Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-06-22
THE ATTORNEY-GEN OPINION
UPON THE POWERS or MILITARY
C0MMANDERS.

UPON THE POWERS OF MILITARY
COMMANDERS.
ATrORNEY-GESERAL' OFFICE,
The President:
Sirl On the ,6v.i ultimo I had the
honor to trana = for your consideration
my opinion pom some Of the questions
azwrErunder the reconstruction acts
non-avnlre referred to. L now proceed to
thorongbI 1 Dinion on the remaining ques-
tions, u6USS which the military command
ers require instructions.
The VARIOUS SECTIONS OF THE MILITARY BILL
REFERlEp TO AND QUOTED
First, as to the powers and duties OF
these commanders.
The original act reeites in its preamble
that "no legal state governments or
adesy ,ste protection for life or property
ext fltAEsIi rae ten states, and that q it
is nSska nny that peace and good order
shoi.e~n1 1e enforced - in those states
tuntil loyal and republican state gov
ernments can be legally established
The first and second sections divide
these states into five military distrjets-
subject TO the authority Of the U5ublfe
States as hereinafter preseriscure for
make it the duty of the presiddespe-
assign from the officers of the army q
general officer to the command of each
district, and to furnish him with mill
tary force to perform his duties and en-
force 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
insurrection, disorder and violence, and
TO punish, or cause to be punished, all
disturbers OF the public peace and crimi-
nails. and to this end he may allow local
civil tribunals 20 take Jurisdiction of and
try offenders, or, when, in his judgment,
it NAV be necessary for the rfial OF OF
tenders, he shall have power to organize
military commissions or tribunals for
that purpose; and all interference under
color of state authority 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 bs viz
tue of this act shall be tried without un-
necessary delay, and no cruel or unusual
punishment shall be inflicted and no
sentence of any military commission or
tribunsl hereby authorized, affecting the
life or liberty Of any person, shall be
executed until it is appFnved by the Of
fioer in command of the district, and the
laws and regulations for the government
of the army shall not be affected by this
act. except in so far as they conflict with
its provisions TrOvided, That no SEN
tepce of death under the provisions OF
this act shall be carried into effect with
out the approval Of the president"
The fifth section declares the quaLh-
cation of voters in all elections, as well
TO frame the new constitution for each
state as in the elections to be held under
tha nrovisiosai government until the
navv STATE constitution is ratified by con-
gress. and also ixes the qualifications Of
The delegates to frame the new constitq-
ton. a.,
THE sixth section provides That until
the people of said rebel states shall be oy
law admitted TO representation IN the
congress of the United States, any elvh
Governments which msy exist thereln
shall be deemed provisional only, ana IN
sill respects subject to the paramount au-
tbority OF the United States at any Tune
to abolish, modify, control or supersede
the same; and, in all eleetionsi 70 any
Office under such provisional govern
ments, all persons snail De ehIltlsu 70
vote. and none others, who are entitled
IN vote under the provisions of the fifth
section of this act and no person shall
he eligible TO any Office under any such
nrovisional governments who would be
DISQUALIFIED from holding ottiee under
the provisions of the third article OF SAID
constitutional amendment"
The duties devOlved upon the COM
manding general by the supplementary
act relate altogether to the registration
Of voters and the elections to be held un-
der the provisions Of that act. And as
to these duties they are plainly enough
exnressed in the act, aud il Is NOS unoer-
stood that any question not heretofore
considered in the opinion referred to has
arisen or is likely to arise in respect 10
them. Nv attention, therefore, Is dl-
reeted to the power and duties OF TIE mil
ltary commanders under the orlglnai act
rwo DISTINCT GOVERNMENTS N THE ThN
STATES, ONE AILIfAAh 49, y, t rsS sfTff,kIs n
ASp BOTH CoNfhlifAA iAD -
BILL
We see clearly enough that this act
eonteuplates two distinct gOFerpmentsi
~ aach III these ten states, the one mill
tarv- the other civil. The civil govern
ment Is recognized as existing at the
date of the act. The military govern
nent is crested by the act. Both are
provisional and both are 70 continue
until the new state constitution Is
framed and the stats is admitted 10 rep
.resentatiOn in congress. Wneh tnA5
event takes place, both these proylsionai
governments are to cease. In centem-
plation of this act, this military author-
ity and this civil authority are 70 De car
ried on together. The people IA these
states are made subject to both, ana
must obey both, in their respective Jaris-
dictions.
TIE MILITARY BILL DOES NOT AsD 1lD not
r,rTE-su no SGT ASIDE THE CIVIL GOVERN
nENrS In TIE SOUTH
There lie, then, an imperative necessity
to define as clearly as possible the line
which separates the two Jurisdictions
and the exact scope of the authority OF
each.
Now as to the civil authority, recog-
: -. 80 &c fha t,rnvlsiOnai civil