The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-03-06

OF q certain amendment to the Fede-
raj Constitution by I; vote Of the Lee
Slslature elected under the new Con-
stltutlon. Seventh, the adoption of
sald amendm at by 4 sufficient num-
Der OF other States to make it Il part
OF the Constitution of the United
States All these conditions must be
fulfilled before the people Of any of
these States can be relieved from the
bondage OF military domination; but
when they are fulfilled, then immc-
ulately The pains and penalties of the
Dill are to cease, no matter whether
there be peace and order or not, and
without any reference to the security
OF HE or property. The excuse
given for the bill in the preamble is
admitted by the bill itself not to be
real. The military rule which it es-
tablishes is plainly to be uscd-not
for any purpose of order or for the
prevention OF crime, but solely as Il
means Of coercing the people into the
adoption OF principles and measures
to which 1t is known that they are
opposed. and upon which they have
an undeniable right to exercise their
own Judgment.
/ submit to Congress whether this
measure is not, in its whole charac-
fer, scope and object, without prece-
dent and without authority, in palpa-
bic conflict with the plainest
provisions of the Constitutions and
utterly destructive to those great
principles of liberty and humanity
for which our ancestors on both sides
of the Atlantic have shed so much
blood and expended so much trea-
sure
The ten States named in the bill
are divided into five districts. For
each district, an officer of the army,
not below the rank OF hrigadier-
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 enforce his authority. Those
duties and that authority, us defined
by the third section of the bill, are to
''Nrotect all persons in their rights Of
person and property, to suppress in-
surrection, disorder and violence, and
to punish or cause to be punished all
disturbers Of the public peace, or cri-
minals." The power thus given to
the commanding officer over all the
people of each district is that OF an
absolute monarch. His mere will is
to take the place of all law. The law
OF the States is now the only rule ap-
plicablc to the subjects placed under
his control, and that is completely
displaced by the clause which declares
all interference Of State authority to
be null and void. He alone is per-
mitted 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 ut his free disposal all Tie
lands and goods in his district, and
he may distribute them without let or
hindrance to whom he plcases. Be
ing bound by no State law, and there
being no other law to regulate the
subject, he may make u criminal code
of his own; and he can make it as
bloody rs any recorded in history, or
he can reserve the privilege of acting
upon the impulse of his private pas
slons in each case that arises. He is
bound by no rule Of evidence; there
IS, indeed, no provision by which he
is authorized or required to take any
evidence at all. Everything is a
crime which he chooses to call so,
and all persons are condemned whom
he pronounces to be guilty He is
not bound to keep any record, or
make aOV rcDOrt of his DrOcpa1ipOc
He may arrest his victims wherever
he finds them, without warrant, accu-
sation or proof OF probable cause.
If he gives them trial before he in
fiicts the punishment, he gives it of
his grace and mercy, not because he
is commanded SO to do.
To casual reader of the bill, it
might seem that some kind of trial
was secured by it to persons accused
OF crime; b"i Such is not the case.
The officer may allow local civil
tribunals TO try offenders" but, of
course. this does not require that he
shall do so. Ii any State or Federal
court presumes to exercise its legal
jurisdiction by the trial Of malcfac-
tor without his special permission, he
can break it up, and punish the
Judges and jurors as being them
selves malefactors. He can save his
friends from Justice, aud despoil his
enemies contrary to justice.
1t is also provided that che shall
have power to organize military com
missions or tribunals;'' but this
/ l., 1oI +D