The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-05-04

ever, civil courts, not Military Commissions
or Provost Courts, are meant. 1t is truo, the
privilege of counsel is granted the prisoner
before these military tribunals. but under
such conditions and restrictions, that all the
advantage is with the prosecution. And
while, under tho old established maxim Of
the Common Law, every man is considered
innocent till he be proved guilty, the practice
ut least (if not the intention) of Military Com
missions bears the appearance of the oppo-
site theory, i. Q. that n man must be held
guilty, till he shall have established his in
rocenoe by incontesable proof
Martial law becomes necessity in a state
Of war; but as it owes its existence to the
war, we would naturally expect it also to
cease with it. The late war terminated in
April, 1865, with the general surrender Of
the Confederate armies. The amnesty PROF.
lamation of President JOHNSON, which fol-
lowed soon after, virtually restored the
greater part of the people of the South to
their rights under the Constitution admitting
for the nonoe, that they had by their acts
alienated said rights). The appointment of
a Provisional Governor was another step in
! the same direction. This Governor, more
over, was authorized by the Chief Executive
to coll n Convention, which, in full accord
ance with the policy marked out by the Pre-
sdent, authorized an election for Governor
and for members of the Legislature The
| Governor was elected, and, with the sanction
of the President, was installed into his Office,
and has ever since been recognized as the
Chief Executive of the State.
Here, then, we have the entire machinery
of the State in full and complete operation;
from the Magistrate, Sheriff, and Constable,
to the Chief Justice of the Supreme Court
and Governor. And these Offices are held
exclusively by loyal men. For the condition
precedent, as is we'll known, requires every
one, holding such Office, to take the oath Of
allegiance and bring himself within the pale
of amnesty or pardon. Yet all this while
martial law was still in operation.
But to remove all occasion for it, the Pre-,
sident officially announced on the second day
of April last that the war is over, that the
privilege of ha6eaS corpus is restored, thai
martial Inv has ceased, and that civil law is
once again in force. Yet we know, from &C
tual observation, that martial law continued
to be exercised here even after that proclama
ton. And now, at last, to leave nothing tc
the uncertainties of inference, the President
issues an order through the War Department
(the particular branch of the Executive
which invested the officers of the army with
this authority, that military Commissions
and Courts Martial ore not authorizedU
1t is true "Civil Law has been restored" &C
repeatedly during the past twelve months
while at the same time this boon has as otter
eluded our grasp, that we forbear further
comments not wishing to be too positive ir
our assertions even now, whom there appears
no longer even shadow of doubt as to the
actual fuifillment of the long promised, Or
dently-wished.fo restoration of Constitution
al rights and civil law. Nous verrons.