Publisher's Synopsis
Excerpt from Opinion of Attorney General Stanbery, Under Reconstruction Laws, Vol. 16
There is no legislative power given under this military bill to estab lish a new criminal code. The authority given is to try and punish criminals and offenders, and this proceeds upon the idea that crimes and offences have been committed; but no person can be called a criminal or an offender for doing an act which, when done, was not prohibited by law.
But as to the measure of punishment, I regret to be obliged to say that it is left altogether to the military authorities, with only this limitation, that the punishment to be in?icted shall not be cruel or unusual. The military commission may try the accused. Fix the measure of punishment, even to the penalty of death, and direct the execution of the sentence. It is only when the sentence affects the life or liberty of the person that it need be approved by the com manding general, and only in cases Where it affects the life of the accused that it needs also the approval of the President.
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