viii Sccurc
the right Of voting at all elections to the
negro, and such white men rs may not be
distranchised for rebellion or felony.
~. The submission OF thccOnstitution for
ratification to the negroes aud white men
not DISTINGUISHED, and It's actual ratihca-
tiOn by their vote.
-. The submission Of the State cOnstitu-
ton TO Congress for examination, and the
actual approval of It by that body.
"6. The adoption of a certain amendment
to the Federal Constitution by vote of the
Legislature elected Under the new consti-
tuition.
-. The adoption OF said amendment by a
sufficient number OF other States IS to make
IL a part Of the Constitution of the United
States.
IAN these conditions must be fulfilled
before the people OF any of these can be
relieved from the bondage of military
domination; but when they are fulfilled
then the pains and penalties of the bill are
to ceasc-no matter whether there be peace
or order or not, and without reference to
the securitysOf life and property.
1.-THE excuse given Tor the bill in the pre-
amble Is admitted In the bill itself not to be
real. The military rule which it estab-
fishes is plainly to be uscd-not for any
purpose of order, and for the prevention of
Crimc-but solely rs a means OF coefclnS
the people into the adoption of principles
and measures to which tits known they are
opposed. and upon which they have an un-
deniahlc right to exercise their own iudg-
meut."
OF the military governments provided
for. the President says:
~ WI lANf hiiiN W ~ ~ - ~
vidcd into five districts. For each district
an officer of the army, not below the rAk
of Brigadier General, is to be appointed to
rule over the people, and he is to be sup
ported with an efficient military force to
enable him to perform his duties and his
authority, is defined by the third section
of the bill, Is to protect nll persons In their
rights Of person and property to suppress
disorder and violence; and to punish, or
cause to be punished. all disturbers of the
public peace. or criminals.
"The power thus given to the command
ing officer over all the people of each state
Is that of an absolute monarch. His mere
will is to take the place of all law. The
law Of the State Is the only rule applicable
to the subject placed under his control, and
that Is completely displaced by the clause
which declares all interference of the State
authority to be null and void. He alone is
permitted to determine what are the rights
of person and property. lie may protect
them in such way as In his discretion may
seem proper.
cit places mt his free disposal all the
lands and goods in his district. He may
distribute them without let or hindrance.
to whom he pleascs, being bound by mo-
state law, and there being no other law
To- regulate the subject.
He may make n criminal code Of his
own, and he can make IL as bloody rs any
recorded in history, or he can reserve the
privilege of acting upon the impulse of his
private passions, in each ease that arises.
lie is bound by no rules OF evidence. There
is indeed no provision by which he Is au-
thOriZed or required TO take evidence mt all.
Every thing i a crime which he chooses to
call go, aud all persons are condemned
WHOM he pronounces guilty. lie is not
bound to make any report or keep any
record of his proceedings. lie may arrest
his victim wherever he may find him,
without warrant, accusation or proof OF
probable cause. If he gives him a trial be-
fore he infiicts the punishment, he gives OF
his grace and mercy. not because he is COM
muuded so to do.
TO "A casual reader of the bill, it might
ID seem that some kind of trial was secured
to persons accused of crime, but such is not
the case. The officer may permit local
civil tribunals to try offenders, but oi
course this does not require he shall do so
ltany State or Federal court presumes to
exercise its legal jurisdiction by the trial
Of a malelactor without his special permits
sion, he can break it up aud punish the
Judges and jurors rs being themselves male
factors. He can save his friends from jus.
tlce and despOil his enemies. contrary tC
Justice"
The authority to organize military tri.
bunals, the President thinks, affords nc
check upOn the commanding officer, whC
can "Organile them as he pleases. presCrib,
tlieir mOueOf proceeding, appoint the mem
bers from his own subOrdinates, and revise
all its decisions" Other clauses of tho bill
are subjected to the same criticism. Thu
provisions that trials shall not be unueces,
sarily delayed that cruel or unusual pun,
shments shall not be inflicted and tina
death sentence, passed by a commission
shall not be executed until approved BY
the President are deemed of no value, be
cause, under the plenary powers of tn,
c~ommnnder, he is him-olfthe ouly Judge o
the nature of the punishment, uui uuiy con
denim and execute u prisoner by his merl
decree, without any form of trial.
This portion of the bill is summed up a
follows:
'lt Is plain that the authority here givel
to the military officer mounts to absolute
despotism but to make it still more unen
durable, the bill provides that it may b
delegated TO as many subordinates as h
chooses to appoint, for il declares he shal
punish or cause to be punished" such
power has not beeu welded by a monarch
in England for more than five hundre
years In all that time. no people who spea
the English language have borne such SCI
yitude. 1t reduces the whole population @
the ten States-all persons, of every colo