The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-03-06
COLUMBIA, S. c. WEDNESDAY MORNING, MARCH G. 1861

decisions. Instead of mitigating the
harshness of his single rule, such
tribunal would be used much more
probably to divide the responsibility
OF making it more cruel and unjust.
Several provisions, dictated by the
humanity of Congress, have been
inserted in the bill, apparently to
restrain the power Of the command
ing officer; but it seems to me that
they are of no avail for that purpose
The fourth section providcs-E'irst.
That trials shall not be unnecessarily
delaJed but think l have shown
that the power is given TO punish
without trial, and, if so, this provi-
sion is practically imperative Sc
cond. Cruel or unusual punishment
is not to be inflicted; but who is to
decide what is cruel and what is
unusual? The words have acquired
legal meaning by long use in the
courts. Can it be expected that mill
tary officers viii understand or follow
rule expressed in language so pure
ly technical, and not pertaining in
the least degree to their profession?
If not, then each officer may define
cruelty according to his own temper,
and if it is not usual, he will make it
usual. Corporeal punishment, I'M
prlsonment, the gag, the ball and
cham, and the almost insupportablc
forms Of torture invented for mill
| tary punishment, lie within the
range of choice. Third. The SEN
tence Of 4 commission is not to be
executed without being approved by
the commander, if it affects life or
liberty; and Il sentence of death must
be approved by the President This
applies to cases iii which there has
been 4 trial and sentence l take it
to be clear, under this bill, that the
military commander may condemn to
death without even the form Of Il
trial by military commission, so
that the life Of the condemned may
depend upon the Will of two men in
stead of one
1t is plain that the authority here
given to the military officer amounts
to absolute despotism. But, to mako
1t still more uncomfortable, the bill
provides that it may be delegated to
us many subordinates as he chooses
to appoint; for it declares that he
shall ''punish or cause to be pun
ished." Such a power has not been
welded by any monarch in England
for more than five hundred years
In all that time, no people who speak
the English language have borne
such servitude. Itreduces the whole
population of the ten Statcs-all per-
sons, of every color, sex and condi-
ton, and every stranger within their
llmlts-to the most abject and de-
grading slavery. No master ever had
control so absolute over his slaves
as this bill gives to the military Of
ticers over both white and colored
persons.
It may be answered to this that the
officers of the army are too magnani-
nous, just and humane to oppress
and trample upon a subjngated pco-
pie. l do not doubt that army officers
are as we'll entitled to this kind of
confidence Us any other class of men.
But the history of the world has been
written in vain, if it does not teach
us that unrestrained authority can
never be safely entrusted in human
hands. 1t is almost sure to be more
or less abused under anv circum-
stances, and it has always resulted in
gross tyranny where the rulers who
exercise 1T are strangers Of their sub
Jects, and come among them as the
representatives of distant power,
and more especially when the power
that sends them is unfriendly. Gov
ernments closely resembling that here
proposed have been fairly tried in
Hungary and Poland, and the suffer
ing endured by those people reused
the sympathies of the entire world.
1t was tried i'll Ireland, and, though
tempered at first by principles of En-
gllsh law, it gave birth to cruelties so
atrocious that they are never recount
ed without just Indignation. The
French Convention armed its depu-
ties with this power, and sent them
to the Southern departments of the
republic. The massacres, murders
and other atrocities which thcv com
mittcd SHOW what The passions of the
ahlest men in the most civilized So
ciety will tempt them to do when
wholly unrestraincd by law. The
men OF our race i'll every age have
struggled to tie up the hands of their
Governments and keep them within
the law; because their own expert
ences Of all mankind taught them
IL.