The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-03-13


protect them in such way Us in his discre-
ton may seem proper. 1t places at his
free disposal all the lands and goods in his
district, and he may distribute them with
out let or hindrance to whom he pleascs.
Being bound by no State law, and there
being no other law to regulate the sub
iect, he may make criminal code OF his
own; and he can make it as bloody as
any recorded in history, or he can re-
serve the privilege of acting upon the
impulse of. his private passions IN cach
case that arises. Hc 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 pSrsons are condemned whom he pro
nounccs TO be guilty. lie is not bound to
keep any record, or make any report Of
his proceedings. lie may arrest his VIC
Tins wherever he finds them, without
warrant, accusation or proof of probable
cause. If he gives them trial before he
inficts the punishment, he gives it of his
grace and mercy, not because he is COM
manded 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; but
such is not the case. The officer s'may
allow local civil tribunals to try often
ders," but, of course, this does notrequire
that he shall do so. If any State or Fed
eral court presunes to exercise its legal
jurisdiction by the trial Of malefactor
without his special permission, he can
break it up, and punish the judges and
| Jurors as being themselves malefactors.
/ He can save his friends from justice, and
despoil his enemies contrary to justice.
Itis also provided that "he 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 rwhen,
| in his Judgment, it may be necessary for
the trial Of offenders" Even if the sen
tence of commission were made q pre-
requisite to the punishment of a party,
it would be scarcely the slightest check
upon the officer, who has authority to
organize it as he pleascs, prescribe its
mode of proceeding, appoint its members
from among his own subordinates, and
revise all its decisions. Instead of miti-
eating the harshness Of his single rule,
such tribunal would be used much more
probably to divide the responsibility of
making it 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 arc of no avail for
that purpose. The fourth section pro-
vides First. That trials shall not be un-
necessarily delayed; but think have
shown that the power is given to punish
without trial, and, if SO, this provision is
practically imperative. Second. Cruel
or unusual punishment is not to be infic
ted but who is to decide what is cruel
and what is unusual? The words have
acquired a legal meaning by long use in
the courts. Can it be expected that mill
tary officers will understand or follow a
rule expressed in language so purely
technical, and not pertaining in the least
degree to their profession? If not, then
each officer may define cruelty according
to his own temper, and if it is not usual,
he will make it usual. Corporcal punish
ment, Imprisonment, the gag, the ball and
chain, and the almostinsupportablc forms
Ct torture invented for military punish
ment, lie within the range of choice.
Third. The sentence of commission is
not to be executed without being approv-
ed by the commander, if it affects life or
liberty; and q sentence of death must be
approved by the President. This applies
to cases in which there has been q trial
and sentence take it to be clear, un-
der this bill, that the military commander
may condemn to death without even the
form of trial by military commission.
so that the life of the condemned may de-
pend upon the will of two men instead OF
one.
1t is plain that the authority here Civ
en- to the military officer amounts to alb
solutc dcspotism. But, to make it still
moro uncomfortable, tho bill provides that
it may be delegated to as many subordi-
mates as he chooses to appoint; for it
declares that he shall 'punish or cause 10
be punished" Such a power has not
been welded by any monarch in England
for moro than five hundred years. In all
that time, no people who speak tie Eng
lish Language have borne such scrvitudo.
1t reduces the whole population of the
ten States-all persons, of every color,
sex and condition, and every stranger
within their limits-to the most abject
and degrading slavery. No master ever
had control so absolute over his slaves
as this bill gives to tho military officers
over both white and colorcd persons.
1t may be answered to this that the
officers of the army are too magnani-
nous, just and humane to oppress and
tramplc upon asubjugatcd people. | do
not doubt that army officers are as we'll