New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-06-17

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erection the court having jurisdiction thereof y e
Contains no less than seventeen sections embOdylhg the
various changes aud notifications when nave peel lo
lawyer what power or discretion belongs TO the eos
having jurisdiction Of any OF these oenses TO tba
fbst proSded by the law which vests him with urS
dtion. The concluding paragraph o. hiS P heTecfore in
force in North Carolina OF South Carolina Sy aus
pended aud declared inOperatiyen Thus iws but
not only power 20 suspend tae and as
20 fun powers Of legislation by the
military authority The ground upon e forth in Military
Order No l. issued in this district T se S gUgf1a
en now existing IN a SSr in all respects subject Che
aramounf authority tho United states AT any Tins
abolish i %SdS sG Of e act Of Congress wen reGited
What follows in these %S with the Constitution and
laws 81 the Upted States or the % o oT be Si pr
oI IN The orders OF the Commanding General are
hereby declared 10 be IN force, ana IN o.
with civil officers hereby authorized to continue eH
c,c OF their proper functions, and will be respecedahd
obeyed by the inhabitants Thls construction M lS
Commander the footing as the Congress Oh tne
United States It assumes that " inc paranEh' nodify
y OF the United states at any time 70 aDo,Sn az r.
control or supersede is vested IN INN rs Iuy ~ ~ 20
reserved to Congress lie deems hSe heaf npon am
OF that paramount authority nc puts hnssf in the
equality with the lawmaking power OF Tue Cido' ' f
least as the enactment Of laws concerned He places
himself higher ground than inc IIcSuenS, Wiz III
Tecfy ali the authority OF the state legislative
aud judicial, and IN effect declares am iS ~ his
assumption OF authority lrepeat what nave S nc b
been issued under honest belief that they were neees
sary expedent, and fully warranted ny the act Oh So
grcss There may be evils and misehefs In the laws
Tbcb these pcople have made for themselves through
their own legislative bodies which require chahge Dut
none these be so intoeIabls as the evils ana i
chiefs which must from the sort of remedy applied
One plainly see what VIII be the eS te w6oe civil
policy of the State must produce III these lhhilaI3
tsc in i Which This Provisional Military Government
may be in power the seeds viii he s0wh Tor sue lu
turc harvest of litigation rs has Eever Deeh hcteu upon
any other people There IS, my opinion an executive
duty to performed here which cannot SAFELY be avoided
thoity assumed by commanders they are not even
as their proper executive duties IN any sense cotSa
with paramount authority. They are at last snDOrdl
nate executive officers They responsible to the
President Tor inc ROe ea They are his
selected agents His duty is not all performed Dy select
ing such agents as he deems competent; but the duty
Insins with him TO see to that they execute their
duties faithfully and according to law IL Is true tnat
this act Of Congress only refers to the President IN the
matter Of selecting ana appointing these commanders
and in the of their powers ana duties under lhe
does not relieve them from their responsibility to
the President nor does Il relieve MN IRON a o fe
laws be faithfully executed 1t can scarcely dc neeeS
Neycrtbeiess as we have recent decision completely
point may well refer tOlt Upon inc lnoIi9h InuS
the United States at its late term for leave to file bill
against the President Of the United States TO enon him
consideration the opinion Of the court upon dismsSing
THAT %So ~ and ind Z Il eaf make tSe fOs
quotaten from the opinion: Very different Is the duty
Sbo laws sTe faishfy exeeGtcd aud among those laws
the acts named the bill by the first OF these acts ne
.canred TO assign generals TO command in the several
military districts and to detail sufficient military
force enable such officers to discharge their duties a
imposed thescyera commanding generals, ana Iner
duties must necessarily be performed under the super
Vision Of the President as CommanderinChiei The duty
thus imposed tho President Is In no Just sense minis
have been pnepounded from one Of these mill
tary districts touching the construction OF the power
nas for the trial Of offenders which will next consider
While the act does not in terms dspaee the regular Grim
ttary commander; When ia. his iudgmeht necessity
arises to take the administration Oh te enlal NV
means Of military commissions In giving constrnc-
SSd authoritative exposition given by the Supreme Court
Of the United States as to the power OF Congress TO pro
of peace and to the emphatic declaration 10 which
there dissent or difference OF opinion among the
Judges that such power is not warranted by the Con-
st1tlOn single extract from the opinion q the mi
by no means that Congress establish and apply
the laws OF where war has been declared or ex
What maintain Is that when the nation is
IN Wat and some portions Of iRe Sh the power
Congress TO deterino in what States or districts sucl
authorization Of military tribunals for the trial Of crime
s s1Sy or assns the public safety Limiting yscfhere
simply 70 the construction o. TINS aci OF congress ana u
no hesitation IN saying that nothing short an absolute
controlling necessity would give any color Ofauthory
person charged with crime any OF these military
districts has rights TO be protected, rights the most
by jury according to laws Of the land When citizen is
nrshgncd before q military commission on q criminal
surrounded by those safeguards which are provided in
the Constitution This act passed time Of peace, when
exercise Of urisdction authorizes at the discretion
OF military officer the seizure. trial and condemnation
Of the citizen The accused may be sentenced to DEATH
Indictment without ,1gS counsel without Jury and
The property Of the accused requires approval II It
affects the liberty Of the accused II requires the approval
requires the approval OF the General and Of the President
a % s16 anS tbS NO s9 IN @
from any state t court can be invoked for
bf military authority, under this act shall be null
1eeesT can Five any color Of authority to a. military
commander to call into exercise such power II n
bne concerned IN the gayest responsibilities The
sion for its exercise should be reported at once TO the Ex
beutye for such instructions as may be dened necessary
Ind proper Questions have arisen whether, under this
bower, these military commissioners can take cOgnZance
whether they can try and punish acts made crimes
Or Oenses by Federal or State Law clearly of opinion
that they have Jurisdiction as either. They can
lake cOgnzance Ofense that has happeneda
The law TOOK eject lnasnuch as the tribunal 70 punish,
pnd the degree ofpunshment, established
by tins act must constrne IL to be prospective, and
not retroactive Otherwise would take the character
Of an er post Iao law Therefore IN the absence Of any
tate 70 say cannot apply 70 past oenses There DO
egisiaye power gwen under this m,ary bill TO- esta6-
and punish criminals and offenders, and this proceeds
Upon the idea that crimes and oenses have been com
Gtted but person can be called 3 criminal or an
phcnqer for doing an act which, when DONE was not
prohibited BY Law But as to the measure Of punishment
The military authorities, with only this limitation that
try 0x fha