Year: 1867

I've 10 those great principles OF liberty
ard humanity for which our ancestors
on both sides of the Atlantic have shed
so much blood and expended so much
treasure.


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 eff
cient military force to enable him to
perform his duties and enforce his au-
thority.


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 insurrection, disorder, and vio-
lence, and to punish, or cause to be
punished, all disturbers of the public
peace or criminals"


The power thus given to the COM
manding officer over all the people of
each district is that of an absolute
monarch His mere will is to take
the place of all law. The law of the
States is now the only rule applicable
to the subjects placed under his con-
troll, and that is completely displaced
by the clause which declares all inter
ference of State authority to be null
and void.


He alone 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 distribute them without let or
hindrance to whom he pleases. Being
bound by no State law, and there be-
ing no. other law to regulate the sub.
ject, he may make criminal code of
his own, and he can make it as bloody
as any recorded in history, or he can
reserve the privilege of acting upon
the impulse Of his private passions in
each case that arises. lie is bound by
no rules of evidence there is indeed
no provision by which he is authorized
or required to take any evidence al
all. Everything is a crime which he
chooses TO call so, and all persons are
condemned whom he pronounces to
be guilty lie is not bound to keep
any record or make any report of his
proceedings. He may arrest his vic
Tins wherever he finds them, without
warrant, accusation or proof of proba
bic cause. If he gives them a trial
before he inhicts the punishment, he
gives it Of his grace and mercy-not
because he is commanded so TO do


To casual reader of the bill, it
might seem that some kind of trial
was secured by it to persons accused
of crime, but such is not the case. Tho
officer "may allow local civil tribunals
to try offenders but, OF course, this
does not require that he shall do so.
Ifany State or Federal court presumes
to exercise its legal jurisdiction by the
trial Of a maleiactor without his spe-
cial permission, 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 "he shall
have power to organize military COM
mission or tribunals"


But this power he is notcommanded
to exercise. 1t 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 sent
ence of commission were made
prerequisite to the punishment of n
party, it would be scarcely the slight
est check upon the officer who has
authority to organize il as he pleasos,
prescribe its mode of proceeding, APP
point its members from among his own
subordinates, and revise all its decis-
ions. Instead of mitigating the harsh
ness Of his single will, 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 Of Congress, have been in
serted in the bill, apparently to re-
strain the power of the commanding
officer, but il seems to me that they
are of no avail for that purpose. The
fourth section provides, first, that tri-
ais shall not be unnecessarily delayed,
but | think | have shown that the
power is given TO punish without
trial, and, il so, this provision is prac-
tically imperative.


Second. Cruel or unusual punish
ment is not to be inflicted but who is
to decide what is cruel and what is
unusualy The words have acquired
legal meaning by long use in the
courts Can il be expected that mill
tary officers will understand or follow
rule expressed in language so purely
technical, and not pertaining, in the
least degree, to their profession 7 If
not, then, each officer may define cru
city according to bis own temper and
if it is not usual, he will make IL usual.
Corporal punishment, Imprisonment,
the gag. the ball and chain, and the
almost insupportablc forms Of torture
invented for military punishment, lie
within the range Of choice.


Third The sentence of commits
sion is not to be executed without be-
approved by the commander, if il af
fects life or liberty, and sentence of
death must be approved by the Presi-
dent. This applies to cases in which
there has been a trial and a sentence.


take it to be clear under this bill
that the military commander may
condemn to death without even the
fnrm of a trial hv a military cnmmis-