The Portland daily press., 1867-06-18

mander: the power "to protect all per-
sons.n their rights ofperson and property, TO
SUPPRESS insurrection, disorder and violence
and to punish, or cause to be furnished, all
disturbers of the public peace and criminals"
and he may do this by the agency of the GRIM
inal courts ofthe States, or, If necessary, he
may have resort to the military tribunals
This comprises all the powers given to fhe
military commanders.
REMOVAL oFscIvL OFFICERS.
L lind no authority anywhere in this act for
the removal by Military Commander of the
proper officers of a State either Executive or
Juelclal, OF ior tne appointment of persons W
their places. Nothing short Of an express grant
ofpower wonld justify the removal or the APP
polntment OF such an officer There Is no Saeh
grant either expressed or even lniplieu Oh
the contrary, the act clearly enough
torbds 1t. The regular state oficers
duly elected and qualified are entitled to hold
their Offices They too have rights which the
military commander Is bound TO protect, not
authorized 10 destroy. ind 1t impossible I'M
dor The provisions of this act to comprehend
sncb an official as a Governor of one of these
states appointed to Office by one of these Mill
tary Commanders. The law takes no cogni-
zance of such an official, and he is clothed
with no AT thority or color of authority. What
is true as to the Governor is equally true as to
all the other Legislative, Executive and Judi
cial officers of the State. Certainly the act is
rigorous enough in the power which it gives.
With all its severity the right of electing their
own officers is still left with the people and it
mus must DC preserved.
This opinion is confined to the proper auth
GRITTY of the military commander where peace
anu order prevail. In case OF an actual insur-
dable as to require the temnorarv susneusion
of all civil government and the establishment
OF martial law in its place, whatever power is
necessary to meet such an emergency the mil
ltary commander may properly exercise. In
military commander is wholly independent OF
onn Hn. @ i'tt,si w. III .ne 'llai ~, Vi
civil jurisdiction. If civil order is preserved
and criminals are duly prosecuted by the regu-
lar crlilllllal courts, tne hilItary power though
Is to nreserve the neace To act nrpmntIv when
peace is broken, and restore order When that
Is done ana civil authority may again safely
taoa,,o i.o ,sn; .ne aniii.ly poWei
walchful. This is the whole scone 81 the mill
tary power conferred by this act. aa
The Attorney General then proceeds to spec-
ifv some of the acts of the Military Command
ers. in which. in his opinion they have exceed
ed their authority under the law. and concludes
with n svnonsis from his former onnion GIVING
the classes d;sfrancb;sed under tba military
tiu .,...
, = ----- "At
The Destruction of the Eastern Prom
ennde. ' aI.4.s.. q.
To the Editor of the Press: -. tr.
Your correspondent NJ. seems to have walked
from a Rip Van Wrinkle sIeep of the Last tbir-
ty wears Mortified to hear of a oronosad inn
proyement on the eastern some Of Mpniov
Hill IfM will ,vaka IN, in tho ,norn;,, oor,Y,
enouoh rub out His ewes and t.lxa a wall ox,a
Mupioy Hill. he will find unite a cbonoe has
| taken place. even within the last twenty wears
Some few bouses have hear bn;lt in tbs ,neon-
time: he will find at least thirty new ones
now roino mn and If ba shop,d s1umbor until
| oold ,roatbor bo win nroho,,lu faa - ,oo..
se, o. ,,,ro NV ,,o,sns 49,. nm
vithir tha rrasa,,t VOC. IT. In 49,, "a
~ ,rtb;r 4ba loot t,,ora -
sao,, 49,, -,
90 +to 1,;u os doo,, &c t,vo,,+,, 49, o,,l,,
TIT eao., in ,roa;,,,, sa,,,a ~ tI1.r.,o..,
tween wosb;no+on and North s+,oot, j Va
who is there now +, oon,,,,o; e .,,o 49,, o,,4
made in orad;ng C,nn,ho,,,,a Co.,,,.,,,s
streets? The material taken f,o,, t,aso st
and adioinin,, lots has contributed tho,,.o,, A.
| of dollars TO the taxable nronertv of tbe oit1
| building wharves and denot grornds with
In the CITY: besides maxine available the nron.
! ertv on the streets yradad for thousands ,ooro
] Some deem cuts some small cpts and nrohol,,,
some fills are also reopirad ON tho oos+or,, S,on
OF Munioy. as well as tbe xvasto,n s1ora =,
make suitable grades. and the earth Is al,
| wanted to make improvements in the CITY. and
| in the immediate neighborhood of the PRONE
| made, 10 add thousands of dollars more of tax
| able propertv to the CITY How few now real
| iza while passipo nm Congress- and Cumhar-
| land streets. that the banl, in MANY nlaces ha-
tween those streets was formerly hiaber than
| the tons of the nresert bmses, So thio
| dreaded c,t of seyanteer feet mot thirty .,
| forty feet as on the western sione of the him
| when it is made, and the other grades are
| made to conform to it, will scarcely be percep-
| tbe. -.. 5 --1+
But to the Eastern Promenade IT. laid
| out during the administration of the late Hon
| Levi Gutter. and a temnorarv road nine rods
| in width. with mall in the centre. was made
| on each side by Irisbmen. with the aid Of
wheel barrows. without apy established Grade
| flor the city aft that time was too moor 70 do
ANYTHING more,: a mnck he'd lef. in the middle
of the lower road. so that # has never been
travelled with CARRIAGES. the unner road n
succession of knolls and bo,,ows. soma nor
lions of the lower road at least twelve feet
lower than the upper road: number of stunt.
ed trees struggling for existence rom wear to
year, to be replaced by new ones as their pre-
decessors starved out for want of sufficient
soil for subsistence; the lower side of the road
a place of deposit for the carcasses of dead
horses, three of which lay there unburied a