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


liberty life Of the accused shall have the approval or
death the approval Of the President before execution.
all taese special provisions have reference 70 Is
crime They touch other department. or junction OF
the civil administration, save only its criminal ufsc
that not to be nterercd with by the military author
ity, unless when necessity for such interference may
authority for interference with any other courts any
other than criminal courts in the exercise Of
its other departments legislative executive and judicial,
plea Of necessity to Establish by military aaSoriy.
courts or tribunals for the trial Of cy cases or for the
within the eonizance of civil courts coradistiDguish
cd from criminal courts In point OF fact there was no
act and the Freedans Bureau act, neither of which is
81 made %%Rs c SI e
courts Of these States might fan to give full impartial
protection find authority anywhere in this act for
officers state either executive OF judicial or the APP,
pOinmet OF persons TO their places Nothing short OF
the appointment Of such officer. There Is such
act clearly enough fordst The regular State officials
duly elected and quaedare entitled to hold their Offices
bound to protect not authorized to destroy. We find
the concluding clause the sixth section of the act that
made to pepetSate e Il IS enacted taS lin ali
elections TO any Office. under such provisional govern
Others who entitled to under the provisions Of
the NTH section Of this act and no person shall De eg
who would be disqualified from holding Office under the
ises ali the Officers Of the Provisional SoyemcSs but,
IN case OF vacancies very clearly points out how they arc
the people and not by any other agency or any other
power, either State Federal civil or military 4
act to comprehend such an Official as a Governor /,
OF one OF these states appointed to Office by ono
recognized BY the laws Of the State, elected by
the people Of the state and clothed such With the CHIEF
ernor for State which has no awful Governor nnaer the
pressure 81 an existing necessity S to exercise R9SeFs
vacancy oceasoned by military ORDER and TO put him
ons e P 1e oee re pEUyda Sy9S fs
c0gnizance of such an official aud he Is clothed with no
Governor is equally true as to al the other ex,
ecntiyc, and judicial officers OF the State the military
fSe% s fa SniT ONE S he 9s i
ces and thus usnrp all civil Jurisdiction into his own
from him and subject to his power OF removal,
and thus Illustrate the very night secured 70 the people
power which gives With ali its severity, the right Of
i must be preserved Imus not be understood as fixing
limits TO the power Of the military commander In cse OF
sreetqp ia one Of these states aay be s. genera and
formidable as 70 require the temporary Of all
in its place And the thing may be true as to local
disorder or riot in Teferense to the civil o.
is necessary to meet such ccrgepcies the military COM
PToper aa y Of he military where Ssaee
and order prevail Ysn BSac0 to and SnSe ts
civil officers and appoint others in their places under any
idea that the military commander can better perform hs
f 6e ssc an S "a rv q oce II KS Ss
by the lawful neumbes The act gives linn no right to
SUFFICIENT military force S SY to enable him perform
bis duties and enforce ms authority within ts
ton and riot the military comminder Is wIoiy mac,
Punishment Of criminals and offenders he may supcrcede
the civil jurisdiction His power IS to be exercised IN
his hands by which il is 10 be exercised, that 70 say
"a sufficient military force to enable such oiser to
iy tribunals OF his appointment TO Try and punish
Ssdsrs rs anss s rsy mot ~ s S &c rs
by civil officers appointed by him to perform ordinary
order preserved and criminals are duly prosecuted by
the regular criminal courts the military power tnonSn
preserve the peace to act promptly When the peace is
broken and restore order when that y done and ne
military power becomes again passive but on guard aud
t military T poad P y S THIS a
at this construction Of the act he not iGqd
What has been said indicates my opinion as TO any
supposed power of the military commander 70 change or
made conscrvaor Of the peace. not legislator his
duties military duties, executive dpess not legsa,
duties. He has authority 10 enact or declare a.
new code Of for the people within his district nndee
any idea that he make better code than INC people
mitted TO his discretion. Tie Congress, which passed
this act undertook in certain ss a 70 Sg
further necessity OF chang put were CONTENT "a
emphatic declaration that as to these laws aud such
| future changes as might be expedient, the question
SScs WAS ana reserved ss Cr the I pOun
authority OF the United States. at any time to
then, does military commander ind ms authority 90
abolish modify control or supersede any QUO Of these
ercsed by the military commanders in some OF the dis
cts would extend this opinion to an n ~ ta
districts the Governor of state has been deposed under
Governor has been appointed by the military comma
der to MI his place Thus M t tfsf
the laws Of the State whose authority Is not
by the laws he is called upon TO execute IN the same
state has been snnafiy dealt With Pho act Of Cop
ess does give authority to the miitary conmanaer IN
mai court 10 military tribSa That being the
authority the criminal courts given the ACT no
the military ccmnander But in this INSTANCE the Judge
has, by military order been elected nom his once ara =
military authority and Is now IN the exercise OF crmn
jurisdiction over al crimes I'll, %seeasSTs anS SIs
court This military epgointees certainly not aut63asd
e y ANY S%f he 'f ia. ss Ss 5 Sg g
punish any offender as Hdec Of criminal c9a 81 9
on the ssnch % 81 as sole judge il
court whose jurisdiction extends to cases involving the
cse he has the same power to take cozanco ~
capital cases, aud TO sentence the accused 20 aeeth;
We'll we'll scnsHge places; the criminal has aqiaT.
liable result for the only tribunal the only judges II
they be called judges, which military comnander
death penalty is military court composed o. poars
relief for the condemned against the sentence OF tbts
agent of the military commander IL not the SORT
court whose OF death must he first approved ny
the commander and finally by the Pesdcntt TOR hats
allowed only where the sentence is pronounced by e.
military commission Nor Is II sentence pronounceds
BY the rightful OF the State but by court and ~
Judge not clothed with authority ncr the laws OF tho
state but constituted by the military authority. AS the
this military authority tins act forbis,
interference "under color OF sl2'es authority with
districts military order commands rho iotcrnor OF the