Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-05-11
THE RESTORATION OF civil Law

ing monies for the same.
THE RESTORATION OF CIVIL LAW.
we publish below an important order, is
sued on the 1st of May, by the war Depart
mcnt 10y direction of the President declaring
that Military Commissions and Courts Martial
shall have no Jurisdiction, except in cases of
persons belonging to the Army or Navy of the
United States, where there are civil tribunals
In existence. BY the terms of the order it has
no retrospective effect, but applies only to ca
ses which may hereafter arise and we see TINT
in recent telegram from tho President to
Governor Worth, of North Carolina. with
reference 20 the case of Major Gee. which is
now before military commission at Raleigh.
the President says, that the proclamation of
April I'd. 1866. was not intended "to interfere
with the military commissions at that time or
previously organized. or trials then pending
before snch commissions, unless by special in
structions, the accused were to be turned over
to the civil authority"
After all, however, the effect Of the procla.
nation in restoring civil law seems entirely O.
legal question to be determined by the judicial
tribunals OF the country. unaffected by the in.
terpretations, or the action of the Government
in the premisea The effect of the proclama-
tion was simply to determine the cessation of
hos.ilities and the Inauguration of peace, but
to say what are the legal incidents of the new
cond ition, would seem to belong entirely to
the Courts. Under the recent decision of the
Supreme Court in the case Of three citizens of
Indiana. Who were arraignsA and onnvisted be.
fore military commission, it was determined a
that military tribunals have NO Jurisdiction
over offences committed by civilians, and hence
IL would seem that the various DEGREES of Pro-
vost Courts and Military Commissions, render.
| ed in such cases since the issue of the procla-
| nation are entirely invalid.
At any rate, we presume, that under this re.
cent order, the arrest of citizens by military
| authority, and their araignment before Pro.
vost Courts and military commissions is unsu
| thorised for the future. The Courts of the
State are open to all parties. if not by State
enactment. at least by virtue of the Civil
Rights Bill, and besides there is here an Uni.
ted States District Court, to take cognizance Of
| all cases TO which the State Courts are not com.
petent. The military courts ere hence entirely
superhuous.
If civillaw is not yet restored, ve will have
Is await the removal of the military force It
would seem that proclamations and orders can
do no more.
The following is the recent order of the War
Department:
Whereas some military commanders are en-
bnrrassed by doubts as to the operation of the
proclamation Of the President dated the od
day of April 1866, upon trials by courts mar ~
tial and military offences to remove suoh
doubts It is ordered by the President that here
after whenever offences are committed bv ci-
villains they are TO be tried where civil tribu.
malls are ia existence to try them. Their cases
are not authorized to be and. will not be
missions, but will be committed to the proper
civil authorities.
This order ID not applicable to camp follow
ers, as provided for under, the sixtieth article
OF war. or to contractors and Others as speci.
fed in section 16 Of the act of july IT, 1852.
and sections l. and 2 of the act of March q
1858. Persons'a and offences cognizable by the.
rules and artices Of war and by the aots Of
Congress above cited will be eontipusd to be
tried and punished by military tribunals as
prescribed by the rules and articles Of war and
acts Of Congress Co.
The aixtieth Of the rules and articles, of war
provides that all suffers and retainers 10 the
camp and ell persons whatsoever serving with
the armies Of the, United States In, the aeld'
though not enlisted soldiers, are 10 be subiect
% orders according to The rules and discipline
The acts Of Congress to which reference, 3: il
.nsae 1Ptcysae thse whenever. any contractor
~, :a!:s.stenee'f clothing. arms. ammunition,
m9anions ofswar and for every description Of
ksnpptiss for.t the army or navy. of the Unitsd
Satstes shslt be found guilty Sv conf "a
s'st,9. ltaad sSr jlfpl neg lsee Of duty hs ab.Y