Newspapers / The Durham Recorder (Durham, … / March 13, 1867, edition 1 / Page 1
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Vol.XLVI. HILLSBOROUGH, N. C;, WEDNESDAY, MARCH ,13, 1867. No. 237C PRESIDENT'S MESSAGE. . MeMifl of iht President of the United Stole, return .' lag to lh Ha of Keinev nttit bill entiiled An Act to Promt for the mora efficient gorem j mnt ofth Kobtl eitaie," '' tht faun of RtptwnMirti'. . have.examined theoill " l; provide for the cunt, efficient government of 'lie rebel fcUaie7,.Jth .the. care and amietv which it transcendent importance i calculated (o awaken. I ui un.iblc to give it ntjr as sen for .reasons so nve, that I hope a ttatvtnenl of them may have si. me influence om tWmjnri ol the patriotic enlighten ed men with whom the decision must ulti mately rest. . ; , The. bill, place nil the. people of the Jen State therein turned under the absolute JomMstion of military ruler; and t'te pre amble undertake in give the reason upon which lite tneaioie i based, and the ground upon which it it justified. It declare that there exists in those State ou legal g. teraoveats, and adequate protection r lilt tr property, and aert the heredi ty of, enforcing peace and giod wtuer within their limit. I this true as matter Of l4Ct ? .It. is not denied thai the Sutc- in qticv tion have each ol them n actual govern tnrot, with all the powei, executive, judi cial. and legislative, which prprrljr belong V a free State. They ire organised like the other State id li.e Union, aid, like Iheui, they make, adminis'.er, and execute tt laws which concern their domestic af fair. An existing de Jmta government, exercising such function a there, i itsell the law til the State upon nil nutter with in it juridictiun. lo riuunc the u )terae law nuking power l at. established State illegal, is tu sy that law itself is un lawful. . 'lite provisions whivh these Governments Lave made fur the preservation ol order, the suppression tf crime, and Hie redress id j riate injuries, are in substance and prin ciple the nine a those whicn prevail in the Nuiihern State and in other citil'ueil fuuutrie. They certainly have nut suc ceeded in preventing the commission of all ciime.oor has this been accotnpl !. d airy. where in the world, there as well as ete where, offender sometime esope lor want t vigorous prosecution, an I occasionally, perhaps, by.the inefficiency id courts or the prejudice l juror. It is undoubtedly true UmI these evil have been much increased aud aggravated, North and South, by the demoralizing influences id civil war, and the rancurou passions which Ue contest lias engendered. But that these people are maintaining local Government lor them selves, which habiiually'dcfeat the object -f all goteruuient and render their own live and property insecure, is in itself utterly inprubible, and the averment of th bill to that e fleet is not supported by any evidence which has rntnetomy knowledge. All the information hsven the subject Convinces n.e that the masses ol the Southern people and those who control their public acts, while they entertain diverse opinions on ttuetions of Federal policy, are complete ly united in the effort to re-orgsiuze their society on the basis of peace, and to re store their mutual prosperity as rapidly and a completely as their circumstance will permit. Tut bill, however, would seem t show upon its face that the establishment ol reace aad good order is not it real object. The filth section declares that the preced H j kections shall cease to operate in any Stste where certain events shall have hap pern d. These events are First, the se lection nf ilelegate to a M.tr Couvention ty nn e!rs'-f at Dhic'a i.egr.ie 1!t . . Uved in vy' .Vi nd, the f'umstion of 4 Huit Con-uttioj tj kf t'.onvfiition chosen. Third, the insertion into the State Convolution ef a provision which will sicurethe right of voting at all elec tions to negroes, and tu such white men as sway not bo disfranchised for rebellion or , f lony. Fourth, the submission of the Con amnion for ratification to negroes and white men not disfranchised, and its ide al ratification by their vote. Fifth, the sub- .taitsioa of the State Constitution to Con gress fir examination and approval; and the actual approval of itby that bod v, Sixth, the adoption of a certain amendment to the Federal Constitution by a vote of ie Leg islature elected under the new Constitu tion. Seventh, the adoption of said amend ment by' a sufficient number nf other State' to make it a part of the Constitution of the United .States. All these conditions 'must be fulfilled before the people ol any of these States can be relieved from the bondage of military domination ; but when they are ful filled, then immediately the pain and pe nalties of the bill are to cease, no matter whether there be peace nd order or nt and without any reference to the security of life or property. The excuse giwn for the bill in the preamble is admitted by the bill itself not to be real. The military rule which it establishes is plainly to De used not for anv nurDf of order or for the pre vention of crime, but snlelr as means of coerciag the people into the adaption of principle and measures t which it is uon thai they are opfissed, and upon winch thrv have an undeniable rig'it to ex-ertt-e ttifir own juilimctit. 