North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1867-03-13


enable him to perform his duties and en-
force his authority.
Those duties and that authority, as de-
fined by the third section of the bill, are to
protect all persous in their rights of per-
son and property to suppress insurrection
disorder, and violence and to punish, or
cause to b. punished. all disturbers OF the
public peace or criminals. The power thus
given to the commsding 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 10 now
the only rule applicable to the subjects plac-
ed under bis coutrol, land that Is completely
displaced by the clause which declares all
Interference of the State authority to be
null and void He alone is permitted to
determine what are the rights of persons
or property, and he may protect them IN
such way as in his discretion may seem
properly. 1t places at his free disposal all
the lands and goods in his district, and he
may distribute them without let or hin
drance, to whom he pleases. Being
bound by no State law, and there being 70
other law to regulate the subject, he may
make criminal code of his own, and he
can make 1t a. bloody as any recorded in
history. or he can reserve the privilege of
acting upon the impulse of his private pas
sions in each case that arises. He is bound
bv no rules of evidence there is indeed,
no provision by which he is authorized or
required to take evidence at all. Every
thug il a crime which he chooses N call
so, and all persons are condemned whom
he pronounces to be guilty. He is not
bound to make any report or keep any
record of his proceedings. He may ar
rest his victims wherever be finds them
without warrant. accusation, or proof of
probable cause. If he gives them trial
before he inficts the punishment he gives
it of bis grace and mercy, not because he
is commanded so to do. To casual read
er of the bill, it might seem that some kind
of trial was secured by it to persons ac-
cus,d of crime but such is not the case.
The officer may allow local, civil tribunals
to try offenders bnt of course this does
not require that he shall do so. If any
State or Federal Court presumes to exer-
else its legal jurisdiction by the trial OF a
malcfactor without his special permission,
he can break it up, and punish the Judges
and Jurors AS being themselves malcfActors.
He Can save bis friends from justice and
despoi his enemies contrary to justice. 1t
is also provided that he shall have power
to organize military commissions or trlbu-
mails, but tins power he is not commanded
to exercise Ii 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 sentence Of a commission were
made prerequisite to the punishment OF
a party, it wonId be scarcely the slightest
check upon the officer, who has authority
to organize it as he pleases, prescrib It's
mode of proceeding, appoint its members
from among his own subordinates, and re-
wise all Its decisions. Instead of mitigating
the harshness of his single rule, such a
tribunal would be used much more proba-
bly, to divide the responsibility of making
1t more cruel and unjust.
Several provisions dictated by the hu-
manity of Congress have been inserted in
the bill, apparently to restrain the power of
the commanding officer; but it seems to
me that they are of no avail for that Pur-
pose.
The fourth section provides-First, that
trial shall not be unnecessarily delayed /:
but | think have shown that the power
is given to punish without trial, ani if so,
this provision is practically imperative, -
Second. Cruel or unjust punishments are
not to be inflicted; but who is to decide
what is cruel aud what unusual? The
words have acquired legal meaning by
long use in the courts. Can't be expected
that military officers will understand or
follow rule expressed in language SO
purely technical and not pertaining in the
least degree to their profession. 1t not,
; then each officer may define cruelty &C
cording to his own temper; and if not
usual, he will make it usual. Corporal
punishment, the gag, the ball and chain,
and the other almost insupportable forms
of torture invented fos military punish
ment, are within the range of choice
Third. The sentence ola commission is
to be executed without being approved by
the commander. if it affects life or liberty,
and a sentence of death must be ap-
proved by the President This applies to
cases il which there has been trial and
sentence. l take it to be clear under the
bill that the military commander may con-
denim 10 death, without even the form of a
trial, by military commission so that
the life ofthe 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 absolute des
potis.n. But to make 1t still more unen-
durable, the bill provides that it may be
delegated to as many subordinates as he
chooses to appoint; for it declares that ne
shall punish or cause to be punished.
Such power has not been welded by any
monarch in England for more than FIVE
hundred years. In all that time, no Peo-
| Ma xybo snoak the English lanuuaOe have