The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1865-08-22
wINNsHGoEO.
Tuesday Morning, August 90, 1865.
civil Es. Military Authority.

abortive effort to restore civil authority
in Virginia, has been considerably ex-
ercised upon the question of preroga.
tives belonging respectively to the
civil and the military authorities in each
State. The Columbia PhGnta, of the
18th inst, leads off ably and pointedly
upon the question. To-day we publish
Gen. GILLMoRE's order announcing of.
ficially.the existence of a Provisional
Government. TheNpoint at issue is, to
determine how the authorities, civil and
military, tally or dove.tail together.
Taking the Proclamation of Gov. PERRY
and the order of Gen. GILMORE togeth.
er, the matter seems to narrow itself
down to single point, and it is this
Gen. GlLMoRE acknowledges but small
part of the authority claimed and pro.
claimed by the Provisional Governor,
and that is embraced in the two first
paragraphs of the Proclamation. Gen.
GfLMoRE recognizes Mr.. PERRY os Gov.
ernor, and acknowledges his authority
to convene Convention" His order
sustains the Governor in all the prelimi.
naries Of a Convention. Now read the
second paragraph Of the order. The in
ference there is plain that civil authority
does not exist IN the State only so far as
the order sustains Gov. PERRY. Itdoes
this as far as he is authorized to form a
State Government The last clause of
the 7th paragraph Of the Proclamation,
says. at will be expected of the Federal
military authorities now in South Caro-.
lima, to lend their authority to the civil Of.
GERS of the Provisional Government. for
the purpose OF enforcing the laws and pre-.
serving the peace and good order of tho
State" The order quotes the first para.
graph of the Proclamation, and lcnds its
authority that far. 1t cannot l,e inferr.
ed from the order that Gen. GnMoRE
recognizes, as Gov. PERRY claims to make
known, that "the Constitution and all
+, laws Of force in Sonth Carolina prior to
the secession, of the State, are hereby
made of force under the Provisional
Government, except wherein they may
conflict with the provisions OF this
proclamation 2" He recognises the civil
as forming rather than existing,
Tins brings US to the direct question,
which authority rredominates now, civil
Or military ? for both are acting in the
State. 1.-THE military is aiding and as.
sistins the civil only, then the civil does;
but it there is no appeal from the militia.
tary to the civil in cases OF arrest, then
the military predominates. 1t is unne.
eessary to elaborate on this point.
Every man cantjudge for himself.
Wherever thero'is "a provost marshal,
there is martial law. WHEREVER there
is martial law, there the civil Is covered
by the military antloiitY, The conclu.
sion therefore is forcesgdpon us that the
powers proclaimed by; the Provisional
Governor reach farther thant the Gene
raj Commanding is willing to go in sup.
porting, In this we may be mistaken,
but 'wefabide in the opinion until the is.
sue is made, and the matter decided au.
thoritatively. In the meantime our du,
ty yisto sesall proper means TO remove
theoccasion for two uncertainpowers' by
putting the State under the absolute
control of civil authority as soon as prac-
tcable. -
Since writing the above we have fall.
en- upon a letter Of Gen THOMAS, COM
manding in Tennessee, addressed to the
Secretary of State Of Tennesse IN