1 submit to Count es whether this mea sure is not, in Its whole character, scope and object, without precedent a d without authority, itialp-ibSe -conflict with the plainest provisions of die Ci"titntion, and utterly destructive to the are.tt princi ple of liberty and humstiity lor which our ancestor oh both sides of the Atlantic have led i much blood and ex pen led so much ttcature. The ten States named in the bill are di vided into five district. For each district en officer of the army, not below ihe rank of brigadier general, is to be appointed t rule over the people ; and he is supported with at efficient military force to enable hnu to prlmi his duties and enforce his aoth.irity. Those duties ami th:t authori ty, de fitted by the third section of he bill, re t pioi'ett all prsns in their rights I person and property, to suppress insur rection, disotder a nd "violence, and to pun ish, or cause to be punished, all disturbers l the public peace or crirninils." The jiower thus given to the commanding officer ovr all the people of each district is that ol an absolute monarch. His mere will is to take the place of all law. The law of the states is now the only rule applcahle to the subject placed under hi control, and that is completely displaced by the clause which declares all ihtrference"if State au thority to be null and vuid. He lone is permitted t determine what are rights of person or property, and he may protect them in such way as in his discretion may seem proper. It place at hi free disp a ail the lands and goods in hit district, and he may distribute them without let or hin drance to whom he pleases. Being bound by 00 State law, and there being no other law to regulte the iubject, he may makes criminal code of his own ; and he can make it as bloody a any recorded in history, or he can reserve the privilege of acting opon the impulse of his private passions in each case ht arises. He is bound by no rules of evidence ; there is, indeed, n provision by which he i authorized or required to take any evidence at all. rlverything is a crime which he chooses to call o. and all person ire condemned whom he i-ronounc 10 be guilty. He is not bound to keep any record, or make any report of his proceed ings. He may arrest Ins victims wherever he finds them without warrant, accusation or proof of probable cause. If he gives them a trial before he inflicts the punishment he gives it id hi grace and mercynot becaase hr is cHoinJfd to do. . t reader al the bill, it miht !eem tiirtt some Umd of trial was secured by it to peiiotis .Httivd nf crime : but uctt i not the cue. The officer lcal civil tribunals to try offender," but or course this does not require that he shall do 10. If any State or Federal court pre sumes to exercise iti trgal jurisdiction by tht trial of malefactor without hit special permission, he can break it up tod punish the judges and juron being themselves malefactors. He can save bit friend from jnltiit aod despoil hit tnemitl contrary to justice. . , , , , It is also provided that " he shall hive power to organize military commissions or tribunals;'' but this power he is notebm mamled to exercise. It is merely permis sive, 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 a pre-reqnisite to the punishment of a party, it would be scarcely the slightest check npon the offi cer, who has authority to "rganixe it as he pleases, prescribe its "mole of proceeding, appoint its members from among his own subordinates, and revise all its decisions. Instead of mitigating the harshness of his iingle rule, such a tribunal would be used much more probably to divide the respon sibility of making it more cruel and on Several provisions, dictated by the hu mtnity of Cengres. have been inserted in the bill, apparently to restrain the power of the conimaading officer ; but it seems ts me that theysre of no avail for that pur pose. The fourth s?ctio provides First. That trials shall not he unnecessarily de layed ; but I think I have shown that the power is given t punish without trial, and if so,"thts provision is practically Inopera tie. Second, Cruel or unusual punish ment is not to be inflicted; but who is to decide what is cruel and what is unusual ? The words have acquired a lejal meaning by long use n the court. Can it be ex pected that military officers will understand or follow a rule expressed in language so purely technical, and nt per'aininj in the east "degree to their profession ? If not, then each officer mar define cruelty accord ing to his own temper, and if it is not usu al, he will make it usual. Corporeal pun ishment, imprisonment, the gag, the ball and chain, and the almost insupportable forms of toriure invented for military pun ishinen!, lie within the range of choice. Thin!. The sentence of a commission i not tobe executed without being approved bv the commander, if it affects life or liberty; and a sentence of dath must be approved by the President. This applies to cases in which there has been a trial and sentence. ( take it to be clesr, under this bill, that the military commander may condemn to death without even the form of a trial br a mili tary commission, so that the life of the con demned may depend upon the will of two men, instead of one. It is plain that the autWitv here given to the mditarv officer amounts to Absolute despotism. But. to mske it still more un endurable, the bill provides that it may be delegated t as many subordinates as he chooe to appoint ; for it declares that he shall punish or cause to be punished." Such a power has not been wielded by ny monarch in F.nxland for more than five hundred years. In all that time no people who speak the Knslish language have borne such