The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-06-26

provisions of that Act. And as to
these d6ties, they are pla-Ily
enough expressed in the Act t; and
i, it is not understood that any ques-
ton not heretofore considered in
the opinion referred to has arisen
or is likely to arise in respect to
them. Ny attention therefore, is
directed to the powers and duties
Of the military commanders under
the original Act.
We see clearly enough that this
Act contemplates two distinct
governments in each of these ten
States-the onemiIitary, the other
civil. The civil government is
recognized as existing at the date
of the Act. The military govern
ment is created by the Act. Both
are provisional, and both are to
continue until the new State con-
stitution is4ramed and the State
is admitted to representation in
Congress. When that event takes
place, both these provisional gov
ernments are to cease. In con-
temptation of this Act, this mill
tary and this civil authority are
to be carried on together. The
people in these States are made
Subject to both, and must obey
both, in their respective .iurisdic-
tiOnS.
There is, then, an imperative
necessity to define as clearly as
possible the line which separates
the two jurisdictions: and the
exact scope Of the authority Of
each, g.,
Now as to the civil authority,
r9cognized-by the Act as the pro
visional civil government, it cover
ed every department of civil juris-
diction in each Of these States. It
had all the characteristics and
powers Of "a State government.
legislative, judicial and executive
and was in the full and lawful
exercise Of all these powers, ex-
cept only that it was not entitled
to Representation as State of the
Unicn. This existing govern
ment is not Set aside; it is recog-
nized more than once blythe Act.
It is not in any one Of its depart
ments. or. as to any one Of its
functions, repealed or modified by
this Act, save only in the qualii-
cations Of voters, the qualifications
Of personGseligible to office, the
manner ofholding elections, and
the mode Of framing the ,constitu-
ton of the State. The Act does
not.in any other respect change
the provisional government, nor
does the Act authorize. the mili7
tary authority to change it.. The
power OF. further changing it is
reserved, NJ granted, and, it is
reserved to Congress, not dele
gated to the military commander.
Congress was not satisfied with
the organic law or constitution un-
der which this civil government
was established. That constitu-
ton was to be changed i'll only
one particular to make it accept
able to Congress, and that was in
the matter Of the elective fran
chise. The purpose, the sole OBJ
iect, Of this Act is to effect that
Change, and to effect it by the
agency of:the people Of the State,
or such Of them as are made @vo-
ters, by means Of elections provi-
ded for in the Act, and in the
meantime to preserve order and to
punish offenders, if found neces-
sary, by military commissions.
We are, therefore, not at loss
to know what powers are pos
sessed by the existing civil au-
thority, The only question is up
on the powers conferred on the
military authority. Whatever
power is not given to the military
remains with the civil government.
l. We see, first Of all, that each Of
these States is "made subject to.
the military authority of the Uui-
ted States to the military
authority altogether, but with this
express limitation, "as hereinafter
prescribed"
We must, then, examine what
is hereinafter provided, to find
the extent and nature Of the power
granted.
This, then, is what is grantedto to
the military commander: The
power or. duty "to.protect all per
sons in their rights Of person and
property, to suppress insurrection,
disorder and violence, and to pun
ish, or cause to be punished, all
disturbers of the public peace and
criminals" and he may do this by
the agency Of the criminal courts
of the State, or, if necessary, he
may have resort to military tribu-
nails.
This comprises all the powers
given to the military commander.
Here is a general clause making
it the duty Of the military com
mander to give protection to all
persons in their rights Of person
and property. Consider by itself: