American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-07-03

the power granted. This, then, is what
is granted to the military commander,
the power or duty to protect all persons
in their rights of person and property,
to suppress insurrection, disorder and
violence, aud to punish or cause to be
punished all disturbers of the public
peace and criminals, and he may do this
by the agency of the Criminal Courts OF
the State, or if necessary, he may have
resort to military trials This compro-
misses all the powers given to the military
commanders.
There is general clause making ii the
duty Of the military commanders to give
projections to all person. 10 their rights
of person and property considered by
itself and without reference to the con.
text, aud to other provisions Of the act,
it is liable to its generality to be misuu-
derstood. What sort OF protection is here
meant? What violations Of rights Of
persons or property are intended In
what manner is this protection to be
given? These questions arise at once. IL
appears that some Of the military com
manders have misunderstood this grant
of power as all comprehensive, conlerrlng
on them the power to'remove the exec
utive and judicial officers Of the State,
aud to appoint other officers in their
places to suspend the legislative power
Of the State TO take under control oil
fcers appointed by themselves the col
lection and disbursement of the revenues
Of the State to prohibit the execution
Of tile laws of the State by the agency oI
It's appointed officers aud agents; to
change existing laws 10 matters affecting
purely civil an private rights susp ,ud
or enjOin the execution of Judgment aud
decisions Of the established State ourts :;
to interfere in the ordinary administers
tion of justice in State Courts by prc.
scribing new qualifications for jurors,
and charge upon the ground Of cxpedl
ency the existing relations Of the partie
to contracts, giving prptac ion to one
party by violating the rights OF the other
party.
| feel confident that these military
officers, in all they have done, have sup
posed that they had full warrant for their
action, Their education AID training
have not been of the kind To tit them for
the delicate and difficult task Of giving
construction TO such statute as thar now
under consideration. They require iu,
suuction, and nearly all OF th, IN have
asked for instruction to sov" Their own
doubts, and to furnish them sale quart
for the performance OF their duties -
There can BE- no doubt as to the rule Of
construction according to which we mus
interpret this grant of power 1t is
grant of power to the military authority
over evil ri hts aud citizens in time oi
peace. tits new jurisdiction never
granted before, by which, in certain par
ticulars and for certain purposes, the es
tablished principle that the m littry saal
bc subordinate to civil authority il re
versed. The rule Of construction to be
applied to such grant of power is thu,
stated in Dwarris on Statutes. page 652:
F." A statute creating a new jurisdiction
ought to be cOnst ued strictly"
The Attorney General proco dS to tbs
construction OF vari us portions of he
act. The act does not give power to con
fer new rights, but only to protect those
that exist and are established by the laws
under which these people live. 1t is a
power to preserve, not to abrogate to
sustain the existing frame of social order
and rule, and not power to introduce
military rule. 1t is given to meet the
contingencies rected in the preamble, of
want Of adequate protection for life and
property. This duty or power Of protec
tiou is to be performed by the suppres.
sion OF insurrection disorder and viz,
lence, &c, aud it is declared that all
interference under State authority in the
exercise Of this military authority, shah
be null aud void These special piovis
ions touch no other department or func
tion of the civil administration, save only
its criminal jurisdiction, and even as 10
that, the clear meaning f this act is that
it is not tn be intariered with by military
authority, unless when ut eessity for such
interference may happen to arise The
existing civil authority, in all is other
legislative, executive and
Judicial, is left Untouched. The civil
rights act and the freedmcn's bureau act
made ample provisions ior protection of
all merely civil rights where the laws or
courts OF these States IN ght fail TO give
F4 Il and inpartial protection.
| fad NJ authority sny where in this
for the removal by the military com,
manGer of the proper officers of the State,
either elective or judicial, orappointments
of persons to their places Nothing short
of an express grant of power could justify
the removal or the appointment Of such
an officer, There is no such power either
expressed or even implied On the con,
trary, the act clearly enough iorbils it.
The regular State officials, duly elected
and qualified, are entitled 10 hold the
Offices. They, too, have rights which the
military commander is bound to protect,
not authorized to destroy
: ! fnd it impossible, under the provis