Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1867-03-07

gives il of his grace aud mercy, not because lie
is commanded so to do.
To casual reader Of the bill it might seem
that some kind of trial was secured by u 10 per-
sons accused of crime; but such is not the case
! The officer NAV allow local civil tribunals 10
trvolTepders " but of course thiSd does notrequlre
tbst be shall do so. If any State or re ierai
co,,rt oresp,nes TO exercise It's legal N Isdictioa
nv The ,~;al of . indicator without his SPECIAL
permi s,ion ne can break it mp. and punish the
;udre. and nrors as being themselves maltfic-
mrs He can save his friends from justice, ana
despoil his enemies contrary 70 u {
II Is also provided that (" he shall have pow.
or .oorcanize military commissions tribunals;
but this power he is not COMMANDED 20 eNer'ise'
!. i merely pernissiye. AMI is TO be used only
:. when in his Judgment il may he necessary Tor
10 rial of offenders" Even If the sentence OF
commission were made prerequisite to the
constituent Of 4 party. it would he scarcely the
iT,L,eSt check anon the officer, who has author
inv 20 organize it as he pleaseS, PRESCRIBE IT'S
mode of proceeding, appoint ITS members ron
among his own subordinateS, ana revise All I'S
decisions. Instead Of mitigating the harShhesS
of his single rule, such a tribunal would he
usaj much more probably to divide the reSpoh-
sibilirv of making il more cruel and UNJUST
Several provisions, dictated by the humane
~ &c ,ngress. have been inserted IN the oll APP
narentlv t. restrain the power at the commae"-
mo officer: hut it seems to me that they are ''
no avail for that purpose. The fourth section
nrovides-First. That trials shall not be I'M
necessarily delayed: but think | have shown
that the power is given to punish without tral'
and If 81. this provision IS practically inopera-
tive Second. Cruel or unusual punishment
: rot IN he inflicted: hut who is TO decide what
:, ,r,,rl and what Is unusual? The words have
,,orirsl legal meaning by long use in the
: ,nrts Gun it be expected that military off
c.rs will understand or follow a rule cXpreSSe
IN language so purely technical, and not per-
tanning in the least degree to their profession
/ If moi. then each officer may define cruelty &C
+ rorling - his own temper, and If II Is mol
usnal he viii make il usual. C'rporeaI pun
ishment. imprisonment. the gag. the ball anc
/ chain and the almost inSupportahle forms Of
/ torture invented for military punishment, he
I within tie range OF choice. Third The SEN
tcnce of commission is not to he executed
without being approved by the mmander' !
il affects life or liberty and sentence Of dealt
must be approved nv the President. This APP
niles n cases in which there has been trla
and sentence. ,.r
take il n be clear. under this bill, that The
military commander may Condemn to dealt
without even the form Of atrial by military
commission. so that the life Of the condemned
may depend upon the will Of two men, instead
o. one.
II is plain that the authority here given Il
,rn military officer amounts TO absolute despo-
ti:m But n make il still more unendurahle
The lii rrovides that il NAV he delegated to a.
many s,bordinates as he chooses u appoint
FIR il declares that lie shall punish or cause t.
10 punished." Such power has not beer
welded by any monarch in England for moro
than FIVE hundred years. In all that time m
neople who speak the English language have
horne such servitude Ii reduces the whole
norulation Of the ten StateS-all persons %
every color. sex. and condition, and every
stranger within their lmits-to the moStah'ec
and degrading slavery. No master ever han !
control So absolute over his slaves as this hi
gives 10 the military officers over both white
and colored persons.
II may be answered to this that the officers
ofthe army are too magnauimous. Just and hu
name H. Cypress and trample upon suhiuga
tel people. 10 not doubt tina: army oihcer
are aS we'll entitled 10 this kind Of conhdenc
as any other class Of men. But the history g
the world has been written in vain II 1t doe
NO, teach rs that unreStrained authority car
never be safely trusted in human hands II l
almost sure 10 be more or less abused undo
any circumstances. and il has always reSulte'
in cr rs tyraal where the rulers who exercis
:, are strangers tn their subjects, and come Il
uOng them as the representatives OF dlStan
mower. and more especially when the powe
that sends them is unfriendly. Government
closely resembling that here proposed, har
been fairly trie1 in Hungary AMI Poland, an
the suffering endured hv those people rOuse
the svmpathieS Of the entire world. II wa
tried i'm Ireland. and, though tempered at frs
hv principles Of English law, it gave birth {
cruelties 50 atrociouS that they are never re
counted without inst indignation. TIE Frenc
Convention armed its deahties with this power
and sent them tn the Southern departments q
the republic The masSacres, murders AIT
other atrocities which they committed sho'
what the passions Of the ableSt men in tn
most civilized society will tempt them to d
when wholly uurcsirained by law.
The men Of our race in every age hav
struggled n tie M the bands Of their govern
ments. and keep them within the law becaus
their own experience Of all mankind laugh
them that rulers could not be relied on 10 con
{ cede those rights which they were not legall
, bound to respect. The head of great empir
has sometimes governed it with mild and pa
trrna sway; but the Kindness Of an irreSponsi
) be deputy never yields what the law does no
cxtDrt from him. Between such a master anC
the people subjected to his domination Their
+ can be nothing hut enmity; he Furnishes then
they resi- ! is auth, ri V, aud if they submit
20 it, he hates them for their scrviiiy.
| come now to a question which is, If posi-
BILE, still more important Have we he powe
to establish and carry into execution a mea
! sure Ike this answer, certainly not, if w
derive our authority from the constitution, am
if VIC are bound by the limitations which It i'm
j poses.
This proposition is perfectly clear-that n
: branch Of the federal government, executive
legislative, or judicial, can have any Just pow