Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1867-06-29
POETRY.
Opinion Of the Attorney General as to the
Powers Of the Military Commanders.
ATTORNEY GENERALS Orrrcr,
june II, 1867.

DIR: On the Zfth ultimo, had the hon
or to tra'lsmit for your consideration nv opin-
lou upon some of the questions arising under
the reconstruction Acts therein referred to. I
now proceed to give my opinion on the remain
ing questions, upon which the military com
nandcrs require Instructions
First, AS to the powers and duties of these
commanders
The original Act rccitcs in its preamble,
that "no legal State Governments or adequate
protection Tor ltc or property exist" in those
ten States, and that +" it is necessary that
peace aud good order should be enforced" in
those States until loyal and republican State
Governments can be legally established"
The first and second sections divide these
atatcs into five military districts, subject to
the military authority OF the United States as
thcrclnaftcr prescribed, and make it the duty
OF the President to assign, from the officers Of
the Army, general officer to the command
OF each district, and to furnish him with a
force to perform his duties and enforce his
nuthorithy within his district.
The third section declares, "That it shall
be the duty of each officer assigned MS aforc
SAID to protect all persons and property, to sup
press insurrccti"n. disorder and violence, and
to punish, or cause to be punished, all tlstur
DrrS nf the public peace and criminals and
to this end, he may allow local civil tribunals
to take jurisdiction of and try offenders or,
when IN his Judgment it may be ncccssary.for
the trial ct "ftcndcrs, he shall have power to
organlzc military commissions or tribunals for
that purpose and all Interference under col
or'ot State authority with the exercise of mil
itary authority under this Act shall be null
and void"
The fourth section provides (" that all pcr-
sons put under military arrest by virtue of
this Act shall be tried without unnecessary
delay, and no cruel or unusual punishment
shall be Inflicted; aud no sentence of any
military commission or tribunal hereby au
""hcu aiircting the lite or liberty OF any
Pc'h""' mail DO n~"rutrd nnfil :. :" "l,PiUvcd
by the olhccr in command Of the district, and
the laws and regulations for the government
OF the army shall not hc affected 10y this Act
except in SO far as they cnnaict with its pro
visions: Ir0rilr1, That no sentence of
death under the provisions of this Act shall
he carried into effect without the approval of
tho President"
The fifth section declares the qualification
of voters in all elections, as wei. tu frame the
new constitution for each State as in the clcc
tions, to be held under the provisional Gov
crnmont until the new State constitution is
ratified b. Congress, and also fixes the quail
ticntions of the delegates to frame the new
constitution
The sixth section provides "rhat until the
people of the said rebel St,trs shall be hy law
admitted to representation in the Congress Of
the United States, any civil governments
wh'ch may exists therein shall lie deemed
provisional only.and in all respects subject to
the paramount authority Of the United States
ut any time: to abolish. modify cnutr or su
pcrccdc the same and in all elections to any
office under such provisional governments. all
persons shall be entitled 20 vote. and none 9th
crs, who arc entitled to vote under provisions
of the fifth section of this Act; and no per-
sons shall be eligible to any Office under any
such provisional governments who would be
disqualified from holding office under the pro.
!. visions Of the third article Of said constitu-
tional amendment"
The duties dcvelvcd upon the commanding
general by tho supplementary Act relate alto
gcthcr to the registration Of voters and the
elections to be held under tho provisions of
that Act And as to these duties, they are
= plainly enough expressed in the Act; md it.
is not understood that any question not here
tofore considered in the opinion referred to
has arisen or is likely to arise in respect to
them. My attention, therefore, il directed to
the powers and duties of the military com.
innndcrs under the original Act
We see clearly enough, that this Act con
templates two distinct govcrnmcntsil H. each Of
these ten Statcs-thc one military, in the other
civil government is recognized rs existing at
the date Of the Act. The military govern
mrnt is created by tic Act Both arc pro-
viSional, and both arc to continue until tire
new State constitution is framed and the State
isadmitted to representation in Congress-
When that event takes place, both these pro-
visi0nal governments arc to cease. In con
temptation Of this Act, this military and this
civil authority are to be carried on together.
The people in these States are made subject
to both. and must obey both, in their rcspcc.
two jurisdictions.
There is, then, an imperative necessity to
define as clearly as possible the line which
separates the two Jurisdictions, and the exact
scope Of the authority of each.
Now ms to tho civil authority, recognized
by tho Act as the provisional civil govern
mont, it. covered every department. of civil
jurisdiction IN each Of these States. 1t had
all the characteristics and powers of State
govornmcnt-legislativo, Judicial and cxecu.
tive--and was in the full and lawful exercise
Of all these powers, except only that it was
RotehMtled to representation rs a State Of the
Union, This existing government is not set
aside; 1t is recognized more than ohoe by the
Act 1t is not in any one of it's departments