servitude. It reduces the role po pulation of the ten States alt persons, of erery color, sex and condition, and every stranger within her limits to the most abject and drgrading slavery. No master ever had a control so absolute over his slaves as this bill gives to the militiry of ficers over both white and colored per sons. It may be answered to this that the offi cers of the annv are too magnanimous, just, and humane to oppress and trample upon subjugated people. I do not doubt that army officers are as wll entitled to this kind of "confidenre as any other elass of men.' But tht history of the world has been written in vain, if it does not teach aa that unrealrainrd authority can never be safely t ii ..1 2h L.a. 1. ,1 ft tav almival asassa to be more or less abused under any cir-?J ?lJt "'"'7 P'T"""".'" ...i x. 1... ,..ui.l.i ! a I ladivtduala ; and that it could put down 1a- urreititu with the same caret as a Msu, and no other. The opposite doctrift is lit worst heresy of those who advocated sices non, and canaot be agreed to without admit ting that heresy to be right. Invasion, insurrection, rebellion,, ansl do mestic violence were anticipated when tht Government was frames', and the means of repelling and suppressing them wtrt wise ly provided for ia the Coastitation ) but it 'and, though tempered at first by principle ol Knglish law, it gave birth to cruelties so atrocious that they are never recounted without just indignation. The French Con vention armed its deputies with this power, anil sent them to the Southern depart merits of the republic. The massacres, murder, and other atrocities which they committed show what the passions of the ablest men in the mos: civilized society will tempt them to do when wholly uare strained by law. , s The men of our race in every age have struggled to t'e up the hands ol their Gov ernments and keep them within the law ; because their own experience of all man kind taught (hem that rulers could not be relied on to concede those rights which they were not legally abound to respect. The head of a great empire has sometimes governed it with a mild and paternal sway; but the kindness of aa irresponsible deputy never yields what the law dees not extort from him. Between such a master aad the popte ssbjected to his domination there eta be sorting but enmity ; he punishes them if they resist his authority, and, if they submit to it, he hates theia fur their servility. s , I come now to a question which' is, if possible, still more important. Have we the power to establish and carry into exe cution a measure like this ? I answer, cer tainly uot, if we drive our authority front the Constitution, and if we are bound by the limitations which it imposes. ' This proposition is perfectly clear that no branch of the Federal Government, ex ecutive, legislative, or judicial can have any just powers, except those which it derives through and exercises under the organic law of the Union. Outside of the Consti tution, we have no legal authority -more than private citizens, and within it we have only ao much as that instrument gives us. This broad principle limits all our func tions, and applies to all subjects. It pro tect not only the citizens of States which are within the Union, but it shields everv human being who comes or is brought under our jurisdiction. Ve have no right to do in one place, more than another, that which tiie Constitution says we shall not do at all. If, therefore, the Southern States were in truth out of the Union, we could not treat their people in a way which the fundamen tal law forbids. Some persons assume that the success of our arms in crushing the opposition which waa made in some of the States to the exe cution of the Federal laws, reduced those States and all their people the innocent as well as the guilty to tht condition of vassilace, aod gave us a power over them which the Constitution does not bestow, or define, or limit. No fallacy can he more transparent than this. Our victories sub jected the insurgents to legsl obedience, not to the yoke ol an arbitrary despotism. When an absolute sovereign reduces his re bellious subjects, he may deal with them according to his pleasure, because he had that power before. But when a limited monarch pots down an insurrection, he must still govern according to law. If an insur rection should take place in one of our States agaiud the authority of the State government, and and in the overthrow of those who planned it, would that tske away the rights of alt the people of the counties where it was favored by a part or a majori ty of the population ? Couid they, for such a ressoo, be wholly outlawed and deprived of their representation in the Legislature! I have always contended that the Govern ment of the United States was sovereign within its constitutional sphere: tiat it ex ecuted its taws, like tie States ibtVJtJfM, comstsnces, snd it ha always resulted in gross tyrsnny where the rulers who ex er ase it are strangers to their subjects, and come among them as the representatives of a distant power, and more especially when the power that sends them is unfriendly. Governments closely resembling that here proposed have been fairly tried in Hunga ry and Poland, and the suH'ering endured bv those people roused the sympathies of t bit entire werlit. It was tried in Ireland,
The Durham Recorder (Durham, N.C.)
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March 13, 1867, edition 1
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