The Vinton record. [volume] (M'arthur, Vinton County, Ohio) 1866-1891, 1867-06-27

| IOucneu.
The Civil Rights act and the
Freedmen Bureau act made ample
provision for all merely civil rights
where laws or courts of these States
might fail to give full and impair
tial protection. No authority exists
anywhere in this act for the remov-
al by the military commander of
proper officers of the State, either
Executive or Judicial, or for ap-
pointments of persons to their
places. Nothing short ofa express
grant of power would justify the
removal or the appointment of such
an-ofiicer. sFhereis.no7 grant
either expressed or even implied.
| On the contrary, the act clearly
enough forbids it. The regular
State officials, duly elected and
qualified, are entitled to hold their
offices. They too have rights which
the military commander is bound
to uphold, but not authorized to
destroy. l find impossible, under
the provisions of this act, to COM
perhend such an official as a Gov
ernor ofone of these States, ap-
point to Office by one of these
military commanders. The law
takes no cognizance of such an Of
| ficiai, and he is clothed with no au-
thority or coler of authority. What
is true as to the Governor, is equal
! ly true as to all the other legislaS
tive, executive and judicial officers
of the State. Certainly the act Is
vigorous enough in the power which
it gives. With all its severity the
right of electing their own officers
is still left with the people, and it
must be preserved. .'r ..
This opinion is confined to the
proper authority of the military
commander where peace and order
prevail. In case of actual insur.
rection or violence in these States,
so formidable. as to require temper
airy suspension of all civil govern
ment, and the establishment in its
place Of whatever power is neces.
saly to meet such an emergency,
the military commander may pro-
perly exercise any power. In the
suppression ofinsurrection and riot,
the military commander is wholly
independent of the civil authority.
So too, in trial Of criminals and
offenders. He may supercede the
civil jurisdiction. If civil order is
preserved, and criminals are duly
prosecuted by the regular Criminal
Courts, the military power, though
present, must be passive. Its pro-
per function is to preserve the
peace, to act promptly.when this
is broken and restore order. When
that object is done and civil author
ity may again safely. resume its
function, the military power be-
comes passive, but on guard and
watchful. This is the scope of the
military power conferred by this
act. The military commander is
made a conservator Of the peace,
not legislator; his duties are mill
tary executive duties not legisla.
tive duties. Congress reserved to
itself the power to alter, amend or
abolish such laws as it had not in
terfered with. Where then does a
military commander find his author
ity to abolish, modify, control or
supercede any one of the laws9
The Attorney General proceeds
to specify some of the acts OF the
military commanders which, in his
opinion, have exceeded the mill
tary power under the law. In one
District the Judge of one of the
criminal courts has been summar-
lily dealt with. The act of Congress
gives authority, in case of necces-
sity, to the military commanders
to transfer the jurisdiction of a
criminal court to a military tribun-
al. No authority can lawfully be
exercised over them. No appointee
of military commander in place
of a Judge superseded can lawfully
exercise authority either as a civil
magistrate or member of a military
tribunal. The commanding Gen
eral OF the District of North Caro-
lima and South Carolina construes
the act of Congress as placing him
upon the same footing as regards
power and authority, as Congress
itself. He assumes that the para
mount authority of the United
States to abolish, modify, control
or supersede, is vested in him as
fully, as it is reserved to Con gress.
He assumes directly or indirectly
the authority of the State, legisla-
a. Il -.