Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-03-07

pOlCy UT lmpOllCy Oh AlIlchnlllnB tue
Southern part of our territory, / would
simply ask the attention Of Congress to
| that manifest, well known and univer'
sally acknowledged Constitutional law,
which declares that the Federal Govern
ment has no jurisdiction, authority or
= power to regulate such subjects for any
State, to force the right of suffrage out
of the hands Of the white people and
into the hands of negroes. In an arbi-
trary violation of this principle this bill
imposes martial law at once, and its ope-
ration will be begun as soon as the Gen
eral and his troops can be placed in
power. The dread alienation between
its harsh rule and compliance with
the terms of this measure is
not suspended, nor are the peo-
pie afforded any time for free de-
liberation. This bill says to tkem
Take martial law first; then deliber.
ate" And when they have done all that
this measure requires them to do, other
conditions and contingencies over which
they have no control yet remain to be
fulfilled before they can be relieved from
martial law. And then Congress must
first approve the Constitution made in
conformity with the will of this Congress-
and must declare those States entitled
to representation in both Houses. The
whole question remains open and unset
tied, and must again occupy the atten-
| ton of Congress. In the meantime the
agitation which now prevails will con.
tinue to disturb all portions of the peo-
| pie.
This paragraph is, no doubt, perfectly
true. Certainly the States of the South,
if not legal States, could neither abolish
slavery by ratifying an amendment to
the Constitution nor repudiate the Con-
federate debt. Says the President:
The bill also denies the legality of the
government of ten States which partici-
pated in the ratification of the amend
ment to the Federal Constitution, abol- |
ishing slavery forever within the jurisdic- |
ton of the United States, and practically |
excludes them from the Union If. this |
assumption of the bill be correct, their
concurrence cannot be considered as le-
gally given, and the important fact is
made to appear that the consent of three
fourths of the States (the requisite num-
ber) has not been constitutionally OBJ
tanned to the satisfaction of that amend
ment, thus leaving the question of
slavery where it stood before the amend
ment was officially declared to have
become part of the Constitution. That
the measure proposed by this bill vio-
lates the Constitution in the particular
mentioned, and in many ways, is too
clear to admit of the least doubt.
The despotism established by the bill
is thus strongly described
The fourth section provides LIST. That
trials shall not be unnecessarily delayed,
but / think | have shown that the power
is given to punish without trial, and if
so, this provision is practically inopera-
tive. Cruel or unusual punishment is
not to be inflicted But who is to decide
what is cruel? or unusual, as the words
have acquired legal meaning by long
use in the Courts. Can it be expected
that military officers will understand it
and follow rule so purely technical,
and not pertaining in the least degree to
their profession ? If not, then, such ,
officer may define cruelty according to
his own temper, and may make it cor
poreal punishment, the gag, the ball and
chain and other almost insupportable
forms of torture invented for military {
punishment that would be within the {
range of choice.
The sentence of a commission is not
to be executed without its approval by
the commander. if it affects life or !
liberty, and sentence Of death must be
approved by the President This applies
10 cases in which there has been trial
and sentence. take it to mean under
The bill that the military commander may 0
to death without form or trial 4
by q military commission so that the
life Of the condemned may depend on the
will Of two men instead of one. It is v
plain that the authority here given to a d
military officer amounts to absolute des-
ootism, but to make it still more unen- )
durable the bill provides that it may be !.
10 as many subordinates as he
chooses to appoint, for it declares he
hall punish or cause to be punished
Such a power has not been welded by
my monarch in England for more than
i've hundred years. In all that time, no
,eople who speak the English language
ave borne such servitude. The whole
population ofthe ten States all persons
f every color, sex and condition, and
very stranger within their limits, are
educed to the most abject and degra-
ling slavery; no master ever had con- 2,
rol so absolute over his slaves as this
i'll gives to military officers over both
Fhite and colored persons II may be
answered to this that officers Of the army
re too magnsnimous, just aud humane,
0 Cypress and trample upon a subjuga- =,
ed people. do not doubt that army 70
Ulcers are as well entitled to this conf
ence as any other class Of men, but the
istory of the world has been written in b
ain it it does not teach Us that unre-
trained authority can never be safely
rusIed in human hands. Il is almost
ure, more or less to be abused under n
ny circumstances, aud Il has always y
esulied IN gross tyranny where rulers, a.
no are strangers 10 their subjects, come
mong them as the representatives of a NJ
istant power, and more especially when 81
be power that sends them Is unfriendly. A
The governments closely resembling y
at here proposed, have been fully tried AZ
! Hungary aud Poland, and the suffer IN
lgs endured By those people aroused n,
le symFathies Of the entire world II =.
rs tried in Ireland, though ct FIRST tenn L
cred By principles Of English Law. il IN
I'VE birth 20 cruelfies 60 atrocious. that pr