The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1867-03-14

oiuts VI tlie htiabtic nave She0 SO much
blood aud expended go much treasure.
The ten States named In the bill are
divided into FIVE districts. For each
district an officer Of the army, not be-
low the rank Of brigadier general, is to
be appointed to rule over the people;
and he is 20 be supported with an eff
cient military force TO enable him to
perform his duties and enforce his au-
thority. Those dnties aud that author
iiy, as defined by the third te.tion Of
the bill, are, "to protect all persons in
their rights Of person and property, TO
suppress insurreetion, disorder, aud vi
olence, and TO punish or cause to be
punished all disturbers Of the public
peace or criminals" The power thus
given to the commanding officer over
all the people Of each district is that Of
an absolute monarch. His mere will is
10 take the place Of all law. The law Of
the States is now the only rule applica-
BILE to the subjects placed under his
control, and that is completely displaced
BY the clause which declares all inter.
ference of State authority TO be null
and void. He alone is permitted TO de.
termine what are rights of person or
property, aud he may protect them in
such way as in his discretion may seem
proper. II places at his free disposal
all the lands aud goods in his district,
and he may distribute them without let
or hindrance to whom he pleases. Be-
ing bound BY no State law, aud there
being no other law to regulate tho sub
lect, he may make criminal code Of
his own; and he can make il as bloody
as any recorded 10 history. or he can re-
serve tho 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
provision by which he is authorized or
required to take any evidence at all.--
Everything is crime which he chooses
to call SO, and oil persons are condemned
whom he pronouDccs TO be guilty. lie
is not boand to keep my record, or
make any report Of his proceedings
He may arrest his victims wherever he
finds them, without warrant, accusation,
or proof of probable cause. If be gives
them trial before he inHicts the pun
ishmeut 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 secur-
ed by IL 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 Federal court presumes to ex-
ercise its legal jurisdiction BY the trial
oil malefactor without his special per-
mission, he can break il up aud punish
the judges and jurors as being them.
selves inalefactors. lie can save his
friends from justice and despoil his
enemies contrary to justice.
1t is also provided that che shall have
power to organize military commissions
or tribunals" but this power he is uot
commanded to exercise, 1t is merely
permissive, and is to be used only ..when
in his judgment ii may be necessary for
the trial OF offenders" Even, ii the
sentence Of commission were made a
prerequisite to the punishment of
party, it would be scarcely the slightest
check upon the officer, who has aatho.
rity to organize Il as he pleascs, pre-
scribe its mode Of proceeding, appoint
its members from AMONG his own sub.
ordinatcs, and revise all its decisions.
Instead Of mitigating the harshness of
his single rule, such tribunal would
be used much more probably to divide
the responsibility Of making il more
cruel and unjust. M
Several provisions, dictated by the
humanity OF Congress, have been iuscr-
ted IN the bill, apparently to restrain
the power Of the commanding officer;
but il seems to nc that they are Of 10
avail for that purpose. The fourth see
tion provides First That trials shall
not DO unnecessarily delayed; but |
think l have shown that the power is
given TO punish without trial, and il SO.
this provision Is practically imperative.
Second. Cruel or unusual punishment
is not to DO inflicted but who is 70 de.
eide what is cruel aud what is unusual?
The words have acquired legal mean.
ing by long use 10 the courts. Can /,
l.. ...uc-ssl IL a :. .t.. & n - ~. "a,