The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-06-20

te htt section or this Act ami person shall DO ell
Golo tommy ohce under such provisional governments
provisions Of this Act" ''''"'. WV
This provision not only recognizes all tue officers Of
tne Provisional governments, but In Of vacancies.
rSs aass seaey points IN ont @ ow they arc o be ed and
not by any other agency any other power cicr state
hnd It impossible u1iticr the provisions of this Act.
70 sonpTchend such nu official Governor OF ono oi
eoinmanders Certainly hn is mol tho Governor reeo.
nIeJ Oy tho iiws OF tho State elected by tho people or
power Nor is ho appointed ns Military Governor FOR
State which Inns lawful Governor under The pro
Intention doubt ws to Gppo Pa e m ri Large Te
occasloned by military ORDER and 10 put him I'M tho
Of tho Office provided by law Tho law takes no coy
nzanca Of such nh official and he s clothed with no a-
thority or color Of authority
e ohGr lsgislntiyc executive md judicial officers tho
his oilcc he Gust them n il he can Mi ono vacS,
cy o can fill all vacanccs md thus sr all civil Irir.
hold cir appointments fronl him and subject 10 his
power OF rrrnorn aud thus frustrate tho yoty right Co.
rigorous cnonghin tile power which it gives with ali
lts severity tho right OF clecng their own officers ir
Imus not be understood as fixing limits to Tho power
o. tile military commander In OF actual inFlrrcc-
oil hese States bo SO general and Formidable as TO
require tho TEMPORARY suspension Of all civil govern.
riot in reference to tho civil OF o city or
to meet such emergencies the military commander may
properly .Icrcise 1conHno myself to the proper autor
" OF lilo military commander whprc poace aud order
owabe 70 displaco tho civil officers appoint others
IN their places under idea thn tho military com.
mansf can better perform bis duties and out tho
nn s sisafS so Of FIN
laf a ass ES yss @ n H. no s to g
military foreo enable him ITO perform his duties anu
onereo h!s authority within tho district to which
IN tho suppression Of insurrccton null riot the MILL
iarr commander s wholly independent OF the civil
nails and offenders. ho may supcrsc,ls The civil
jnrisdicon Ills po;er ia to be exercised in tliesc
hania by we ii is 10 So o1erciset lint Is to sSy. q.
sufficient military foro 10 cnnblo such officer to perform
n,s OF Ills own appointment 10 try unl punish orndcr
These are strictly military powers, to no executed by
Gti,orn appointed by him to perform ordinary civil
II thesn emergencies do mol lappon. Il civil order is
preserved, ani criminals duly prosecuted by tho
regular Criminal Courts tho military power though prs
serve Tho peace, 10 act promptly when tho peatn IL
S.GEIcn ,I and restore orisr When that IA d,nc and tho
CIVIL authority may nsntu safely fla functions tho
military power becomca again passive but guard md
This. tn my Judgment, is the whole scope of the mill
ary power conferred by this Act arriving Mt this
construction OF the Act have not found necessary to
rtaOrt 10 The strict conHructon which issallowabIn
What iias becu said indicates my opinion as TO any
supposed power Of the military commander TO cnnge
modify the nw6 In force. military fs
mado conservaor Of tho pcaco not Legislator His
duucs arc t1tary duties, executive duties, not lcgsln
tive duues Ho has no authority to enact declare q
now code OF nws for tie people within his district under
any idea that he can make better code than the people
have made Tor themselves. Tho public policy Ia not
committed to his discretion. Tho Congress- which passed.
s Act undertook In ccrnn grave particulars to change
saw no further necessity Of change, but content
esys a the other law. in full force but subject to this
emphatic declaration. that to these and such
lure changes ns might bo cxpediert, lhe question
r Iasl % sG or Or S
saes ct any time to abolish modify control super
IND hs authority ito abolish modify CONTROL super
sHdo' my ono OF these 1aws7
The enumeration OF tho extraordinary powers exercised
would oxcnd Tits opinion to an unreasonable length
few instances must suffice.
