The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-06-20

authority They are at last subordinate executive off,
GERS They are responsible totne President for the pro
final responsibility. They are his selecte1 agents His
duty Is not all performed by selecting such agents he
deems competent but the duty remains with him to
that they execute their duties faithfully and accord
| ing to law.
President in the matter of selecting and appointing
these commanders and in tho matter of their powers
and duties under the law the Act speaks in terms di
rectly to them but this does not relieve them from
relieve him from the constitutional obligation imposed
upon him to that all "the laws be faithfully exc.
II can scarcey be necessary cite authority for so
plain proposition this Nevertheless, as we have
recent decision completely IN pont may as well refer
| to it.
Upon the motion made by the State of Mississippi be-
fore the Supreme Court Of the United States at its late
term for lea ve to file Bill against the President Of the
United States to enjon him against executing the very
Acts of Congress under consideration the opinion
of the court upon dismissng that notion and 1t seems
to have been unanimous was delivered by the Chief JUS
ce. make the following quotation from the opinion
Very different Is the duty of the President In the eIer
else of the power that the laws faithfully
ted and among those laws the Acts named in the Bill By
first of these Acts he required to assign generals to
command In the several military districts and to detail
sufficient military force to enable such officers to dis
charge the duties under the law BY the supplementary
Act other duties imposed the several command
ing generals and their duties must necessarily be per-
formed under the supervision Of tho President Com
mander-nChief. The duty thus imposed on the Pres-
dent in just ministerial 1t is purely
/ tive and political"
Certain questions have been propounded from one Of
these military districts touching the construction Of the
power of the military commander TO constitute military
tribunals for the trial of offenders, which will next con-
slider. - ~ ~ "
while the Act does not in terms dispace the regular
criminal courts Of the State 1t does give the power to
the military commander when In his judgment neces
sy arises to take the administration of the criminal law
into his hands, and to try and punish offenders by
means Of military commissions.
In giving construction to this power we must not for.
get the recent and authoritative exposition given by the
Supreme Court Of the United States as to the power OF
Congress to provide for military tribunals for the trial of
citizens In time of poacc and to the emphatic declaration
to which there dissent or difference Of opinion
among the judges that such power s not warranted by
the Constitution single extract from the opinion OF
the minority, delivered by the Chief Justice, Will suf
fee: eve by means assert that Congress establish
and apply the laws OF where no has been decar
ed or exists Where peace exists the peace must
prevail What we do maintain is that when the nation
Is involved in war and some portions Of the country
invaded and all exposed to invasion 1t is within the
power of Congress to determine in what States dis
tcts such great and imminent public danger exists
justihes the authorization of military tribunals for the
trial of crimes and offences against the discipline
ity of the army against the public safety"
Limiting myself here simply to the construction Of
this Act of Congress and to the question In what
should be executed, have hesitation in saying that
nothing short Of absolute or controlling necessity
would give any color of authority for arraignng citizen
before military commission. A person charged with
crime In any of these military districts has rights to be
protected rights the most sacred ona inviolable, and
among these the right Of trial by jury according to laws
tary commission criminal charge, he Is no longer
under the protection Of law, surrounded with those
guards which arc provided In the Constitution
This Act passed in o time of pe,ce, when hll the
courts State and Federal are in the undsturbed exer
else Of their Jurisdiction authorizes at the discretion of
military officer the seizure, trial and condemnation OF
the citizen. The accused may be sentenced to death,
and the sentence may be executed, without an indct
ment, without counsel, without Jury and withouta
Judge sentence which forfits al the property Of the
accused requires no approval If it affects the liberty
Of the accused 1t requires the approval of the command
ing general and It affects his life 1t requires the a
proyal Of tie General and of tho President Military
and executive authority rule throughout, IN the trial,
the sentence and the execution. No habeds corpus from
State court can be invoked for this law declares that
call interference under OF State authority. with
the exercise of military authority under this Act shall
be null and void"
repeat It. that nothing short of absolute necessity
can give any color of authority to military commander
to call into exercise such power 1t is power the ex
ercise Of which may involve him and every one con
cerned In the grayest responsibilities Tho occaaion for
its should be reported at once to the EXECUTIVE
such instructions may be deemed necessary and
proper, .,
military commissioners can take cognizance of offences
committed before the OF the Act and whether
they can try and punish for acts not made crimes or
offences by Federal or State law. ~ .'',
am clearly Of opinion that they have no jurisdiction
to neither: They can take cogniaance of no offence
that has not happened after the law took effect Inas
much the tribunal to punish and the measure or de-
gree of punishment established by this Act we must
constue 1t to be prospective and not retroactive other
wise It would takche character Of er post fdco law
Therefore in the absence of any language which gives
the Act retrospect do not hesitate to soy 1t cannot
There Is no Legislative power given under this Military
Bill to establish new criminal code The authority
given is to try and punish criminals and offenders and
have been committed but no person can be called
criminal or an offender for doing act which, when
DONE was not prohibited by law.
But rs to the measure of punishment regret to be
Obliged to say that is left altogether to the military au
thories with only this Limitation, that the punishment
to be inflicted shall nos be cruel or unusual, The mill
tary commission may try the accused fix the measure OF
punishment even 10 the penalty OF DEATH and direct the
execution of the sentence 1t s only when the sentence
affects the e or property OF the person that need DC
where affects the life Of the accused that needs also
| the approval of the President - 1T
As to crimes or offences against the laws of the United
States the military authority take no cognzance OF
them In any way interfere with the regular admins
taton of justice by the appropriate Federal Courts
In the opinion heretofore given upon other questions
arising under these laws gave at largo for your con-
| sideraton the grounds upon which my conclusions
arrived at intending thereafter to state these con-
to execute that purpose which is made especially neces
sary from the confusion and doubts which haYc arisen
upon that opinion in the public mind caused in part by
the OF telegraph and the press In Its publication
and in part by tho naphtudc OF the general reader to fol-
low carefully tho successive and dependent steps OF
protracted legal opinion;
WHO ARE ENTITLED TO REGISTRATION?
l. The oath prescribed in the Supplemental Act de-
fines all the qualifications required and every person
who can lake that oath entitled tc have his name en-
| tered upon the list ofvoters. ',..i' H;'' O.
| O. The Board of Registration have no authority to
administer any other oath to the person applying for
registration than this prescribed OATH nor to
any oath TO any other person touching the
of the applicant the alsity Of the oath so taken by
him The Act to guard against lslty in the oath, pro.
yides that If false the person taking shall be tried and
punished for perjury. 70 -. r..
No provision Is made for challenging tho qualifications
Of the applicant entering upon any trial or nvesga
ton of his qualifications either by witnesses or any other
| form Of proof
| 3.SAs to citizenship md residence.
The applicant for registration must be citizen OF the
State and of the United States and must be resident Of
county included in the election district He may be
registered ifhe has been such citizen tor period less
than twelve mopta at the time he applies for regstra
ton but he cannot vote a any election unless his citizen
ship has then extended to the fun term Of year As
to such person tho exact longth of his citizenship
should be noted opposite his name on the list so that 1t
may appear the day OF election upon reference TO the
list whether the full term has then been accomplished
T. An unnatraaed person cannot take this oath, but
alien who has been natlrazea can take it. and no
other proof of naturalization can be required from him
5. No one who is not twentyone years OF age at the