The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-02-25
OH A r T. ESTON. =
MONDAY MORNING, FEBRUARY rs. 1857.

CH A r T. ES TON.
Y. MONDAY MORNING, FEBRUARY rs. 1857.
BR1GADIER-GENERA THE
7.3 sa: .s:.-a3. &" r SOUTH. ' = $, Z :t-f, s.,
In our Saturdays issue We published the full
text of the Military Reconstruction Bill, which
passed the United States Senate on the evening Of
the Goth. We now propose to examine into it's pro-
visions little further. It opens with preamble:
Whereas no legal Stpte governments or adequste
| protection for Life property now exists IN the
| Rebel States Of Virginia." etc.,-"and whereas it
i is necessary that peace and good order should be
| enfo. ced in the said States until loyal and Repub
lican State governments can be legally establish
i ed" AL mere assertion without word of wellsub-
stantiated proof; yet deemed sufficient reason for
q most unwarrantable interference with constitu-
tional liberty. Butit is evident the main outlines
\ OF this reconstruction policy had been pre-de
termned, and that the reasons for the same were
| afterwards pre6xed, to preserve show Of consis-
tency. W VI 81 I'd. t s.-s " I. -,--s.ss t.s-s q "a
If Congress really mean what they say in this
preamble, they declare the ten Southern States in
anarchy; there is no lev, end c7o1j oas who secs
fit SO to do, may commii any crime with impunity.
| It is idle for us to contradict these assump-
tons. They are not fects, nor even based fact.
| This, our readers know; and this also know the;
members of Congress who enacted the SHERMAN
| WusoH- -SHE1LABARaEB Bill. The people Of the
North, many Of them at least, doubtless believe
the assertion confined in the aforesaid preamble;
but as nothing that we can say vii reach them,
We forbear dwelling further on this part Of the BILL
| The South then is divided into five military dis
tricts, Of which North and South Carolina, shall
! ksk~.I1
an officer Of tho army to each Of these districts,
that allowance in that part Of the new military
district lately known the State Of South Carolina
| Will be just half brigadier. Said brigadier can,
if he fit leave intact the existing State govern
ment, lin far at least the administration ion Of
justice is concerned), or he may organize Military
Commissions for the trial Of offenders. tg,5-.
It gives him unlimited power, both Judicial and
executive, the only restriction being that the ap
proval Of the &resident is necessary, before any
sentence Of death can be carried into effect under
this Act. He can, if he sees fit, setasde the entire
| machinery Of local government, and with his
agents take their, place. The Provost Marshall
may sit in the Court of Sessions and COMMON
Pleas. The Genral, or one of his assistants, run
| the Chancery Courts The Assistant Provost Mar
shalls VIII, perhaps, furnish our local columns
with the items hitherto supplied by the Mayors
Court. - IA .:f +, - a ~
It is e curious feature, certainly, in nine
teenth century civilization, to see the whole macli-
merry Of constitutional" government, executive,
judicial and Legislative, the hands Of q legally
constituted military despot, to ell intents ana pur-
poses absolute within the limits of his departe
The privilege Of hobeds corpus is not suspend
ed,-as was the case in STEvENs' original Of this
Bil,-but there will be such difficulties connected
with the issuing OF Srts etc., that We fear it win
not be often resorted to; especially as the Sd sec
ton OF the Bill contains a clause declaring null
and void f:a interference, under color OF State au-
thority, with the exercise Of military authority
under this Act. I - sst t;41 90
But the civil side Of the Court is even worse. if
possible There there Is not even a military com-
mission to try the causes. Whatever is done is
left purely aud npso1u5eY m yne commanuants
discretion. He is not bound to report his deci-
sions to any one, but may sit, as SAINT Lou1s, Of
France, USED to-, under q: tree by The roadside;
and administer primitive Justice to whoever comes,
with or without ssmoney or price" The whole
PROPERTY Of State {says the Cincinnati coqnme,,-
cial, in sensible article on this measure) VIII be
at his discretion, and II he becomes rich, he may
say, as WARREN HASTINGS did OF his wealth
amassed in India, that he is amazed that he did
not become richer, since all the treasures Of the
country were at his feet It isuseless to cay that
it is not anticipated that local tribunals will be en-
tirefy set aside when the military Office is fully
and in explciH terms authorized to set them al
aside, and their authority, even if they are per-
mitted to exist, is fatally attacked when they are
declared to be parts Of q pretended" Govern
ment. NJ g ..ztS f,r..,,7r ! ~
But section 9Th shows q, way Of escape. This
Act is only provisional the exercise of military
authority only temporary. Certain conditions hay
ing been complied yith, the Brigadier makes his
bow, and we can go to Congress-. The following are
the conditions:: -, s -. 49, g.
l. The people Of the said rebel States may form
q constitutional government. ~
2. Such government must be framed by con
venton. s*:y. .,,., .,s, AL: I. ., -..y.,
5. The delegates to- this Convention are to be 1
elected by male citizens Of said State twenty one
years Old and upward, Of whatever race ,ccler;ofa
previous condition, excepting only certain class
OF serebels, !" and likewise convicted criminals.
4. The constitution, framed by the convention,
appointed aforesaid is to confer suffrage ON all
except the parties excluded as sboYe. 5 :,
s. This constitution is to be ratified By a maiop:
ity Of the people, al. taces, colors, conditions.
etc. except rebels" Of certain degree, and Grim
inals. a4 go
6. The Constitution Is next to be submitted to
Congress for examination and approval.
But the State is not yet ripe FOR admission to the
Union. More still viii be required from the pro-
bationers. 5.9. .1.4
2 en-,Congress shall have approved the Com
:stitution thus made and ratified, and when said
State by vote Of it's Legislature, elected under
such consdtuti shan have adopted; ;the con-
s6tutiosl Amendment" and: when .ssaid Amend
nent shall have become part of the Const ution
Of the United States, said State shall bedeclared
entitled to representation In Congress and
8. Senators and Representatives shallbe admit
ted thereftom on their taking the oath known as
the Iron Clad. 4s - 4
3. Then and thereafter the preceding Sections
OF This Act shall be inoperative in said State, |
H. Now comes 1Wlson's amendment. uroyided
thatno person excluded from the privilege o6 hold,
ing ofticeby the Howard amendment .ahal bs eli- |
glble to election as member Of the Convention Is
ftama constitution for any Of these States nor
shall any such person vote for said convention.
II. shellabarger's amendment lsection 9Th of the |
BID goes on 70 say, that until the said Rebel STATES
shall be by law admitted to representation in Con-
gress, any civil government which may exist there
ln shall be deemed provisional only subject 70 the
paramount authority Of the United States ut any
time to abolish, modify, control or supersede the
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