The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-06-20

authority Thoy at lust subordinate cxccutiyr nni
execution Of er es an upon linn rcsts , l" ,nS
nSl IsspSnMsihly &c 8 ISL Tiny ere his aclScto ngcnr iiis
deems competent, hut the ;Irlv rcinairs with lin i" % sn
70 That they execute their ntics faithfully uId accord
10 true that this Act Of cougrcss only refers to the
rresidcnt IN Tho matter q selecting and appointing
these commanders. nnl In the niaitcr their powers
and dnrs under tho law. Tho Act speaks in terms iii,
their responsibility 10 Tho Prsalcn,. nor ' dos s' Il
relieve him fron Tie constitutional Obligation intposej
sn;sa %pSn hi" 70 That A' "ho laws be faithfully
Il can scarcely bo 10 cite authority for Sc,
plain proposition rs this Ervcrtclcss az VIC hny,
recent decision completely IN point. may well refer
fore Tho Supreme Court or tc United 81 Ilcp al ts lac
term, for leave flo m against the President Of fic
Acts Of conarra now under consideration. opno,
Of Tho court upon disniis'ng tia. motion. and it seems
lice make the following, quotation from the opinion
Very different is the duty tie President in tn cScr
ted. and among those laws a Acts named In ihe m y
tS frat Of these Acts ie Ia queh Ia nassu Ecnerals
sufficient military force T. ensble such officers dis
charge nI tho 1,s dnss under 70 ,w by thu supplementary
Ing g,ncrnla snd tc!r ,ics necessarily bc rcr.
anderinic The duty tns tosc on hs as prcs; Sa,a.
don't s In no Just sense mtrstcfia 1t is purely
Certain questions nve h'en proroundc,I from ono or
tese military districts touching tho construction OF tho
slider
While tho Act locs not In fcrma displace tho regular
criminal courts OF the state docs give the power 10
TIC military ronmantcr when In his Judgment
Into his own hands, AMI 10 Try aId punish ofcItlcrs by
means Of mfISpry commissions.
get reesnt %s ns. Tan "Ss s tGr %
Supreme Court OF tho Unir SaIrs to tho power of
Congress- 10 provide for military tribunals Tho trial of
citizens m tme Of peace. AND to tho emphatic declaration
hn us T a e eno n,%cr UT u o Of on
mo C9,latntion single extract from the opinion of
ce o BY no ncans asssI a, Congress enS rabs @s T's
and apply The Laws Of war where has been ccar.
prevail What we 10 nail,,sn is Iat WHEN iio nation
II involved IN waf and some portions of ie country
power OF Congress to determine III what States ur dis.
rtcts such great AMI Imminent public danger exists m
tnstihca tho authorization vf iary tribunals for tho
trial OF crimes ami against The irnr or scc,,r
ity Of Tho army or sgainBt tho public safety"
tha Act OF Congress nnd 10 quration In what WAY II
should bo executed have hesitation in saying That
would give any color OF authority for nrragnin citizcn
rsn,r nei%ro g, mili,S5E S comnsso reraon charged viii,
protected, rtRls tho Inott sacred and vfUlae and
amSng these Tho right of trial By Jury according to laws
tary commission ON criminal cnrsc. he is longer
nasr Tho profession Of law arroanea with those
conrs THIS As, S,S' @ IN ,nG Of pc,se when Il, The
Of their jurisdiction aai,orIsss al the srFctio If
nilt1ry officer tho rczur. trni ni,l condemnation of
md tho sentence may be e1rSntcl witi.on an inici
ment, without counsel, Without jury and without
accused, rcqnlra approval. If Il affects tic hcriS
oi tito accused requires te approval command.
pr,vol Of The General and Of tho President military
and executive authority -o throughout Ir The trial
tic sentence, and the execution M hn5ras Corpus from
any state court cnn be invoked this Inv declare. that
nll tcrfcrcnec. under cover Of State authority Will,
ho cLGrcise Of military authority under this Act shall
repeat IT, that rotng abort of all absolute necessity
eau give any color of authority military commander
o call INTO exercise such power Is powcr tic or.
erclse Of which may invulve im mud every ono con.
