The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-05-16
From the New York Times, (Republican)
HsmcromcIAmemtn OfNHiIltary Power
VIVA I'm the South.

in the south.
The authority of brigadier generals
is fast making itself a reality in the
South. The reasonable Interpretation
: Of the intent of the reconstruction net
is, that military power shall be abso-
Lutte in all that pertains to the purposes
comprehended within the law, but no
further. 1t is, in fact, merely the agen.
cy created for working the machinery
; of the law, with view to the reorgan-
ization ofcivil authority, and for meet
ing possible emergencies arising
out of the present provisional arrange
ments. The duty Of the military com
mander, as we understand it, is to rec.
tify wrongs and errors of omission or
commission perpetrated by existing
local authority. Apart from these
contingencies, his functions would
seem to be restricted to whatever may
be necessary to the execution of the
| plan of Congress as embodied in the
| law.
| Under rigid adherence to this con-
structon of military duty, perhaps
Gen. Sheridan's. removal of Mayor
Monroe and other obnoxious officials
might not have admitted of justifca-
ton. 1t was an exercise of power
which comes properly into play only
when provisional functionaries seek to
annul or circumvent the law. In
this particular case, however, the pro-
ceeding ELECTED little criticism because
Of the VIGOROUSLY bad record of the
officials removed. Gen. Sheridan is
held justified on the ground that their
positions would unquestionably be
used adversely to the law
The orders of General Sickles alter
ing the civil and criminal codes oil
North and South Carolina were of a
more doubtful character. To the ex-
tent that local statutes conficted with
| the provisions of the civil rights act,
the Generals interference may have
been necessary. But there is nothing
that we know of in that act or in the
reconstruction act, which, in letter or
spirit, warrants commanding officer
to say what offences shall be felonies,
or how offences shall be punished; or
which, by any process of reasoning,
can be made to justify interference
with the claims ofcreditors, or the dis
position to be made of property sub
ject to liens. And yet the orders, al
though extraordinary and on their
face unlawful, called forth no protest
from the communities concerned, and
only exceptional condemnation from
the press of the country In the
Carolinas and throughout the South
ern States there has been an evident
desire to judge the. orders charitably-
to attribute their PRONUNCIATION to
peculiar local circumstances best I'M
stood by the commanders of the dis
tricts, and in some degree also to a
humane desire to mitigate the penal
ties of poverty, 50 far as these may be
affected by the operation flaw.
In Virginia military, authority. has
manifested itself in forms that are
wholly inexcusable. The order Of
General Wilcox forbidding fellow
who has neither character nor talent
to deliver a, lecture ON sSouthern
Chiyalry' was the result of consurn-
mate official folly. General Schofield's
g warming to the Richmond Times
was equally arbitrary and unwise --
Neither is susceptible Of palliation nor
defence. 1t would be as sagacious to
command donkeys not to- bray as to
prohibit Pollard from INDUCING in
rant and nonsense at street corners or
in any room that he may hire for the,
occasion. What Pollard might say
could harm nobody; when he does
anything contrary to law, the law will
be quite sufficient for its own vindi-,
cation. Until the civil law fails Gen
eral Wilcox has no right to meddle.--.
So, again, with regard to Gen, Soho
field and the Richmond newspaper
The establishment of censorship is
simply usurpation, and usurpation
which challenges the judgment of
every man who, values freedom of
speech and the press. For our Rich
mond nalnesake, though hostile to the
reconstruction law, has not transcend
ed its right, and the right of every
man, to comment upon both the law
and its administration.
The Southern press, indeed, is en-
titled to great deal of credit for the
moderation Of it's tone, and for its
prevailing inclination to deal fairly
with the momentous problem which is
now undergoing solution. Here and
there a rabid rebel sheet may, be
found, but the number throughout the |
South is SO small as to be unworthy |
Of notice. The greater number of
journals published in that section are
pursuing course which cannot be too
highly praised. They may not APP
plaud the law on its merits, but they
counsel compliance with its require
ments, and are earnest in their desire
20 get back to the full fellowship of
he Union. Offew can this be said
more justly than of the Times and
Picayune, of New Orleans, which ac-
,ording to a statement in circulation,
nave been "unofficially warned"
their articles on the recon
truction act. The statement is
creulDle, SO temperate, ana
vithal SO sensible, have been the OBJ
creations and recommendations of
10Th the journals named since the pas
age of the law. The proceeding of
seneral Schofeld at Richmond, how D
yer, renders possible the exercise of
he censors authority at New Or
cans, though from this wrong we trust
General Sheridan's good sense will
reserve him. /.
Still another encroachment is re-
orted from Texas. An order issued
y General Griffin excludes from the ;
iries of the State all citizens who may j
ave directly or indirectly aided the
ebellion. Henceforward, General
iriffin DEGREES, the test-oath shall be
pplied to jurors, and only they who :
an take it shall be permitted to serve. \
he legal authority for this order
as not been cited, and none
In be found. The reconstruction act =
ontains no provision upon the subject v