The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1867-03-13

power 10 Organize HtliltdiJ CumhHissiuHo -
tribunals ]" but this power he is not chm
manded to exercise. 1t is merely perm,s-
sve, and is 10 be used only !" when in his
Judgment, it NAV be necessary for the trial
of offenders" Even if the sentence of
commission we're made a prerequisite to
the punishment Of party, it would be
scarcely the slightest check npon the obi
Ger, who has authority to "rganize it as he
pleases, prescribe its mole Of proceeding,
appoint its members from among his own
suhordinates, and revise all its decisions.
Instead of mitigating the harshness Of his
Jingle rule, such tribunal would be used
much more probably to divide the respon-
sibility of making it more cruel and un-
ust.
Several provisions. dictated BY the hu.
msnity Of Congress. have been inserted in
the bill. apparently to restrain the power
Of the commanding olGcer but il seems q
me that they are Of no avail for that psr-
pose. Tn. fourth s-csios p.ovides-First.
rha, trials shall mt he unnecessarilv de-
layed hut think | have shown that the
power is given To punish without trial, and
if so, "'thl. provision is practically inopera-
tive. Second, Cruel or unusual punish
ment is not to be inflicted but who is to
decide what is cruel and what is unusual
Tie words have acquired legal meaning
by long use in the courts. Can it be ex
pected that military officers will understand
or follow rule expressed in language 90
purely technical, and not pertaining in the
FEAST degree to their professioni If not.
then each officer may define cruelty accord.
ing to his own temper. and if il is not rsu-
ai, he will make it usual. Corporeal pun
ishment. imprisonment. the gag, the ball
and chain. and the almost insuppo.table
forms of torture invented for military pun.
ishmen., lie within the range Of choice.
Third. The sentence Of a commission is not
to be executed without being approved hv
the commander, if il affects life or liberty:
and 4 sentence of death must be approved
by the President. This applies to cases in
which there has been trial and sentence.
take il 10 be clear, snder this bill, that the
military commander NAV condemn to death
without even the form OF trial by a mill
tary commission, so that the life Of the con.
demned NAV depend upon the will Of two
men, instead Of one.
II is plain that the authority here given
to the military officer amounts 10 absolute
despotism. But. 10 make il still more un-
endurable. the bill provides that It may be
delegated IL as many suboriinates as he
choo<es to appoint; for il declares that he
shall "punish or cause to be punished"
Such 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. II reduces the ~tole po-
pulation Of the ten Statps-all persons. Of
every colsr, sex and condition. and every
stranger within her limits-to the most
abiect and degrading slavery. No master
ever had a control so absolute over his
slaves as this bill gives to the mililary Of
fcers over both white and colored per-
sons.
II may be answered 10 this that the off
GERS ut the armv are too magnanimous.
just, and humane to cypress and trample
upon subjugated people. | do not doubt
that army officers are as well entitled to this
kind OF con6denre ss any other class OF
men. But the history Of the world has baen
written in vain. IL ], does nnt teach "a that
uhrestrainsd au'hnritv can never be safely
trusted 10 human hands. Il is almost sure
10 be more or less abused under any cir
cumstsnccs. and IL has alwavs resulted in
gross tyranny where the rulers who exer.
else il are strangers 70 their subjects, and
come among them AS the representatives OF
q distant po~er. and more especially when
the power that sends them is unfriendly.
Governments closely resembling that here
proposed have been fairly tried in Hungs.
~ and Poland, and the suffering endured
BY those people reused the sympathies OF
tbs entire world. II was tried in Ireland,