Wilmington journal., 1867-03-08
IN the Horse Of Representatices

T0 the House Of Representatives.
Ibave examined the bill 8 to provide for tn
rabel States with the care and anxiety which 1t
transcnndant Importance is calculated to awaken
am unable to give it my assent Tor reasons 81
crave that hope statement of them may hay
S)me influence on the minds OF the patrlotlc anS
enlightened men with Wnom the ueclslou nlusI u
timately rest.
The bill places all the people of the ten State
therein named under the absolute domination o
military rulers : and the preamble undertakes t.
Give the reason upon which the measure is based
and the ground upon which it is justified. 1t de
clares that there exists IN those States no lega
Governments, and no adequate protection for life
or property and asserts the necessity Of enforcing
peace and good order within their limits. ls tnlS
true matter of fact
It is not denied that the States i'll question have
each of them al actual Government, WIN all tne
Iowers executive judicial, and Legislative, which
properly belong to free State. Ihey are organ
jzed like the other States OF the Union, and, ikt
them they make administer, and execute the
laws which concern their domestic affairs. An eX
isting de flctO Government, exercising such func'
tions as these, is itself the law of the State upon
al matters within Its jurisdiction 10 pronounce
the supreme law-making power OF an established
State illegal is to say that law itself is unlawful
The provisions which these Governments have
made for the preservation of order, the suppress
sion of crime, and the redress of private injuries
are in substance and principle the same those
which prevail in the Northern States and III other
civilized countries. They certainly have not sue
Ceeded in preventing the commission of all crime,
nor has this been accomplished anywhere IN the
world. There, well as elsewhere, Offenders
sometimes escape for want Of vigorous prosecu-
ton, and occasionally, perhaps, by the Inettclen-
cy of courts the prejudice of jurors. 1t Is I'M
,Oubtedly true that these evils have been much
. increased and aggravated, North and South, by
The demOraliZing influences OF civil war, and by
he rancorous passions which the contest has ell
rendered. But that these people are maintaining
local Governments for themselves which habitual-
y defeat the object OF all government and render
+lpjr OuDl lives and nrOD0rtV Insecure. Itself
utterly improbable, and the averment OF the bill
70 that effect is not supported by any evidence
which has come to my knowledge. All the infor-
nation have on the subject convlnces mo that
the masses OF the Southern people and those who
control their public acts, while they entertain dl-
verse opinions questions OF Federal pOlIcy, are
completely united i'll the effort to reorganlZe their
society on the basis of peace, and to restore their
mutual prosperity rapidly and as completely as
their circumstances will permit.
The Eisl, however, would seem to show upon it's
g, "a tbo+ fba sbYnent of neace and Good or
der is not its real object. The fifth section de-
rIares that the preceding sections shall cease to
operate In any State where events shall have hap
pened. These events are-tlrst, the selection OF
delegates to a State Convention by an election at
which negroes shall be allowed to vote. Second,
the formation of State Constitution by the Con-
vcntion so chosen. Third the insertion into the
State Constitution Of provision which will secure
the right of voting at all elections to negroes and
TO such white men as may not be dlsfranchlsed for
rebellion or felony. Fourth the submission of the
Constitution for ratification to negroes and white
men not disfranchised, and its actual ratification
10y their vote. Fifth, the submission of the State
Constitution to Congress for examination and APP
prOyal and the actual approval of 1t by that body
Sixth, the adoption of certain amendment to the
Federal Constitution by vote Of the Legislature
elected under the new Constitution. Seventh, the
adoption of said amendment by sufficient num-
ber of other States to make it part of the Con-
stituton of the United States. All these condi-
tons must be fulfilled before the people OF any of
these States can be relieved from the bondage of
h1t TVha FIN
then Immediately the pains and penalties of the
bill are to cease no matter whether there be peace
and order not, and without any reference to the
security Of life property. The excuse given for
the bill in the preamble is admitted by the bill it
self not to be real The military rule which it es-
tablishes is plainly to be used-nOt for any pur-
pose Of order or for the prevention of crime, but
solely as a means of coercing people into the
adoption of principles an1 measures to which it is
known that they opposed, and upon which
they have an undeniable right to exercise their
own Judgment.
| submit to Congress whether this measure is
not, in it's whole character, scope, and object,
without precedent and without authority, in pal
pable conflict with the plalneSt provisions OF the
Constitution and utterly destructive to those great
principles of humanity for which our ancestors
On both sides of the Atlantic have shed so much
blood and expended so much treasure.
The ten States named in the bill are dividedinto
five districts. For each district officer of the
army, not below the rank of brigadier general, is
70 be appointed to rule over the people and he is
10 be supported with efficient military force to
enable him to perform his duties and enforce his
authority. Those duties and that authority, as
defined by the third section OF the bill, $ to
protect all persons i'll their rights of person and
property, to suppress insurrection, disorder and
violence, and to punish or cause to be punished
all disturbers of the public peace or criminals. -
The power thus given to the commanding officer
over all the people of each district is that of
absolute monarch His mere will is to take the
place of all law.
The law Of the State is now the only rule appli-
l,l-
that is completely displaced by the clause which
declares all interference of State authority to be
null and void. He alone is permitted to determine
what are rights of persons or property, and he
may protect them i'll such way as in his discretion
may seem proper. 1t places at his free disposal
all the lands and goods in his district, and he may
distribute them without let or hindrance to whom
lie pleases. Being bound by no State law, and
there being no other law to regulate the subject,
lie may make a criminal code of his own; and he
can make 1T as bloody as any recorded in history;
or he can reserve the privilege of acting upon the
impulse of the private passion in each case that
arises. He is bound by rules of evidence; there
IS indeed no provision by which he is authorized
or required to take any evidence at all. Every
thing 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 ret ord
or make any report of bis proceedings. He may
arrest his victims wherever he finds them, with
out warrant, accusation, or proof of probable
cause. If nc gives them a trial before he inficts
the punishment, he gives it of his grace and mcr-
cy, 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 per-
sons accused of crime; but such is not the CASE
The officer may allow local civil tribunals to try
Offenders, but of course this does not require that
he should do If any State OF Federal Court
presumes to exercise its legal jurisdiction by the
trial of maefactOr without his special permission
he can break it up, and punish the judges and iu-
r0rs as being themselves malefactors. He can
save his friends from justice, and despoi his ene-
mics contrary to Justice.
1t Is also provided that he shall have power to
organize military commissions or tribunals - but
tins power he Is not commanded to exercise. 1t
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 q commits
sion were made prerequisite to the punishment
Of party, it would be scarcely the slightest check
upon the officer, who has authority to organize it
as he pleases prescribe its mode of proceeding
appoint its members from among his own subor-
dlnates, and revise all its decisions. Instead of
mitigating the harshness of his single rule, such
Il tribunal would be used much more probably to
divide the responsibility of making it more cruel
and unjust.
Several provisions, dictated by the humanity of
Congress have been inserted in the BILL apparent
y to restrain the power of the commanding officer;
but 1t seems to me that they of avail for that
purpose. The fourth section prOvides-Fu'St. That
TRIALS shall not be unnecessarily delayed: but l
think have shown that the power is given to pun
lsh without trial, and if so, this provision
Is practically imperative Second. Cruel
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