The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-03-05

them trial before he infiicts the pun
ishment, he gives OF his own grace and
mercy-not be cause he Is commanded
SO to do.
To casual reader of the bill. ii
might seem that some kind of trial was
secured to persons accused of crime,
I but such Is not the case, The officers
may get local civil tribunals to try Of
tenders, but of course this does not re-
qutre he shall do sol IF any State or
Federal Court presumes to exercise its
I legal jurisdiction by trial of a malefac-
tor without his special permission, he
can break it up and punish the judges
! and jurors as being themselves male
factors. he can save his friends from
Justice, and despoil his enemies contra
I ry to Justice.
at is also provided that he shall have
power to organize military commits
slonS or tribunals, but this power is
not commanded to do il, but il is mere
l ~ permiSSiye, and Is TO be used only
when in his judgment it may be neces-
] sary for the trial of Offenders Even il
| the sentence of u commission were
made prerequisite to the punishment
OF party it would be scarcely the
slightest restraint upon the officer who
I has authority to organize il as he pleas
es, prescribe its mode of proceeding,
appoint its members from his own sub
Ordinates, and revise all IFS decisions
his single rule, such tribunal would
be used much more probably TO divide
the responsibility of making it more
cruel or unjust Several provisions
dictated by the humanity of Congress
have been inserted in the bill, appa-
rently to restrain the power ofthe com
mandiug officer, but seems to me that
they are OF no avail for that purpose"
The fourth section provides, first,
that trials shall not be unnecessarily
delayed; bat think I have shown that
the power is given to punish without
trial, and if so, this provision is practi-
caiiy imperative. Cruel or unusual
punishments are not to be inflicted but
who Is to decide what is cruel or uuu-
sualr The words have acquired a legal
meaning by long use in the courts.
Can II be expected that military officer
will understand it, and follow a rule in
language so purely technical and not
pertaining in the least degree to their
profession2 If not, then such officers
may define cruelty according TO his
own temper, and If not usual he will
makeib usual. Corporal punishment
the gag, the ball and chain, and other
almost insupportable forms of torture
invented for military punishment, will
be within the range of his choice.
Third, the sentence Of a commission Is
not to be executed without approval by
the commander, If il affects the life or
be approved by the President. This
applies to cases in which there has been
a trial and sentence. / take il to be
clear under the bill that the military
commander may condemn to death
without even the form of trial by
military commission, SO that tine life of
the condemned may depend on the
viii OF two men instead OF one.
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 pro-
vides that it may be delegated to as
many SubordinateS as he chooses to ap-
point, for it declares that he shall
punish or cause to be punished. Such
a power has not been welded by a
monarch in England for more than i've
hundred years In all that time no
people iIo speak the English language
have borne such servitude. It 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 de-
grading slavery. No master ever had
a control so absolute over his slaves as
this bill gives to military officers over
both white and colored persons.
1t may be answered 10 this, that Of
hcers of the army are too magnani-
nous, just and humane TO oppIess and
trample upon a subjugated people. I
do not doubt that army officers are as
well eAtitled to this confidence as any
the world has been written in vain, if
it does not teach us that unrestrained
authority can never be safely trusted in
human hands. 1t is almost sure to be
more or less abused under any circum-
stances, and it has always resulted in
gross tyranny, where rulers who are
strangers to their subjects, and come
among them as representatives of
distant power, and more especially
when the power that sends them is un-
semb bling that here proposed have been
fully tried in Hungary and Poland,
and the suffering endured by those peo-
pie reused the sympathies of the entire
world. It was tried in Ireland, and
though first tempered by principles of
English law, 1t gave birth to cruelties
so atrociouS that they are never re-
counted without just indignation. The
French Convention armed its deputies
with his power, and sent them to the
Southern departments of the Republic.
The masSacres, murders and other
what the passions OF the ablest men in
the most civilized society will attempt
10 de when wholly unrestrained by
law. The men of our race in every
age have struggled TO tie up the hands
of their Governments and keep them
ence of all mankind taught them that
rulers could not be relied on to coucede
those rights which they We're not legal
ly bound to respect. The head of
great empire has sometimes governed
with mild and paternal sway, but the
kindness of an irresponsible power
never yields what law does not extort-
Between such a master and people,
subjugated to his domination, there
can be nothing bat eumity. He pun
ishes them if they resist his authority,
and if they submit he hates them for
their servility.
come now to question which Is, If
possible, still more Important Have
we the power to establish and carry
into execution a measure like this?
I answer, certainly not, If we derive
our authority from the constitution,
and If we are bound by the limitations
perfectly clear, that no branch OF the
Federal Government, Executive, Leg
islative or Judicial, can have any just
powers except those which it derives
through, and exercises under the or
ganic law of the Union. Outside of the
constitution We have no legal authority
more than private citizens, and within
Z il We have only so much as that instru-
ment gives US. This broad principle
limits all our functions, and applies to
all subjects. 1t protects not only the
I citizens of the United States which are
within the Union, but shields every
I human being who comes or is brought
under our jurisdiction. We have no
right to do more in one place than in
another, that which the Constitution
says we shall not do at all II, therefore,
Ethe Southern States were in truth out
of the Union, We could not treat their
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