his single
rule, 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 inserted in the bill, apparently to restrain the power of the
commanding officer; but it seems to me that they are of no avail for
that purpose. The fourth section provides: First. That trials shall not
be unnecessarily delayed; but I think I have shown that the power is
given to punish without trial; and if so, this provision is practically
inoperative. Second. Cruel or unusual punishment is not to be inflicted;
but who is to decide what is cruel and what is unusual? The words have
acquired a legal meaning by long use in the courts. Can it be expected
that military officers will understand or follow a rule expressed in
language so purely technical and not pertaining in the least degree
to their profession? If not, then each officer may define cruelty
according to his own temper, and if it is not usual he will make it
usual. Corporal punishment, imprisonment, the gag, the ball and chain,
and all the almost insupportable forms of torture invented for military
punishment lie within the range of choice. Third. The sentence of
a commission is not to be executed without being approved by the
commander, if it affects life or liberty, and a sentence of death must
be approved by the President. This applies to cases in which there has
been a trial and sentence. I take it to be clear, under this bill, that
the military commander may condemn to death without even the form of a
trial by a military commission, so that the life of the condemned may
depend upon the will of two men instead of one.

It is plain that the authority here given to the military officer
amounts to absolute despotism. But to make it still more unendurable,
the bill provides that it may be delegated to as many subordinates as he
chooses to appoint, for it declares that he shall "punish or cause to be
punished." Such a power has not been wielded 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. It reduces the whole
population of the ten States--all persons, of every color, sex, and
condition, and every stranger within their limits--to the most abject
and degrading slavery. No master ever had a control so absolute over the
slaves as this bill gives to the military officers