The southern enterprise. [volume] (Greenville, S.C.) 1854-1870, 1867-03-14

to the security Of life or property. The
excuse given for the Bill in the pream.
bic is admitted by the Bill itself not to
be real. The military rule which il es-
tablishes is plainly to be used--not for
any purpose Of order, or for the preyen-
ton Of crime, but solely as means OF
coercing the people into the adoption
of principles and measures to which it
is known that they are opposed, and
upon which they have an undeuiable
right to exercise their own judgment.
submit 10 Congress whether this
measure is not, in its whole character,
scope, and, object, without precedent
aud without authority, in palpable con-
,flict with the plainest provisions of the
Constitution, and utterly destructive to
those great principles Of liberty aud
humanity for which our ancestors on
both sides Of the Atlantic have she'd 80
much blood and expended SO much
treasure. ~. -
The ten States named in the Bill are
divided into five Districts. For each
District, an officer OF The army, not be.
low the rank of Brigadier General, is to
be- appointed to rule over the people !;
and he is to be supported with an eff
cient military force to enable him to
perform his duties and enforce bis au .
tbority. Those duties, and that author.
ity, as defined by the third section of
the Bill, are, to protect ali persons in
their rights Of person and property, to
suppress insurrection, disorder and vio>
lence, and to punish, or cause 10 be pun.
ished, all disturbers Of the public peace
or criminals" The power thus given to
the commanding officer over all the peo.
pie Of each District is that of an abso
lutte monarch. His mere will is to take
the place Of ali law. The law of the
States is now the only rule applicable
to the subjects placed under his control,
and that is completely displaced by the
clause which deciar all Interference OF
State authority to be null and void. He
alone is permitted to determine what are
rights of person or property, and he
may protect them in such way as in his
discretion may seem proper. 1t places
at his free disposal all the lands and
goods in his District, and he may dis
tribute them without let or hinderance,
to whom, he pleases. Being bound by
no State law, and there being no other
law to regulate the subject, he may
make criminal code Of his own and
he can make it as bloody as any record
ed in history, or he can reserve the priv>
ilege Of acting upon the impulse of his
private passions in each case that arises.
He is bound by no rules of evidence :;
there is indeed no provision by which he
is authorized or required TO take any
evidence at all. Everything is crime
which he chooses to call so, aud all per-
sons are condemned whom he pronoun
cos 10 be guilty. He is not bound 10
keep any record, or make any report of
bis proceedings. He NAV arrest his
victims wherever he finds them, With
out warrant, accusation or proof Of prob,
able cause. = II he give them trial be.
fore he ihflicts the punishment, he gives
il Of his grace ndOmerey, not because
he is commanded to do so.
To casual reader Of the Bill, It might
seem chat some kind Of trial was se>
cured by it to persons accused of crime !;
but such is not the case. The officer
"may allow local civil tribunals to try
offenders" but Of course this does no;
require that he shall do so. If any
State or Federal Court presumes to ex-
ercise its legal Jurisdiction by the trial
of malefactor without his special per.
mission, he can break it up, and punish
the judges and jurors as being them
selves malefactors. lie can save his
friends from justice, and despoiI his en-
emies contrary to justice,
II is also providedthat abe shall have
power to organize military commissions
or tribunals" but this power he is not
commanded TO exercise. 1t is merely
permissive, and is to be used only "when
in his judgment it may be necessary for
the trial Of offenders" Even if the SEN
tence'of commission were made pre-.
requisite to the punishment Of party, it
would be scarcely the slightest check
upon the officer, who has authority TO
organize it as he pleases, prescribe its
mode Of proceeding, appoint its mem
bers from among his own subordinates,
and revise all its decisions. Instead OF
mitigating, the harhness Of his single
rule, such tribunal would be used much
more, probably, 10 divide. the response,
biity Of making it more cruel and un-
just.
Several provisions, dictated by the
humanity of Congress, have been in
serted in the Bill, apparently tic restrain
the power Of the commanding officer ;
but il seems to me that. they are Of NO
avail fos that purpose. The fourth sec
tion proyides--Ffrst. Tbs, trials shall
not be unnecessarily delayed = but ]