Year: 1867

trict an officer ofthe army, not below the
rank of Brigadier1 General, is 10 be up.
pointed to rule over the people, and he is
to be supported with an efficient military
force to enable him to perform bis duties |;
and bis authority as defined by the third
section Of the bill, is to protect all persons
in thesr rights Of person and property to
suppress disorder and yiolsncs and to
punish, or cause to be punished, all dis.
turbers Of the public peace, or criminals.


The power thus given to the command.
ing officer over all the people Of each
State is that Of an absolute monarch. -
His mere will is to take the place of all
law. The law of the State is the only
rule applicable to the place under his
control, and that is completely displaced
by the clause which declares all interfer-
euce Of the State authority to be null and
void. He slsne is permitted to deter
mine what are the rights of person aud
property. He may protect them in such
way as in his discretion may seem pro-
Fer. ! 1uu as1ir''r rH,l


1t places at his free disposal all the
lands and goods in his district, and be
may distribute them without let or hin.
derence to whom he pleascs, being bound
by 10 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
recorded 10 history, or he can reserve the
privilege Of acting npon the impulse Of
evidence. There is indeed no provision
by which be is authorized or required to
take evidence at all. Everything is a
crime which he chooses to call 80, and oil
persons are CONDEMNED whom he pronouu.
ces guilty. He is not bound to make and
report or keep any record Of his proceed
edings. He may arrest his victim when.
ever he may find him, without warrant,
accusation or proof Of probable cause. II
he gives him trial before he inAicts the
punishment, he gives Of biz grace and
mercy, not because be is commanded to
do 60. ....H .5.-..;. e..
To casual reader Of the bill, it might
seem that some kind Of trial was secured
to persons accused Of crime, but such is
not the case. The officer may permit 10.
cal civil tribunals to try offenders, but Of
course this does not require he shall do SO


II any State or Federal court presumes to
exercise its legal jurisdiction by the trial
of q malefactor, without his special per-
mission, he can break it up and punish
the jadges and jurors as being themselves
malefactors. He can save bis friends
frem justice and despoil his his enemies,
contrary to justice. az


1t is also provided that he shall have
power to organize military commissions or
tribunals, but this power is not, command
ed ; to do it is merely permissive, and is
to be used only when, in his judgment. i:
may be necessary for the trial of offenders.
Even if the sentence of acommission were
made prerequisite to the punishment Of
a party, it would be scarcely the slightest
check upon the officer, who has authority
to organize it as he pleases, to prescribe
its mode of proceedings, appoint its mem.
bers from his own subordinates, and rs


wise all its desicions. Instead Of miga.
ting the harshnoss of his single rule, such
a tribunal would be used much more pro-
badly to divide the responsibility of ma.
king it more cruel or unjust. y


Several provisions, dictated by the hu.
manity Of Congress, have been asserted
in the bill apparently to restrain the pow
er Of the commanding officer, but it seems
to me that they are Of no avail for thai
purpose. The fourth section provides =
FIRST, that trials shall not be unnecessarily
delayed. ButI think I have shown that the
power is given to punish without trial,
and if so, this proposition is practically
imperative. Cruel or unusual punish


ments are nj, to be inflicted but who il
to decide what is cruel and unusual P
The words have acquired legal mean
ing by long use in the courts. Can it b
expected that military officers will under,
stand It, and follow rule in language &c
purely technical, and not pertaining il
the least degree to their profession L
not, then such officer may define cruelty
according to HE own temper and if no


usual, he will make usual. Corporea
punishment, the gag, the ball and chain
and other almost unsupportable forms o


torture, invented for military punishment
will be within the range Of choice.


The sentence Of commission is not t
, be executed without approval by tn


commander, If it effects life or liberty
and sentence of death must be approve,
by the President. This applies to case
in which there has been trial and sen
tence. I take it to be clear under tn
, bill, that the military commander ma.
: condemn 10 death, without even the form
Of trial by military commission, so tha
, the ! fe Of the condemned may depend up


on the wilhof two men instead Of one.


, It is plain that the authority here givel
to the military officer amounts to absolute
! despotism but to make il still more un
: endurable, the bill provides that IL ma.
be delegated to as many subordinates a
he chooses to appoint, for it declares b
! shall "punish or cause To be punished.
Such a power has not been welded by
/ monarch in England for moro than fv
, hundred years; in all that time, no pee


pie who speak the English language hav'
borne such servitude. Itreduces theNhol
population Of the ten States-all person
Of every color, sex and condition, an,
, every stranger within their llmits--to th
, most abject aud degrading slavery N
master ever had control &C, absolute owe
bis slaves ms this bill gives TO the nilitar
, | n ..l.-.I :. :.