It's exercise should ho reported at once to The EIecnVc
Tor such instructions MS MAY DO deencl NECESSARY u
Questions haro nriscn whether under this power these
n,nsy e9ip,nssl"ners can tako cognzauce OF offences
fy ean r " l, ana punish Tr aes not made crimes
mn clearly Of opinion uloy have no urisdtc inn
ut haa uot ca" nS Tux S Scoz"nsS Of no offence
much as tie tie tbn 10 pSs an aT tho hook sSr o in5s AS
gree OF pu, ishmtn cstnlscd by this Act Eo must
iso %oa I anu OF n@' an G @ .o SthSr
Therefore. In the ascnce oi any angnnge whirl gives
.nS act Retrospect do not hesitate to say. IL cannot
There Is legislative power given under tla Military
Dnl 10 establish new criminal code Tho authority
given ia to try aud punis, criminals and OFFENDERS and
this proceeds upon the idea tim. arnes and offences
criminal ofInIor for doing on act whish, whom
done. was not prohibcd by law
Obliged 10 say that il IL len altogether TO tho parv an
torcs with only ihia limitation that ihc
nry commission may Try The accused. x tho measure OF
pnniahment even TO the penalty OF DEATH and
Affects the "life property OF person that II nec he
approved bT the commanding general and only in
the approval OF the President.
As to crimes oencos against ule the United
them nor IN any way interfere with the regular adnlinis-
r1eon OF i1st.ee by tho arpropriato Federal Courts
arising under these laws gave at urgp for your con.
sldeTanon nc Erons upon which my conclusions
clusions In concs and clear summary. now proceed
TO execute that purpose which Is especially neccs-
sary nom tho confusion aud doubts which have arisen
upon That opinion In the public mind, caused III part iy
The errors othe telegraph and The in It's pubcaon
and in patt by The innptitnn OF the general fol
low carefully tho sueccssirc aud dependent steps or
rro'racod legal opinion s;,,,,,,nv
IT., WHO t,, AnE EsTITlTD To REoIsTnNTIoN2
hnes all the qualifications required and every person
who eau taka that oath ia entitled &c layc hia naino On.
2. Tho Dourd Of lteGisirauon havo no authority to
any othSr oa to e peracn applying for
any oath TO any other person touen. Sr ie
Of tho applicant or the fahity of the oath taken by
ydcs that false o person akng il shal be 1is ppS
punished for perjury.
No provision u Ilade for challenging tho qualifications
OF the applicant or entering any trial invcstgu
non OF hls 9aancatone either By witnesses any other
8. An to citizenship and rcadence .'t'Ht St.
saiS o o INT for mnst DO citizen Of the
county included in tho nlsction district Ho may be
registered he las bcGn such citizen tor n period lcas
than twolye months at tho o applies for rcgis,ra.
uon but ho cannot vote nt election unless his cizeu
ship hus then extended to tho full term year Aa
should be noted opposite his tho list 80 Tint Il
may nEpear tho day election upon reference 10 tle
Lat. whether tile l term has ten neon nccomplisicl
l. An unnaturaizcd person cannot take this oatl hui
an alien who has been naturalzcd take It, and no
other proof Of naturalization DO required from him.
g. No ono who Is not twentyone years OF ago ut tho
amo or registration take tile oath, must swear
that he has then nttancd that uge.
o. No one who las bccn dRfrancs for particpation
IN any teoelon against the United States felony
States. con safely take this oath. H. = - =
The actual participation IN rebellion the aciun,
commt9ston OF fol0ny docs amount ~ diafr,nciBc-
ment Tho sort Of dairanrhsennnt hero meant ~ that
which deca:cd by law passed. by competent authority
or which has boon med upon tho cri,nul by tic son.
tence Of tho court which tried him for tho crime
No law Of the United StatGa Inns declared Tho penalty
OF dsfranchisemont for participation rebellion alone
Nor fs known that any such law exists In either of
theao ton States except perhaps Virginia. which
~ 70 dyrdnehittment arifinG from, harng held Office
Joaotced oy participation in rebellion. = . =
This ts trc most important part OF tile OATH aui re.
qures etrict attention TO nrryc ut its nauanne deem
Propar TO give tho cxnot worls Tho applicant must
swear or affirm us follows: !:
"That hAye bean q mcubar of npy STATE rep.
isiaurc, nor held any executive judicial oro, In any
Soto aud Afterwards engaged nsrrection or ro-
bollion against the Unit Satcs or given mid or comfort
10 tho enoinies thereof Inst haye taken oath
as mennber OF Coprs tho United stntcs or as nn
oh'cer OF tho Unof l. or as moubcr OF nny Statc
STATE 70 support uo constitution Of tho United States
and aiterwnrds engaged In insurrocon robt uion
against tho United staes, given aid comfort 10 tho
oncmlos thereof" -
i fTxaA aIn ,nx.k.F Il