The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1867-03-14
Atlantic have shed so much blood and
a1.nnndnd 81 raunh trnaS Ilra

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 to be supported with an effici-
ent military force to enable him to per-
form his duties and enforce his authori-
ty. Those duties and that authority,
as defined by the third section of the
bill, are ''to protect all persons in their
rights Of person and property, to sup
press Instruction, disorderand violence
and to punish or cause to be punished
all disturbers of the public peace or
criminals"
The power thus given to the COM
handing officer over all the people of
each district is that ofan absolute mon
archy. His mere will is to take the
place of al law. The law fthe State is
now the only rule applicable to the sub
jects placed under his control, and that
is completely displaced by the clause
authority to be null and void. Healone
is permitted to determine what are
rights of person or property, and he
may protect them in such way as in his
discretion may seem proper. 1t places
at his free disposal all the lands and
goods in his district; and he may dis
tribute them without let or hinderance
to whom he pleases. Being bound by
no State law, and there being no other
law to regulate the subject, he may
make criminal code of his own; and
he can make it as bloody as any recor-
ded in history, Or he can reserve the
privilege of acting upon the impulse of
his private passions in each case that
arises. He is bound by no rules of evil
dence; there is indeed no provision by
which he is authorized or required to
take any evidence at all. Everything
is a erin e which he chooses to call SO,
and all persons are condemned whom
he pronounces to be guilty. He is not
bound to keep any record, or make any
report of his proceedings. He may ar
rest his victims wherever he finds them
without warrant, accusation or proof Of
probable cause. If he gives them trial
| before he inf1icts the punishment, he
gives it of his grace and mercy, not be-
cause he is commanded so to do.
To a casual reader of the bill, it might
seem that some kind Of trial was Sc
cured by it to persons accused of crime:
but such is not the case. The officer
s'may allow local civil tribunals to try
Offenders" but Of course this does not
require that he shall do SO. Ifany State
| its legal Jurisdiction by the trial of a
malefactor without his special perlnis-
sion, he can break it up and punish the
judges and jurors as being themselves
malefactors. He can save his friends
from justice and despoil his enemies
contrary to justice.
1t is also provided that The shall have
power to organize military commissions
or tribunals" but this power he is not
commanded to exercise. It is merely
permissive, and is to be used only "when
in his judgment it may be necessary for
the trial of offenders" Even if the
sentence of a commission were made
prerequisite to the punishment of par
ty, it would be scarcely the slightest
check upon the officer, who has the au-
thority to organize as he pleases, pre-
scribe its mode Of proceeding, appoint
its members from among his own SUBJ
ordinates, and revise all its. decisions.
Instead of mitigating the harshness of
his single rule, such a tribunal would be
used much more probably to divide the
responsibility of making it more cruel
and unjust.
Several provisions, dictated by the
humanity Ol congress, nave Deen lnSef-
ted in the bill, apparently to restrain
the power OF the commanding officer;
but it seems to me that they are of no
avail for that purpose. The fourth Sec
ton provides-FI1'st. That trials shall
not be unnecessarily delayed; but think
I have shown that the power is given
to punish without trial, and if SO, this
provision is practically imperative.
Second. Cruel or unusual punishment
is not to be inflicted: but who is to de-
eide what is cruel or what is unusual ?
The words have acquired a legal mean
ing by long use in the courts. Can it be
expected that military officers will UNI
derstand OF follow rule expressed in
language so sopurely technical, and not
pertaining in the least degree to their
profession Ii not, then each officer
may define cruelty according TO his own
temper, and ii ii is not usual, he will
make it usual. Corporea! punishment,
Imprisonment, the gag. the ball and
chain, and the almost insupportable
FORMS of torture invented for military
punishment, lie within the range Of
choice. 7hi,d. The sentence of a COM
mission is not 10 be executed without
being approved by the commander, ii it
| affects life or liberty: and a sentence of