American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-07-03
Snistellaneous.
ECON TRUC TIONI
Removals by Military Commanders
Opinion of Attorney General Stanbery

WASHINGTON, June Is Attorney
General S5dubery's opinion as 20 the pow
er of military cummaulers starts out by
a recital of the sections OF the original
act applying thereto He saiS: We soc
clearly enough that this act cnutcmpiates
two distinct governments IN each of the
ten States, the one military, the other
civil The civil government is rcco5-
nized as existing at the date Of the act;
the military government is created by the
act. Both ae provisional, and both are
to continue until a new State constitu>
tion is framed and the State is admitted
to representation in Congress. When
that event takes place, both Of these pro
visional governments are to cease. In
contemplation of this net, this military
authority and this civil authority are to
be acted on together |he people in these
States arc made subject to both, and must
obey both in their respective jurislic,
tions.
There is, then, an imperative necessity
to define as clearly as possible the lne
which separates the two Jurisdictions, aud
exact scope of authority to each. Now,
as to the civil authority recognized by
the acts, Is the provisional civil govern
ment it covered every department of
civil Jurisdiction in each of these States.
1t had all the characteristics aud powers
of a State government, legislative, judi
ciai and executive, aud was in the full
and lawful exercises OF these powers, ex
cept only that it was MT entitled to rep,
resehtatlon as Il State Of the Union This
existing government is not set aside; it
is recognized more than once by this act.
1t is not in any one of its departments or
any of its, functions repealed OF modified
by this act, save only IN the qualifications
of persons eligible to Office, he manner
of holding elections and The mode OF
framing the Constitution IF the States
The act does not in any other respect
change the provisional government, nor
does the act authorize the military au>
thoriry to change It. The power of fuI.
Tier changing 1t is reserved, not granted,
and it is reserved to Congress. not dele~
gated to the military commander.
Congress was not satisfied with the
organic law or Constitution under which
the civil government was established
That Constitution was to be changed in
only one particular TO make it ceDtab e
to Congress, and that was in the matter
of the elective franchise. The purpose,
fhe sole object of this act, is to effect
that change, and to effecr 1t by the agency
ot the people of the State VI such Of
them as are made voters, by means Of
elections provided for in the act, aud in
the meantime, to preserve order and pun,
ish offenders, if found necessary, by mili-
tary commissions. We are, therefore,
not at a loss to know what ptwers were
possessed by the existing civil authority.
The only question is updn the powers
conferred on the military authority We
see, first of all, that each 81 these States
is subject to the military authority Of the
United States, not e. ne a,iliihry author.
ity altogether, bat with th3s express linn
Sitation as hereinafter prescribed We
must, then, examine what is tbereinafter