The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1867-03-20

WI; NIL bnn victims wherever he may find them,
e nl1seS' accusation or proof Of, probable
49, IT, IL e gives them trial before he
a ,nalc's t"e punishment, he gives of his
s,aos anu u .het,: not because he is com
AZ n.i, 80 W No. To a casual reader of
.ne Dill 1t might seeN that some kind of q
trial was secured to persons -acci,sea y Of !.
crime; but such is not 10 case. m os; ~
Ger may locate civil tribunaa to trv offan
ders, but of course this doe not ,eo ,
that he shall do so. ~ d"'i'
lfany State or federal court prv.un,ou -
exercise its legal jurisdiction by thetr;al ~ Of
a malefactor without his special permis;on
he can break it up and punish the iudas
and jurors as being themselves maletactors
lie can save his friends from justice and
despoi bis enemies, contrary to instice. II
is also provided that he shall have power
to organize military commissions or tribu-
nails, but this power is not commanded. 10
do it is merely permlssive, and is to be
used only when, in his Judgment, it may be
necessary for the trial Of offenders Even
if the sentence of commission were made
a prerequisite to the punishment ola party
it would scarcely be the slightest restraint
upon the officer, who has authority to or.
ganize it as he pleases, prescribes its mode
of proceedings, appoints its members from
his own shbordinates, and reyerseS all its
decisions.
Instead of mitigating harshness Of this
single bill, such tribunal would be used
much more probable to divide the respon.
sibility of making it more cruel or unjust
Several provisions dictated by the humani-
ty of Congress have been inserted in the
bill apparently to restrain power of the
commanding officer, but it seems to me
that they are of no avail for that purpose
The fourth section provides 1st, That
trial shall not be unnecessarily delayed, but
| think have shown that the power is
given to punish without trial, and if 50
this provision is practically imperative
Cruel or unusual punishment is not to
be inflicted. But who is to decide what is
cruel an usually the words have acquired
q legal meaning by long ase in the courts.
Can it be expected that military officers
will understand it and follow d rule so
purely technical, and not pertaining in the
least degree to their profession2 If not,
then such officer may define cruelty accord
ing to his own temper, and ifnot usual he
will make it usual corporal punishment
the gags, the ball and chain and other al:
most insupportable forms Of torture inven-
ted for military punishment, would be with
in the range of choice.
Sd. The sentence of o commission is not
to be executed without its approval by the
commander, if it affects life or liberty; and
a sentence of death must be approved by
the President. This applies to cases in
which there has been q trial and sentence.
| take it to mean under the bill that the
military commander may condemn to death
without form of trial by military dommis-
sion so that the life OF the condemned may
depend on the will of two men instead OF
one. 1t is plain that the authority here
given to the military officer amounts to alb.
solute despotism, but to make it still more
uncomfortable the bill provides that it may
be delegated to as many snbordinates as he
chooses to appoint, for it declares he shall
punish or cause to be punished.
Such power has not been welded by
any monarch in England for more than 500
years. In all that time, no people who
speak the English language have borne
such servitude. The whole population Of
the ten States all persons Of every color,
sex and condition, and every stranger with
in their limits, are reduced to the most alb
ject and degrading slavery no master ever
had a control so absolute over his slaves as
this bill gives to military officers over both
white and colored persons. 1t may be an
swered to this that officers Of the army are
too magnanir1ous, just and humane, to OPP
press and trample upon subjugated people.
| do not doubt that army officers are as
we'll entitled to this confidence as any other
class of men, but the history Of the world
has been written in vain fit does not teach
us that unrestrainsd authority can never be
safely trusted in human hands. 1t is almost
sure, more or less, to be abused under any
circumstances, and it has always resulted in
gross tyranny where rulers, who are stran-
gers to their subjects. come among them as
the representatives ola distant power, and
more especially when the power that sends
them is unfriendly.
The governments closely resembling that
here proposed, have been fully tried in Hun
gary and Poland and the suffering endur.
ed by those people reused the sympathies
of the entire world. 1t was tried in Ire
land, and though at first tempered by the
principles Of English law, it gave birth to
cruelties so atrocious, that they are never
rec6unted. Without just indignation, the
French convention armed it's deputies with
this power, and sent them to the southern
departments of the republic. The massa-
ores, murders, and other atrocities which
they committed, show what the passions of
the ablest men in the civilized society
will attempt to do when wholly unrestrain-
ed by law. The men of our race in every
age have struggled to tie up the hands OF
the governments and keep them within the
law, because our experience Of all mankind
taught them that rulers could not be relied
on to concede those rights which they were
not legally bound to respect.
The head of a great empire has some
times governed with a mild sway, but kind
ness of an irresponsible officer never yields
what the law does not extend. Between
such numerous people subjugated to his
domination there can be nothing but enmi-
ty. He Furnishes themHif they resist his au-
thority; and if they submit to it he hates
them for their civility.
come now to a section which, if posi-
Bile, is far more important. Have we the
power to establish and carry into execu-
ton measure like this2 l answer, GER
tainly not, if we derive our authority from
the Constitution, and if we are bound by
the limitations which 1t proposes.
This proposition is perfectly clear, that
no branch of the federal government-ex-
ecntive, legislative or iudicial-can have
any just powers except those which it de-
rives through and exercises under the. Or
ganic law of the Union. Outside OF tho
Constitution we have no legal authority
moro than private citizens, and within 1T
we have oily so much as that instrument
gives us. That broad principle limits all
our functions and applies to all subjects
1t protects not only the citizens of the
United States which are within the Union
but shields every human being who comes
or is brought under our jurisdiction. We
have 10 right to do in one place more than