The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-03-12

seem proper.
1t places at his free disposal all the {
lands and goods in his district, and he
may distribute them without let or him
derance to whom he pleases, being bound
by no State law, and there being no other /
law to regulate the subject.
He may make a criminal code Of his
own, aud he can make it as bloody as any
recorded in history, or he car, reserve the
privilege of acting upon the impulse oe
his private passions, in each case that
arises. He is bound by no rules of evi-
dence. There is indeed no provision by
which he is authorized or required to
take evidence at all. Everything is a
crime which he chooses to call so, and
all persons are condemned whom he pro-
nounces guilty. Heis not bound to make
any report or keep any record OF his
proceedings. He may arrest his victim
wherever he may find him, without war
rant, accusation or proof of probable
cause If he gives him trial before he
inficts the punishment, he gives of his
grace aud 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
to persons accused of crime, but such is
not the case. The officer may permit
local civil tribunals to try offenders, but
Of course this does not require he shall
do so. Ifany State or Federal court pre-
sumes to exercise its legal jurisdiction by
the trial of o. malefactor, without his
speeial.permission, he can break 1t up
and punish the judges and jurors as being
themselves malefactors. He can save his
friends from justice and despeil his ene-
mics, contrary to justice.
4 1t is also provided that be shall have
power to organize military commissions
or tribunals, but this power is not COM
manded; to do it is merely permissive,
!, and is to be used only when, in his Judg-
} ment, it may be necessary for the trial of
offenders. Even if the sentence Of a
: commission were made prerequisite to
the punishment of party, it would be
!. scarcely the slightest check upon the
officer, who has authority to organize ii
3 as he pleases, to prescribe its mode oi
f proceedings, appoint it's members from
e his own subordinates, and revise all its
: decision. Instead of mitigating the
: harshness Of his single rule, such tri
: bunal would be used much more proba
t bly, to divide the responsibility of making
e it more cruel or unjust. II
: Several provisions, dictated by the hu
t manity of Congress, have been insertel
n in the bill apparently to restrain the pow
If er Of the commanding officer, but it seem
it to me that they are of no avail for tha
e purpose. The fourth, section provides
I'll First, that trials shall not be unnecessari
,t1ly delayed But think have show
i that the power is given to punish with
ir out triaL and if so, this proposition
g practically imperative. Cruel or unusu
y al punishments are not to be inflicted
r but who is to decide what is cruel an
,e unusual? The words, have acquired
y legal meaning by long use in the courts
es Can it be expected that military vncel
will understand it, and follow a rule
W language so purely technical, and nj
of pertaining in the least degree to the
b. profession? If not, then such officer ma
he define cruelty according to his own ten
te per; and if not usual, he will make
We usual. Corporeal punishment, the ga
the ball and chain, and other almost i
te suportable forms Of torture, invented II
e. military punishment, will be within Il
range of choice.
u The sentence of commission is n
to be executed without approval by Il
d. commander, if it affects life or Hbert
re and a sentence of death must be appro
he ed by the President This applies
be cases in which there has been trial al
sentence. l take it to be clear under
on bill, that the military commander m
ite con denim to death, without even the fol
at of trial by military commission
that the life Of the condemned may .
m pend upon the will of two men instead
nd one.
1t is plain that the authority here g
la- en- to the military officer amounts to
!, a solute despotism; but to make it 81
'he more uncomfortable, the bill provides Il
, it may be delegated to as many subor'
snt mates as he chooses to appoint, for it
IS clares he shall "punish or cause to
OF punished Such power has not be
=, welded by a monarch, in England
led more than five hundred years; in all 7
ties tel time, no people who speak the Engl
NIL language have borne such servitude.
ul- reduces the whole population of the
the States--all persons of every color, :
her and condition, and every stranger wit
md their limits-to the most abject and
lie grading slavery. No master ever ha'
control so absolute over his slaves
the this bill gives to the military officers o
not both white and colored persons.
1t 1t may be answered to this, that
ior officers of the army are too magma
'en, nous, just and humane to oppress !
OF trample upon a subjugated people. |
OF not doubt that the army officers are
IS we'll entitled to- this confidence as,
llch other class of men, but the history of
eise world has been written in vain If 1T
'on- not teach us that unrestrained autho
It's can never be safely trusted in hui
ece- hands. It is almost sure to be NOR
able less abused under any circumstances,
OF it has always resulted in gross tyra
tive where rulers are strangers to their
and jects, and come among them as the rel
on sentativcs of distant power, and II
uch especially when the power that Sc
e. Etbam ;s unfriendly.