The New York herald., 1867-06-11
RECONSTRUCTION.

Oh the hecOustfuctlOu BILL 10 congress-
The following the points Of the Presidents veto
Of the Reconstruction bill n relation TO military domi-
nation in the South
The bill places all the people Of the ten Sa,es therein
named under the absolute donindtion Of military rulers, and
the preamble undertakes to give the reason upon which
1t Is justified declares that there crisis those St0es
no Legal governments and adequate protection for
life property, and asserts the necessity Of enforcing
pace and good order scDtin their hn.ifs. : =
All these conditions must be fulfilled before the people
Of Of be relieved from the bondage
Of military domination; but when they are fulfilled then
cease, whether there be peace and order or
not and without any reference to the security OF life
and property The excuse given for the bill in the
ambe is admitted by the bill itself not to be real The
military rule which il establishes is plainly TO be used
for any purpose of order for the prevention Of
crime but solely means Of coercng the people into
the adoption Of principles and which
known that they opposed and upon which they have
an undeniable right to exercise their own Judgment.
submit TO Congress- whether this measure not In
s whole character scope and object without precedent
and without anthority-in palpabe conflict with the
painest provisions OF the constitution utterly de-
structive TO those great principles of liberty and human
t for which our ancestors both sides OF the Atlantic
Shed 80 much blood and expended so much treasure.
The ten states named IN the bill divided INTO five
districts For each district officer OF the army not
below the rank Of brgader general is to be appointed
rule the people, and he is TO be supported with
efficient military force to enable him perform his
duties and enforce his authority Those duties and
bill are to protect all persons in their rights of person
and property, to suppress nsurrccon disorder and
Of the public peace criminals. The power thus
given the anding officer all the people Of
sseo dc % : a q al Z" e asso Tss n II ss s o..
the only rule applicable TO the subjects placed
his control and that is completely displaced by the
clause which declares all interference of the State
thorty to be null void. He alone Is permitted 10 de-
terMne Ohat the rights Of person and property and he
may project them ,cdy discretion may seem
proper II places at his free disposal all the lands
and goods ia his district, and he may distribute
them, without let or hindrance 70 whom he pleases
nois.v hotn TN lnv md fhnrs hatn
law to regulate the subject he may make criminal
code OF his and he can make it bloody any
recorded In history he the privilege of
acting upon the impulse Of his private passions
case that arises He is bound by rules OF evidence;
there s indeed no provision by which he is authorized
or required 10 take evidence at all. Everything Is
crime which he chooses TO call so, and all persons
condemned whom he pronounces to be guilty. He is
bound to make report keep any record Of his
proceedings He may arrest his victims wherever he
finds them, without warrant, accusation proof Of
probable canse II he gives them trial before he in
cts ina punishment he gives It o mis- grace and mercy
not because he is commanded so TO do To casual
reader OF the bill II might that kind of
was secured by il TO accused of but such
Is not the The officer may allow local civil
tribunals to try Offenders but OF this does not
require that he shall do II any Stale federal
court presumes TO exercise its legal jurisdiction by
trial Of maefactor without his special permission
he break up and punish the judges and jurors
being themselves maefactors. He his friends
justice and despo his enemies contrary justice
II provided that he shall have power organize
military commissions tribunals; but this power
not commanded to exercise 1t is merely permissve,
and is to be used only when n his Judgment IL may be
necessary for the trial OF offenders Even il the sem
Of o commission were made prerequisite to the
punishment Of party II would be scarcely the slightest
check upon the officer who has authority to organize it
as no peases prescribe Its mode Of proceeding appoint
its members from among his own subordlnates, and
wise all his decisions Instead Of mitigating the harsh
ness Of his single rale .scl tribunal would BE- used
making il more cruel and unjust Several provisions
dictated by the humanity Of Congress have been in
serted in the BILL apparently to restrain the power Of
commanding officer. but it seems that they
are Of no avail for that purpose.
