The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-03-05

. cation by the vote; fifth, the submission
of the State Constitution to Congress
for examination and actual approval OF
it by that body; sixth, the adoption OF
} certain amendment to the Federal
, Constitution by vote of the Legisla-
, ture elected under the new,constitution;
seventh, the adoption of the said
amendment by q sufficient number OF
the other States to make it part OF the
Constitution of the United States. All
these conditions must be fulfilled before
the people of these States can be re-
Hieved from the bondage Of military
domination; but when they are fulfil
led, then the pains and penalties of the
bill are Ito cease, no matter whether
there be peace or order or not, without
reference to the security of life and
: property. ,.
The excuse given for the billin the pre-
J amble is admitted by the bill itself not
to be real. The military rule which 1T
establishes is plainly to be used, not
for any purpose of order and for the
prevention of crime, but solely as n
means of coercing the people into the
adoption of principles aud measures to
which it is known they are opposed.
and upon which they have an undenia-
BILE right to exercise their own judg-
iment.
II MILITARY DISTRICTS.
4 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 brigadier-general is to be
appointed to rule over the people, and
he is to be supported with sufficient
military forces to enable him to perform
his duties.
POWER oFTHE COMMANDER.
The power thus given to the COM
manding officer over all people of each
State is that of an absolute monarch;
his mere will is to take the place of all
law. He alone is permitted to deter
mine what are rights of person and prop
erty. 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 he may dis
tribute, without let or hindrance, to
whom he pleases, being bound by no
State law, and there being no other to
regulate the subject. He may make a
criminal code of his own, and he can
make it as bloody as any recorded In
history; or he can reserve the privilege
of acting on the impulse of his private
passions in each case that arises. He
is bound by no rule of evidence; there Is
indeed no provision by which he is au-
thorized or required to take evidence Mt
all. Everything is crime which he
chooses to call so; and all persons are
condemned whom hSpronounces guilty.
He is not bound to make any report or
keep any record of his proceedings. He
may arrest his victim wherever he may
find him, without warrant, accusation
or proof of probable cause. If he gives
him trial before he inflicts the pun
ishment, he gives of his grace and mer-
cy-not because he is commanded so to
do.
To the casual reader of the bill, 1T
might seem that some trial was secured
to persons accused of crime, but such is
not the case. The officers may get local
civil tribunals to try offenders, but OF
course this does not require he shall do
| so.
Any State or Federal Court he can
break up, and punish the judges ana
jurors.
| FURTHER PRONlSiONS.
1t is further provided that the COM
manding officer may organize military
commissions to conduct trials, but the
provision is not imperative, and If 1t
were, such tribunals, instead of mitiga-
ting the harshness of his singlS rule,
would be probably used to diyMe the
responsibility of making it more cruel
and unjust. The provision that trials
shall not be unnecessarily delayed is
practically imperative, because the
power is given to punish without any
trial at all. Cruel or unusual punish
ments are not to be inflicted, but with
none but the officer himself to decide
what is forbidde1 corporeal punish
ments and every form Of torture in
vented for military discipline will be
within the range of his choice.
When there has been trial, SEN
tence affecting liberty must be endorsed
by the commander, and if it involve
the death penalty it must be approved
by the President, but it follows that
without the tiial, for which there Is
no imperative requirement, the military
commander alone may condemn to death
THE BILL ESTABLISHES A DEsPcTIsM.
The authority given by this bill
amounts to absolute despOtism, des-
potism all the more uncomfortable, in
that it may be delegated to subOrdi-
mates. In Eve hundred years no En-
gl:sh monarch has welded such power,
and no people speaking the English
language have endured such servitude.
If it be said that our officers are
toolhumane, to use their power for the
purpose of oppression, it Elay be an
swered that the history Of the world
has been written in vain, lift does not
teach that unrestrained authority can
never be safely trusted in human hands.
Governments similar to those now
| DrODOSeu nave DcCH ~
Hungary and Poland, and the French
Convention established q like system
over the southern departments OF the
Republic. The massacres, murders, and
other atrocities which they committed
only show what the passions of the
ablest meIi in civilized society will al
tempt when unrestrained by law. Be
tween an irresponsible master and a
subjugated people there can be nothing
but enmity. He Furnishes them If they
resist his authority, and if they submit
he hates them for their servility.
!. CAN THE MEASURE DE EXECUTED!
Certainly not, if we derive our au-
thority from the Constitution, and are
bound by its limitations. No branch
of the Federal Government can have
} any just powers save such as it derives
from the organic law. Outside of the
Constitution we have no legal authori,
W. h~ro nm -; obt To lo in one