New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1867-06-07
THE MILITARY BILL-ANALYSIS CON-


TINUED.
We now only have time to partially con-
tinue the analysis promised in our daily OF
the 4th inst.
Touching many delicate points last named
we must defer for the present in order to
pay our respects to objections made to our
startling announcement that "the president
can appoint, perhaps remove and reap
point; but We take it he cannot instruct for
the law no where says so, and his duties
also are defined by law and stated the
position is capable of demonstration
akin to mathematical precision"
True enough, it startled and astounded in
more ways than one, and it is more than hint
ed that high officials at Washington city are
preparing to act upon the theory that the
president can and will instruct the district
officers; that he can and will instruct, di'
rect, and enforce instructions touching dis
trict officers duties in matters of detail I'M
der the military bill.
But we are well satisfied these hints are
not well founded. Better inspirations
surely will prevail; for if not, Congress will
surely make itself heard in tones not to be
misunderstood.
We must not lose sight of the fact that
Congress alone has power under the consti
tuition to declare war, and make final terms
of adjustments; and further we will not
soon forget the memorable fact that the
named rebel States were lately waging a
formidable war against the government,
and that although armed hostility has
ceased, quasi war state still exists, and
that under the constitution no authority
but Congress can legitimately adjust terms
of permanent settlement, aud that in the
exercise of that right they have regarded
and declared that no legal State govern
ments now exist in those rebel States, and
justly deem it their duty to give their ear
nest attention 10 final adjustment thereof,
in the mean time continuing said States
under the military authority OF the United
States, and dividing said rebel States into
five military districts for greater conven
fence and efficiency.
In the general plan and purpose contem-
plated by this military bill, we find it akin
to the formation of territorial governments
for unorganized territories, combined with
an enabling act preparatory to a recog-
milton of a full State government, matters
of more or less frequent occurrence ever
since the foundation of the government.
For the purpose Of putting the machinery
of the military bill in motion, suppose Con
gress had required the president to appoint
competent civilian superintendent, which
could have been done, instead of military
officer for each of the five districts, and just
as has been done in section two, directed the
president to detail sufficient military forcen
to enable such civilian superintendent to
perform his duties pointed out by law, it is
plain such superintendent, like the terri.
torial governor, after appointment aud due
entrance upon duty, could not be instructed
as to plain duties prescribed by law. While
he kept within the letter and spirit of the
law in that behalf, he could not be in
structed officially by the attorney general,
nor could he be dictated to by the president,
secretary of war, or otherwise.
Shonld he need military force to enable
him to perform his duty under the law, then
1t would become the duty of the president, if
called on, to- detail sufficient military
force under proper military officers to sup.
port aud aid the superintendent in the per
formance of his duties, such as registration
protection OF the rights of person and prop
erty, suppress Instruction, disorder, and
violence etc.
ia ppf ha ,ifrh &c
duties, and responsibilities of a civilian SUI
perintendent, If such the law had required,
is the precise standpoint in which we m asst
view the district military officer discon-
nected from the ordinary army duties and
routinef
The great difficulty is to cut loose the
idea of army officer from the idea Of ordi-
nary army duties and responsibilities as to
obeying orders.
But we must take second thought and
see that the military officer assigned to duty
under the military bill has an orbit therein
distinct from ordinary army duties and re.
probabilities, and that his new orbit is
created by law to which he must conform.
Many Of his duties are enumerated by law
and much left to his discretion, md con-
sidering he is independent of instructions,
his responsibilities are truly great. He can
only be checked and mated by the removing
power of the president. Congress alone
can control, curtail, or modify his actions,
or OF course terminate the whole ma.
chinery.
General Pope's action in the removal of
the city officers of Mobile is severely crit.
cised, on the alleged ground that none OF
those officers had offered any impediment to
registration or operations Of the military
bill. But General Pope acted within the
clear letter Of the law, which makes 1t his
duty to protect persons and property"
A palpsble need Of personal protection
was made manifest at the Mobile riot. Fur.
Their comment on that point is unnecessary.
HEALTH, ECONOMY, AND COMFORT.