The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-03-07
much blood and expended so much


divided into five districts. For each
district an officer of the army, not be-
low the rank of brigadier-general, is to
be appointed to rule over the people ;
and he is to he supported with an eff
cicnt military force to enable him to
perform III; ,uties and enforce his au-
thority. Those duties and that author
ity, defined by the third section Of the
bill, are 80 protect all persons in their
rights of person and property, to sup
press instruction, 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 an alb
solute monarch. His mere will is to
take the place of al law. The law of
the States is now the only rule applica-
BILE to the subjects placed under his con-
troll, and that is completely displaced
by the clause which declares all inter
ference of State authority to be null
and void He alone is permitted to de-
termine what are rights of person or
property, and he may protect them in
such way as in his discretion may seem
pIopor. 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 he pleases. Be
ing 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
reserve the privilege of acting upon the
impulse Of his private passions in each
case that arises. He is bound by no
rules of evidence there is, indeed, no
provision by which he is authorized or
required to take any evidence at all.
Everything is q crime which he choos-
es to call so, and all persons are con-
DENIED whom he pronounces to be gull
ty. He is not bound t. keep any rec
ord, or make any report of his proceed
ings. He may arrest his victims where
ever he finds them without warrant,
accusation or proof of probable cause.
II lie gives them a trial before he inhicts
the punishment he gives it of his grace
and mercy, not because he is command
ed so to do.
To casual reader Of the bill, it might
seem that some kind of trial was secur-
ed by it to persons 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 shall do so. IF any
State or Federal court presumes to eX-
ercise its legal jurisdiction by The trial
of malefactor without his special per-
ho l. iel,
the judges and jurors as being them.
selves malefactors. Tie can save his
friends from justice and despoil his enc
mics contrary so justice.
1t is also provided that she shall
have poTer to organize military COM
missions or tribunals - but this power
he is not commanded to exercise. It is
merely permissiye, and is to be used
only d" 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 pun
ishment ola party, it would be scarce
ly the slightest check upon the officer,
who has authority to organize it as he
pleases, prescribe its mode of proceed
ing, appoint its members from among
his own subordinates, and revise all its
decisions. Instead of mitigating the
harshness of his single rule, such a tri-
bunal would be used much more proba-
bly, to divide the responsibility of max
ing it more cruel and unjust.
Several provisions, dictated by the
humanity Of Congress, have been insert
ed in the bill, apparently to restrain the
power Of the commanding officer; but
it seems to me that they are ofno avail
for that purpose. The fourth section
proyides-EIrst. That trials shall not
be unnecessarily delayed but l think
I 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 inflicted but who is TO de
eide what is cruel and what is unusual ?
The words have acquired a legal mean
ing by long use in the courts. Can it
be expected that military officers will
understand OF follow rule expressed
in language SO purely technical, and
not pertaining in the least degree to
their profession If not, then each Off
Ger may define cruelty according to his
Wv IL lCinpSi, dnt IL III Is uOG usual, ne
will make it usual. Corporal punish
ment, imprisonment, the gag, the ball
and chain, and the almost insupportable
forms of torture invented for military
punishment, lie within the range Of
choice. Third. The sentence of
commission is not to be executed with
out being approved by the commander,
if it affects life or liberty: and SEN
tence of death must be approved by the
President. This applies to cases in
which there has been a trial and sem
tenee: take it to be clear, under 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 NAV
depend upon the will of two men, in
stead ofone.
1t is plain that the authority here
given to the military officer amounts to
absolute despotism.-But, to make it
still more uncomfortable, the bill provides
that it may be delegated to as many
subordinates as he chooses to appoint
for it declares that he shall {" punish or
cause to be punished"
Such power has not been welded by any
monarch in England for more than five hun
Ir, a11 1o44