In ono Of these districts. tho governor OF STATIC las
been deposed under threat Of military force auo
or person. cne1 governor has been appointed by
Tho strange spectacle OF an official entrusted with tho
chief powor to execute the laws the state whose au-
execute. - -
the district the Judge Of ono of tho criminal
Act or congrcss docs give authority military com
man1cr n cases OF necessity 10 transfer jurisdiction
tho specific authority the criminal courts given hy
tho Act no othcr authority them bo lawfully
stance tho judge has, BY military order been cjocte
from Ids Office. and private citizen becn appointed
The exercise OF criminal jurisdiction .'over oil crimes
misdrmesnors and offences committed within the ter
h certainly not authorized 70 try any ono for any ocnco
as member Of military tribunal md lie has just as
~ an.noy 70 Try ana punish any offender as judge
happens that this pryate citizen thus placed on tho
whose jurisdiction extends to cases involving tho io Of
the accused II he has any judicial power In my case
cases. aud to sonenco tho accused 10 death and order
his execution strange srectaclei whore tho judge
the G has vsIS .n @ SO os Gss s
Judge. This Ia the inevitable result for tho only tribu-
nal tho only judges, thoy can 10 called Judges which
military commander can constitute aud appoint I'M
der this Act to ipasct the death penalty ia military
| s:.nitary commission"
no relief for the condemned against tho sentence
sort OF court whose sentence Of death must frat up
proved by tho commander aud finally By the prodcnt
by military commission" Nor is il sentence inro-
nounced by Tho rghtful court OF tho State but by O
tho laws Of tho State. but ututod by tho military au
horits As tho representative Of his military auth6rity
W The o his Of sa0
In another one OF these districts military order
bling OF tho Legislature and thus suspens proper
legislative power of the State III tho same district an
state from the duties, bonds books papers, &c apper
tanning to his o,ce and to put assistant Quarter
moved TrcasurerI the duties OF which Quartermaa,er-
Treasurer arc thus summed up uo Ia to mako to tho
turns required from the Treasurer and monthly Hate
mont Of receipts aud expenditures; ho will pay all
gmate expenditures for tho support Of tho Peniten
tlary. State Asylum and the support OF tho provisional
htate Government; but NJ scrip warrants for
paid without special authority from these headquarters
LIE will deposit funds In the though they
wero those Of the United States" ~
In another Of these districts body OF military cdicl,
Issued In general and special orders regularly numbered
and IN occasional CIRCULAR, have been promulgated,
which already begin to assume the Dimensions of eodo
Theso military orders modify tho oIistng law In tho
remedos for tito collection OF debts the of
Judgments and decroes for tho payment Of money aay.
Ing proceedings instituted prohibiting in certain cases
IN nIn
ton for the term OF twelyo months giving now liens TN
certain cascs establishing homestead eIom piions do.
Glazing Whnt sha BIO legal tender abDlshng certain
cascs e remedy by foreign attachment abolishing bail
In oter caseB, known actions feiico" and chang
Ing In several particuars the exstng lave to tho
punishment OF crime and directing that the
ferred TO shn be punished by imprisonment to hard
two years In tho discretion OF tho court having
on thereof Ono OF those general ORDERS baiug mum.
ber ten OF the serios contains less than seventeen
seouons emSodyng tho various changes and modifca
The question nj oncO arisen in The mind OF overy
yer what power or discretion belongs to the having
Jurisdiction OF any Of heso oencos 10 sononce criml.
nal TO any other different punishment thnn hat pro-
concluding paragraph OF this order No. TO- a In these
words: "ADy law ordinance heretofore In forcp In
North Carolinn or South Carolina, Inconsistent with tho
prorsns Of this general orler hereby huspendod
power TO suspend tho Awa but TO declare them gcno-
rally inoperatSe and assuming full powers Of legislation
\ by tho military authority. ~
Tho ground upon which these extraordinary pow.
ers arc basod Is thus sst forth in military order
No. i, ssuod in this district, 'Tho civil govern.
ment now exIating IN North CaroIina and South
| Carolina, is provisional only, aud IN all respects
subject 70 tho paramount authority Of tho Unitod States