The fourth section provides that trials shall not
the power Is given punish without trial. and II SO this
provision Is practically imperative second, cruel or
unusual pupishments not to bc inflicted but who ID
70 decide what cruel and what unusual The words
have acquired legal meaning by long IN the courts
Can be expected that m,aTy ~ omceis VIII
cal and pertaining in the least degree TO their pro-
tesson Il not then each olcs, q may define cruelty
mako IL usual. Corporeal punishment. the gag, the
ball and chain, and the other almost insupportable
forms Of torture invented for military punishment Will
be within the range OF Third the sentence Of
commission TO be executed without being approved
ssuce Of dcas must be approved By The President This
applies in which there have been trial and SEN
20 Ds NAV clssl 70 death U
even the form Of . trial by military oommssion 30
that the life Of the condemned may depend on the VIII
OF two men instead Of 1t plain that the authority
here given TO the military officer amounts 70 absolute
despotisn. But TO make II still more uncndurable tho
Dill prOv0o6 tn0I IL may DC ueokuteu 70
dnates as he chooses appoints for il declares that he
shall 'punish cause 10 be punished" Such power
has not been welded by any monarch In England for
more than i've hundred years. In oil that time no
people who speak English language have borne such
servjtude reduces the whole population Of the ten
and every stranger within limtsto the most alb
ect and degrading slavery. No master ever had con-
troll absolute over his slaves as TINS Dill gives 70 he
may answered this that the officers OF the army
are too magnanmous just and humane to oppress and
trample upon subJugated people do NOT doubt that
army officers are well entitled 70 this kind Of conf
dence any other class Of but the history OF the
world has been written IN VAIN does nos eacn Us
In human hands Ii Is almost sure TO be more or less
abused under any circumstances and n has always re-
suited in gross tyranny where tho rulers who exercise
Il are strangers 10 their subjects and among them
the representatives OF distant power, and more
especially when nS oos sssmSna
that here proposed have been fairly tried in
Hungary and Poland and the suffering endured BY those
peopie reused the sympathies Of the entire world. II
was tried in Ireland, and, though first tempered by
principles OF Enghsh law, gave birth TO cruelties 20
arocious that they are never recoun.ea Without ass To-
with this power and sent them 10 tho southern depart
mcnts Of the republic. The massacres, murders and
other atrocities which they committed show what me
passions OF the abiest In the most civilized society
viii assempt 70 do when wholly unrestraincd oy hw
m aes q G and s them
within the law. because their own experiences Of all
mankind taught thsm that rulers could not DO relied ON
bound respect The head Of great empire has some
timcs governed 1t with mild and paiernal sway but
the kindness Of an irresponsible deputy never yields
what the Law does not extort from him. Between such
master and the people subjugated 70 his domination
there can be nothing bot envy; He p9n.snes them u
they resist his authority, and " they submit 70 u ne
hates them for their servility.
vets Of the supplementary Bili-Thc Prcsi-
dents View Of the Power Of Commanders ~
Embraced In that Law.
When contemplate the millions Of our fellow citizens
Of the south, with alternative len but TO impose upon
themselves this fearful and unrIcd experiment Of com
pete negro enfranchscmsnt and white dsfranchsement
III may be almost compstsL or sstsn indsfniey to As
rgS 9 mdtlai lou, wthouS nagte attribute of freessS
deprived n al Ae sacved guarantees Of our derui c'ifa-
ton and threatened with even worss wrongs seems 70
me their condition the most deplorable 70 which any
people be reduced. h true that they have been
engaged IN rebellion, and that In their attempt TO bring
about separation Of the States and dissolution Of the
Union there an obligation resting upon every loyal
citizen treat them enemies and 70 wage against
their cause Inncxibly opposed 70 any movement im-
periIling the integrity OF the government did not hes
tate 70 urge the adoption cf al meassrss neces'l
sary for The suppression Of the insufrec.S
ton After long and terrible struggle the efforts Of