New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1867-06-12
MILITARY BILL--ANALYs1s SUMMARY

| EDITOR REPUBLICAN,:
Your correspondent now closes his analy-
sis by the following summary of points
| covered by the publications of May 80, June
| 4, and June z.
First-That the State governments or
gained since the cessation of active hostili-
ties in the ten rebel States are only de Jfdcto
governments, congress having solemnly de-
clared "no legal State governments exist in
those States.n
| Second-That de facto applies to each of
the coordinate branches of government,
legislative, executive, and judicial. Good
| during sufferance.
ThiId--That the State governments or
ganized by President johnson in said rebel
States were SO organized by him without
| authority from the constitution or any law
| of congress. W
Fourth-That said attempt to organize
State governments in the rebel States by
/ President johnson was a palpable infringe
ment ON the plain prerogatives, of congress,
/ wherein the constitution lodges the power
to declare war and make final and perma-
nent adjustments upon the termination
thereof.
| Fifth-That it was the plain duty of Presi-
| dent johnson on the cessation of hostilties
| to have convened congress in extra session,
to lay the ground work of final adjustment;
and his failing to do SO, but undertaking it
| himself was reprehensible and unWar.
ranted on his part.
Sixth-That congress has wisely and Just
| ly set the presidents work of reconstruction
| al aside by this military bill,- and prom
| erly asserted their own legitimate authority
under the constitution, by devising and pro-
| mulging plan for final adjustment, and
complete restoration in manner akin to
territorial organizations.
Seventh-That the military bill plainly
and Enthusiastically points out the presidents
duties beyond which he cannot go, and that
it is manifest that congress jealousy guarded
against him, that they predetermined that
neither the president nor the secretary of
war nor the attorney general who are
simply executive appointees, should have
power to peremptorily instruct the district
commander in matters plainly within the
sphere Of his duty laid down by the law.
| Eighth-That the military officer after be-
ing assigned to duty Of district commander
which to act, distinct from the ordinary
army routine, not being however entirely
/ severed from the latter.
| Ninth-That when the supplement to the
military bill declared it to be the duty of
| the officer in command of the district to
"cause registration to be made,n con
gress did not mean that the president
should again have power to intermeddle, by
peremptorily directing and instructing who
shall be registered or how registration shall
| be conducted.
| Congress predetermined that matter them
selves, leaving much to the good sense and
| discretion of the officer in command.
| This does not preclude the idea of sug-
gestion, counsel, and advice.
| Tenth-ln this matter of reconstruction
| of rebel States the district commander does
not render an account of his steward
ship to the president or secretary of war,
| or even to General Grant.
| He accounts alone to congress by show.
| ing final results in the formation of new
State governments, to be submitted to the
| final approval OF congress where the para.
mount authority rests.
| Eleventh. Thisibrings us to,the point before
asserted, that the district officer must con-
suit the VIII Of congress alone, as to be UNI
| derstood from laws enacted a
/ Tweifth-That each district officer in his
orbit created by the military bill is superior
| to any de Jdcto rebel State government, or
any branch thereof over which he is
placed, and that he can permit the
continuance of any branch of such gov.
ernment or tribunal, or he may remove,
suspend, or displace any de fdcto Off,
Ger of State government within his district,
1 upon such causes as he shall deem satisfac.
tory to himself, as in the case of the removal
Of the late Governor Wells by General p. H.
4 SHERIDAN. 4ttf1l 1lta 40 -ff IS
Thirteenth--That 1t is highly improbable
that the secretary Of war viii counsel In
reference by peremptory instructions; lie is
himself too good q lawyer for that
Fourteenth That the military bill does not
mention that 1t shall be any part of the
duty of the officer to revise or modify anv
decree of any civil court adjudicating pure,
~ civil matters relating to collections, etc.,
but BY virtue of the injunction of the
law that 1t shall be his = duty to protect
| the rights Of person and property; y in order
TO perform such duty he may suspend or
annul the execution Of a pretended judicial
writ issued In pursuance of a colorado
Judicial decree founded in fraud collision;
l or political prejudice, and made to subserve
the petty spleen Of some individual or indi-
| yiduals, and that the execution of such color
able judgment or decree would result in
trespass or other tort to the rights of prop
erty Of any individual or individuals.
What has been said as to the power Of re-
moval Of officers, etc, Is of course con-
fined to6tate governments and tribunals
not meant TO apply TO the United States dis
trict or circuit courts, they having been
established by congress, and consequently
the origin co-equal with the military bill.
Your obedfent servant, rs as1i.1 q