The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-03-23
The Military Bill-Forced Construc-
tons.

The Charleston Mercury exhibits more
ingenuity than candor in making points
against the Sherman law. 1t argues in the
face of the plain meaning of the law that
civil, case, cannot now be tried by our
courts. The following is the section upon
which Il relies TO sustain this point:
asEcr,oN 8. And be it further enacted,
That Il shall be the duty of each officer
assigned as aforesaid to protect all persons
IN their rights Of person and property, to
suppress instruction, disorder, and yio-
lence, and to punish, or cause to be pun
ished. all disturbers Of the public peace
and criminals, and to this end he may al
low local civil tribunals to take jurisdic-
ton Of and to 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 un-
der color Of State authority with the exer-
else Of military authority under this act
shall be null and void"
Now, what are these local tribunals
which are thus empowered to try offend
erss Plainly, our courts Of justice. The
power to organize military commissions was
granted because it was not certain that
the local tribunals would not refuse to act
under military supervision. Both being
thus empowered to act, it was then neces-
sary to prevent conflict Of authority and
therefore the military authority was de-
clared to be superior to the civil.
The sixth section settles this question.
1t provides:
"That until the people Of said rebel
States shall be by law admitted to repre-
sentation in the Congress of the United
States, any civil governments which may
exist therein shall be deemed provisional
only"
That is, de facto. The laws passed by
the General Assembly, the acts of the Co.
vernon, and the decisions of the courts OF
Justice, will all be valid and respected un-
less set aside by the military. The Legis-
lature may levy taxes, the Governor may
pardon any offender not sentenced by the
military tribunals, and the courts of JUS
tice may try all civil cases, and all crimi-
mails except those in custody of the mill
tary.
But the Mercury argues that the provi-
sional or de .facto governments recognized
bv the law are these which are hereafter
to>oe formed. To argue away facts is
rather a difficult task. We cannot i'm
agine how such an idea as that advanced
by the Mercury could ever have originated.
Certainly the law itself is plain enough.
But, we repeat, it is useless to argue
against facts. And the fact is, that the exist
ing governments are recognized as the pro-
visional government mentioned in the law.
Paragraph ii. of General Orders No.
for District No. is as follows:
"u. All officers under the existing proyi-
sionsl government OF the State of Virgi-
MIA will continue to perform the duties OF
their respective offices according to law,
unless otherwise hereafter ordered in indi.
be duly elected and qualified in accord
ance with the above-named act of Con-
gress."
That settles both questions raised by
the Mercury. All officers will continue to
perform the duties of their respective Of
fees. One Of the duties Of judges and
justices is to try civil cases. And the pro-
visional government is the one noW in ex-
istence. General SCHoFIELD consulted the
authorities at Washington before he issued
this order. Congress has seen and read
the order. There can be no doubt that
the Mercury is wrong.