Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-03-23


are divided into five districts, Fo
each district IN officer of the army
not below the rank of brigadicr
general, is to be appointed to rul
over the people; and he is to b
supported with an efficient militar,
force to enable him to perform hi
duties and enforce his authority
Those duties and that authority, n
defined by the third section Of tn
bill, are "to protect all persons il
their rights ofperson and property
to suppress insurrcction, disorde
and violence, and to punish or caus,
TO he punished, all disturbcrs Of tn,
public peace or criminals" Th,
power thus given TO the command
ing officer over all the people ofeacl
district is that Of an absolute mon
drch. His mere will is to take til,
place of all law. The law of States
is now the only rule applicable t
the subjects placed under his con
troll, and that is completely displac
ed by the clause which declares al
interference of State authority to bt
null and void. He alone is permit
ted to determine what are rights o,
person or property, and he may pro
tect them in such way as in his dis
cretion 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 him
drance to whom he pleascs. Being
bound by no State law, and there
being no other law to regulate the
subject, he may make criminal
code of his own; and he can make
it rs bloody as any recorded in his
tory, 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 pro
vision 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 persons
arc condemned whom he pronounces
to be guilty. He is not bound to
keep any record, or mako any re-
port of his proceedings. He may
arrest his victims 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
commanded 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 "may allow local civil
tribunals to try offenders" but of
course this does not require that he
shall do so. If any State or Fede-
raj court presumes to exercise its le-
gal jurisdiction by the trial of a
without his special per-
he can break it up and
punish the judges and jurors as be-
ng themselves malefactors. He can
save his friends from justice and de-
spoil his enemies contrary to justice.
1t also provides that che shall
nave power to organize military
or tribunals :" but this
power he is not commanded to eX-
,rcise. 1t is merely permissive, and
IS to be used only "when in his ludg-
ncnt, it may be necessary for the
rial of offenders" Even if the SEN
.ence 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 it as he
prescribe its mode Of pro-
,eeding, appoint its members from
lmong his own subordinates, and
'evise all its decisions. Instead Of
mitigating the harshnoss of his sin
gle rule, such tribunal would be
lsed much more probably to divide
he responsibility of making 1t more
.ruel and unjust,
Several provisions, dictated by
he humanity of Congress, have been
Inserted in the bill, apparently to
estrain the power of the command
ng officer; but it seems to me that
hey are of no avail for that pur-
,ose. The fourth sertion provides
First. That trials shall not be un-
cccssarily delayed; but / think l
ave shown that the power is given
o punish without trial, and if so,
his provision is practically inope-
ative. Second. Cruel or unusual
punishment is not to be inflicted ; |
ut who is TO decide what is cruel
nd what is unusual? The words
ave acquired a legal meaning by |
ong use in the courts. Can it be |
expected that military officers will
nderstand or follow a rule express
ed in language SO purely technical
nd not pertaining in the least de-
rec to their profession2 If not,
ben each officer may define cruelty |
ccordiDg to his own temper, and if |
is not usual, he will make it us
al. Corporeal punishment, i'm
risonment, the gag, the ball and
hahn, and the almost insupportable 1
,rms of torture invented for mill |
lry punishment, lie within the /
ange Of choice. Third. The sen
snce of commission is not 10 be .
xecutcd without being approved by /
he commander, if it affects life or
beI-ty; and a sentence Of death /
lust be approved by the President.
his applies to cases in which there .
as been a trial and sentence. / take 4
to be clear, under this bill, that I
ie military commander may con-
emn 10 death without even the /
,rm Of a trial bv a military COM
lissiOn. 50 that the life Of the con-
cmned may depend upon the viii
two men instead Of one.