The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1867-05-18

law OF the states Is now the only rulo np-
plicablU to tic subjects placed under his
control, aud that il completely displaced
by the clause which declares all interfer-
encc Of the state authority 20 be null and
void. lie alone il permitted 10 detcrming
what are tho rights Of person or proper
ty, and he may protect them IN spch
way as in his discretion may secin
proper. II places at lis free disposal al
the lands aud goods IN bis district, and
he may distribute them without let
or hindrance, to whom he pleases.
Being bound by no state law, and there
being no other law to oregulate the subject,
hc may make criminal code Of his own
and he can make IL as bloody as any re.
corded in history, or he can reserve the
privilege Of acting upon the impulse of
his private passions 10 cnch case that aris.
es. lie is bound by no rules Of evidence ;
there is indeed no provision by which he
Is authorized or requiAdto take evidence
at all. Everything il crime which he
chooses to call so, and all pcrsons are eon.
demncd whom he pronounces TO bo guilty.
lie is not bound to make any report, or
keep any record Of his proceedings; he may
arrest his victims wherever he ands them
without warrant, accusation, or proof OF
probable cause. If he gives them trial
before he inAicts the punishment, he
gives it of his grace and mercy, not be.
cause he is commanded so 10 do. TO Il
casual reader of the bin il might seem
that some kind Of trial was secured by il
to persons accused Of crime, but such ii
not the case. The officer may allow local
civil tribunals 10 Try offenders, but Of
course this does not require that he shall
do so.
If any state or fcicFal court presumcs
to exercise its legal jurisdiction hy the
trial of a a malefaclor without his special
permission, he can break il up and pun.
ish the judges and juror as being them
selves malefactors. He cag save his
friends from justice aud deSpoil his enc.
mics contrary to justice IL il also proyi-
dcd that he shall have pow TO organ
ize military commissioners or tribunals.
but this power he has not commanded 10
exercise. Ii is merely pcrmissiyc, and j.
TO be used only when in his Judgment il
may be necessary for the trial Of offenders.
Even If the sentence Of commission
we're made prerequisite to the punish.
mcnt Of party, it would be scarcely the
slightest check upon The officer, who has
TO organize il as he plcascs. pre-
scribe its mode Of proceeding, appoint its
members from among his own sssubordi
mates. aud revise all It's decisions. Instead
otmitigdting the harshnes of his single rule
such tribunal would be used, much more,
probably, 20 divide the responsibility Of
making il more cruel and unjust.
Several provisions dictated by the hu-
mauity oi Congress have been inserted
in the bill, apparently to restrain the
power Of the commanding officer, but il
seems 10 me that they are of no avail FOR
that purpose.
The fourth section provides, first, that
trials shall not be unnecessarily delayed,
but think have shown that the power
is given to punish without trial, and If 50
this provision is practically imperative
second, cruel or unusual punishmcn,s arc
not to be inflicted, but who is to decide
what is cruel and what uDusualY The
words hayc acquired . legal meaning BY
long use in the courts. Gan it be expect
cd that military officers will understand
or FOLLOW rule expressed 10 language 80
purely tcchuical and not pertaining in the
least degree to their profession If not,
tlIen each officer may define orualty &c.
cording to his own temper, aud ii not
usual he will make it usual. Corporal
punishment, the gag, the ball and chain
and the other almost insupportablc forms
of torture invented for military punish
mcpt lie within the range of choice -
Third, the sentence of a commission is moi
to be executed without being approved BY
the commander if it affects life or liberty,
and sentence Of death must be approved
by the president. This applies to cases
in which there has been n trial and SON
tencc. ] take it 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 the life of the condemned may de-
pend on the will of two men instead of
one. 1t is plain that the authority here
given to the military officer amounts to
absolute dcspotism. But to make it still
more uncomfortable, the bin provides that
it may be delegated to as many subordi-
mates as he chooses to appoint, for it de-
clares that he shall "punish or cause to
be punished" Such u power has not
been welded by any monarchy in Eng
land for more than five hundred years
In al that time no people who speak the
English language have borne such suFvi-
tude. It reduces the whole population
of the ten (lO) states-all persons Of every
color. sex aud condition, aud every stran-
ger within their linlits=-to the post object
and degrading slavery, No master ever
had a control so absolute over his slaves
as this bill gives to the military officers
over both white and colored persons, 1t
may be answered TO this that the officers
of the army are too magnaniinons, Just
and humane to oppress and trample upon
0 spbjpgated people. / do not doubt that
army officers are as we'll entitled to this
kind Of confidence as any other GLASS Of
men, but the history of the world has been
written in vaip if it does not teach US that
unrestrained authority can never be safely
trusted in human hands. Itis almost sure
to be more or less abused under any cir
cumstances, and il has always resulted in
gross tyranny, where the rulers who ex.
ercise it arc strangers to their subjects,
and come among them as the representa-.