Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-02-25
b within the Jurisdiction Of the


ates, shall endorse upon the petition for
such writ that he believes the BrieadicY or
his subordinate has "wrongfully" arrested
the person held Those who know what
military subordiuation is, will appreciate
the chances for getting writ. So much for
criminal practice and Jurisprudence.
But the civil aide of the court Is even
worse, II possible. There is not even .
military commission to try the oauscs.-
What is done is left purely and absolutely
IN the commandants discretion. lie is not
bound to report his decisions TO any one,
but may cit, ~ Saint Louis, Of France, used
TO, uader tree BY the readside, ana ADJ
minister primitive justice to whoever comes
with or without ''mensy o. price," The
whole psopssty q State viii be q bis dis.
erection, and II be becomes rich, be may say,
- Wasrsa 1Aseines did Of HE wealth
anasssd 10 India, that he II amazed that he
did mot become richer, since Ill the treas
ures Of the country were at his feet. Isis
useless 70 cay that Il 10 not anticipated that
local tribunals will BE- entirely set aside
when the military Office 10 fully and in cx-
plicit terms authorized to set them oil aside
and their authority, even il they are per.
mittsd TO exist, 10 fatally attacked when
they ere declared 10 be parts ola pretend
ed" government.
The utmost protection, then. for life, is
the discretion Of the Brigadier; the utmost
protection Of property ie the discretion OF
any boy, with the commission Of Second
Lieutenant, why may be sent with squad
of men into any country; for
the approval Of the commandant Of
the district is all that is necessary
for tho infection Of capital punishment
under the fifth section, and no approval or
restricting whatever is required in civil
cases. In estimating the probable useful.
ness Of any effort to appeal either to the
President or General Grant, or to any tri>
eunal OF body whatever. We must not forget
that the terrors Of . military commission
are before the eyes Of any one who may
make such effort. and the attempt itself
may be made crime foe which he mus,
suffer. The bill says 'cruel and unusual
punishucnts' shall not be inflicted, as il
that would protect any one without dcfini
ton Of what shall be regarded a. cruel OF
unusual for . military commission, or pro,
viding for some appeal which the accused
Hsy not make in vain. The gMiiiotines 81
France did not drip With blood because the
acts passed by tie National Assembly ~ere
cruel in their terms. but Decanse they estab.
hshed irresponsible Aribunais With unlimited
pewevs; but none, not even the Commit ee
u Puolic Safety, was 80 irresponsible or SO
powerful - this dictatorship which ws pro.
pose TO Install over one.th.rd Of the Ameri.
| can nation.
II no considerations Of general Justice will
make Congress- pause, one thing, at least,
should make them careful. If this domestic
pow,r is to be in the President hands, and
II he Is what they believe him. the sharp edge
Of the sword may be turned toward the loyal
men Of the South, instead Of the rebels for
whom Il Was drawn.
We are told that other legislation will fol-
low, which may correct the evils of this. -
| Such n statement is the utter condemnation
Of the measure. We can wait till the avs.
TEN is complete before taking the parts, and
no correction short Of defeating the bill
ought to satisfy any honest mind. This is
either inter dcd for law 10 bs put in force
according to its terms or it is not. II il ia
| we have said less than the truth Of il: If il
is not we are insulting the world and dis
honoring all republican,sm by passing it -
| u the virtue of our army should save us
from the evil that might come Of ii, it will
only remain rs a precedent which may be
used against us ut no distant day when n
less trustworthy party is in power, aud a
less virtuous army holds the sword.
Ii it is not, AMI We trust it Is not, too late
to reason On this momentous subject, we
would besecch Congress to consider no,
alone The pcrilous tendencies of the meas
4. Al. 4. -. "a.
probable hopeless incfiiciency. Naturally
under n republican system, laws must
daapt themselves to the character Of a peo-
pie. We cannot suddenly change the
character Of .nc Southern people 10y
laws. Congress may enact the protection
Of negroes and loyal whites in the South,
but that will not stay the knife and pistol
OF the assassin. We must at least depend
upon the local governments Of the South
TO keep order and save society A military
garrison in every township can not do it
and, more than that, we can not afford 10
cover half the continent with an army OF
occupation. II We pursue in the South the
Austrian policy, in Venetia, every Southern
province will be q weakness to US. and all
the battlcnen's Of tho Quadrilatoral would
not save our false system, from ultimate and
deserved detection
The President, unless ialschood is extra
ordinarily rife in Washington. is wiling Il
meet Congress half way in The work ct re-
construction. He is prepared 10 60 operate
with Congress in demonstrating upon III,
basis Of tho constitutional amendment
which is The platform upon which the pee.
pie itrod when his policy was overthrow
last summer His acauicscencc in defeat NJ
this hour may not be graceful, but it GER
,ainly IS material and Congress is crazy i
1t does not accept promptly aud heartily hi
overture to cooperate upon a fair and sold
basis for the paciication Of the country