The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-06-19
YER.NS-IN ADVANCE.

y. l. hlnard, NcwDcrrv L. IL.
W. L. Sims, Union.
j. VI. Allen, Greenville.
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Opinion OF the Attorney-GenernI us
to the Powers or tho Military Com
In:nders.
-ATTORNEY-G -GENERAL's OFFICE,
June -, 1867
The President.
SIR: On the oath ultimo, I had the
honor to transmit for your considera-
ton my opinion upon some of the
questions arising under the recon
struction Acts therein referred to.
now proceed to give my opinion on
the remaining questions, upon which
the military commanders require in
structions.
First, as TO the powers and duties
of these commanders
The original Act recitcs, in its pre-
amblc, that mo legal State Govern
mcnts or adequate protection for life
or property exist" in those ten States,
and that cit is necessary that peace
and good order should be enforced
in those States "until loyal and re-
publican State Governments can be
legally established.
The first and second SECTIONS divide
these States into five military dis
tricts, subject to the military autho-
ritv of the United States rs therein
after 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 military force
to perform his duties and enforce his
authority within his district.
The third section declares, "That
it shall be the duty of each officer
assigned as aforesaid to protect all
persons in their rights of person and
property, to suppress insu,rection,
disorder and violence, and to punish,
or cause to be punished, al! d;sturbers
of 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 necessary for the
trial of offenders, he shall have power
to organize military commissions or
tribunals for that purpose; and all
interference under color of State au-
thority with the exercise of military
authority under this Act shall be null
and void"
The fourth section provides "that
all persons put under military arrest
by virtue of this Act shall be tried
without unnecessary delay, and no
cruel or unusual punishment shall
be inflicted; and no sentence of
any military commission or tribunal
hereby authorized, affecting the life
or liberty of any person, shall be exc
cnted until it is approved by the
officer in command of the district,
and the laws and regulations for the
government of the army shall not be
affected by this Act, except III so far
as they conflict with its provisions:
P1oritled, That no sentence of death
under the provisions of this Act shall
be carried into effect without the ap-
proval of the President"
The fifth section declares the quail
fication of voters in all elections. rs
well to frame the new constitution for
each State as in the elections to be
held under the provisional Govern
ment until the new State constitution
is ratified by Congress, and also fixes
the qualifications of the delegates to
frame the new constitution.
The sixth section provides "That
until the people of the said rebel
States shall be by law admitted to
representation in the Congress of tne
United States, any civil governments
which may exist therein shall be
deemed provisional only, and in all
respects subject to the paramount au-
thority of the United States, at any
time, to abolish, modify, control or
supercede the same; and in oil cleo
tions to any Office under such provi-
sional governments, all persons shall
be entitled to vote, and none others,
who are entitled to vote under the
provisions of the fifth section of this
Act; and no person shall be eligible
to any Office under any such provi-
sional governments who would be dis
qualified from holding Office under