The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-17

Another Opinl0n-Reco ustPuctieu Defeated
By Legal Quissies-Hew Not 70 Do IL.
We give to-day the opinion of Attorney
General Stanbery on the powers and duties Of
the military commanders under the Recon-
struction act, and with it Q summary Of the
opinion hitherto published on points of the act
regarding the qualifications Of voters Mr..
Stanbery examines the law deliberately to show
that the power given to the commanders Of
districts is merely "police power" He can
see that "the act clearly enough forbids" COM
manders to remove governors or judges and
appoint their successors; but unfortunately he
neglects to show how or where the act clearly
forbids this, which is the more to be regretted
as this was the precise point it was desired
should be made plain both to the commanders
and to the public. He finds that the existing
civil government Of Southern State els not
set aside"-not repealed or modified even
but is Recognized by the act;" and finds,
moreover, that the act does "not authorize
the military authority to change" the said gov
eminent. Mr.. Stanbery takes occasion to give
light a. to the purpose Of the act Congress"
he assures US, "only required that the Southern
governments should be changed in one par
ticular-the elective franchise-and the sole
purpose of the act was to effect that change
by the agency Of the people," Here we have
the true Executive view. The Reconstruction
act is an election law, and the soldiers are
only to attend the polls and preserve order
The States are already reconstructed the
people are clothed with all their ancient
rights. Consistently with this view, this long
opinion carefully keeps out Of sight-makes
not the least reference to the remarkable
fact that there has been great war in this
country, and does not once observe or note
that the law 1t pretends to expound might have
been made with reference to the condition in
which part Of the nation was left by that
war;
If the country will look at the law through
Mr.. Stanbery's spectacles it may accept his
Interpretation. But the country will look at
the act as a whole, and not refuse to see the
most important points. It will not so glar-
ingly defy the rule that Gin giving con-
struction to single clauses we must look
to the context and the whole law"
The law for the reconstruction of the rebel
lious States says =" 1t is necessary that peace
and good order should be enforced in said
States until loyal and republican State govern
ments can be legally established p and in
order that peace and good order might be thus
enforced 1t gave those States up to military
rule. 1t made them-the whole people and
property, the whole State machinery Of gov
eminent and justice-"subject to the military
authority Of the United States" and declared
that the military authority SO made paramount
should be represented by brigadier general
for each district It further declared that in
reference with the military authority thus set
up, though such interference were made
"under color Of State authority" would DO
merely mischievous distraction Of the public
mind, and should have no legal force. Upon
the ample power thus given 10 the military
commander but one restriction was made-his
penalties and puuishments must stop short
own power 70 take ljfs. Before life could be
taken the approvals6f the President must be
given; but the Presidents approval was not
made necessary to any other penalty. Nor in
thus absolutely, completely and distinctly
making the commander . supreme power in
his district was any reference to higher author
ity contemplated In any case, save whore q
capital penalty might be decreed.
Such is the Reconstruction law-the law laid
down by the conquerors to the conquered a. the
sum and result Of four years of war. Only i'm
pudent effrontery, acting ~ the ally Of rebel
lion, could pretend to mistake Its purpose. II
left In existence, out Of regard to order, the
formal machinery Of government that existed
in the rebellious States-all the civil organiza-
tons that are necessary to the discharge Of
legal obligations as between man and man
organizations without which the ordinary pro-
cesses Of trade could not be carried on. II
"recognized" them, as the Attorney General has
it. It left these in existence to save society from
stagnation and from its disorderly elements. Il
did not destroy them at once, but 1t provided o
way in which they should be extinguished and
superseded; for it had no faith that they would
honestly accept the conqueror's WILL Having
no such faith, believing that the civil authori-
ties Of the Southern States were rebellious at
heart and compelled to leave them in exis-
tence for time, it made provision that during
that time they should do no great harm. 1t
placed near them q superior power. This
power was to be practically dormant so long
as the civil governments did not Offend and
was to be supreme II occasion should require
Society might 60 on; governors, judges and
others might discharge their functions, and 30
long as they adhered strictly to their duties,
acting in good faith for the civil interests OF
society, without attempting to control the
political future, they were 10 be leh
alone; but the moment they stepped aside
from that line and abused their positions by
attempts to excite the passions Of the people,
to cheat the conqueror Of the legitimate results