Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1867-06-21
Friday, June 81, 1867.
THE OPINION OF THE ATTORNEY-GEN
ERAL

Attorney General Stanberry has al last pub
]ished his long looked for opinion with regard
to the powers Of the military commanders the
concluding paragraphs of which, we herewith
append. AS was Anticipated it Will oe seen
that he denies TO them the right which they
have assumed Ct removing the civil authorities.
and exercising quasi.civil jurisdiction through
their own appointees. According 10 his view
the civil and military jurisdictions are essen-
TALLY distinct and cannot be exercised through
the same tribunals. lie does not deny TO the
military commanders tho power TO suspend
civil government in case of general or partial
insurrec,iou. and comedies to them the exercise
of powers which may 10 necessary to meet
such an emergency, but holds that the assump-
tion Of the power of removal must be justified
by some such controlling necessity. We may
we'll coniceve the difficulty Of the Attorney
Gem raj in attempting to give rational inter
probation to the ill.oigestsd, vague and rcpug-
nant provisions OF the mili,ary acts, and to do
duce from them anything like harmonious
and consistent system. The attempt in these
acts to blend civil and military jurisdiction i'll
wolves inherent difficulties which no act Of the
Legislature could eludc, and which the skill
of the interpreter serves but to eliminate.
The powers Of the military commanders seem,
under these acts to be so vague aud discretion.
ary, that it is difficult TO limit their exercise
In certain emergencies they have the right to
supersede the civil jurisdiction in the trial and
punishment Of offenders, and to vest them
with the right Of determining when these exi-
gencies occur is to confer ufcu them supreme
power
Asa necessary corro!lary from the opinion
Of the Attorney General, it would seem that
an order will be issued for II e restoration Of
the deposed civil funcl clionaric,. Lut according
to the statement Of the official organ, that
would not justify the conclusion that the adj
ministrntion either contemplates or desires the
removal Of General Sheridan and others. Yet
the anticipation of this has provoked much
censure Of the President on the part Of the
Radical journals, who charge him with oh
strucling the designs Of Congress and the pol.
icy OF the Reconstruction Acts.
1t is supposed that the opinion Of the Attor-
ney General will not be officially promulgated
but without interfering with the discretionary
powers of the District commanders will serve
as guide in the exercise Of their Jurisdiction
We make the following extract:
find it impossible, under the provisions of
this Act, to comprehend such an official as
Governor OF one OF these States appointed 10
office by one of these military comm ndcrs;
certainly he is not the Governor recognized by
the laws cf the State and clothed as such with
the Chief executive rowcr; nor is lie appointed
as q military Governor for n State which has
no lawful governor, under the pressure Of an
existing necessity to exercise powers ut large.
The intention, no doubt was TO appoint him TO
hll vacancy occasioned by a military order.
and to PIT him in the place Of the removed
governor 10 execute the functions of tho office
as provided by law. The law takes no cogni-
zance OF such official, and he is clothed with
no authority or color OF authority. What is
true as to the Governor is equally true rs 10
all the other legislative, executive and judicial
officers of the State. If the military com.
mander can oust one from his Office, he cnn
oust them oil; if he can fill one vacancy, he
can fill all vacancies; ard thus usurp al civil
jurisdiction into his own hands, or the hands
OF those who hold their appointing ats from
him. md are subject to his power of removal
and thus Illustrate the very right cured 10 the
people BY this Act. Certainly this Act is rig.
orous enough in the power which it gives, with
oil It's severity The right Of clcciiug their
own officers is still left with the people. and it
must be preserved.
must not be understood ns fixing limits to
the power of the military commanders in case
OF insurrec.on or rfot. 1t may happen that an
lDsurrection in one Of these States NAV be 80
general and formidable as to require the ten,-
porary suspension Of all civil governments and
the establishment of martial law in Its place
and the same things may he true as to local dis.
orner or rot. In reference to the civil govern
ment OF the city or the place where it breaks
OUT. Whatever power is necessary TO meet
such emergency, TIE military commander NAV
properly exercise. confnc myself to the
proper authority Of the militury commander
where peace and order do prevail 1t is not
allowable to dispIace the civil offioera and ap-
point others in their places under anF idea that
the military commanders can better perform
his duties and carry out the general purposes
o! the Act by the agency Of civil officers OF
ms CHOICE. rather than by the lawful incum-
oents' The Act gives him no right to resort to
sucn agency, but does give him the right to
have sufficient military force to enable him
to perform bis duties and enforce his authorize
within tho district to which he is assigned n
the suppression Of inauuection aud riot, Tb.
military commander 10 wholly independent of
the civil authority. '... .
Sc. too. in the trial and pun nislment of Grim.
ina's and offenders. he may supsrs EIDE the civil
jurisdiction. His power is to be exercised in