The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-06-26

10 cases InFOIVlnS Gne lie OF the
accused. IF he has any judicial
power in any case, he has the
same power to take, cognizance. Of
capital cases, and to sentence the
accused to death, and order his
execution. A strange, spectacle !
where the judge and the criminal
may very we'll "change places >
for if the criminal has uniawfully
taken life; so, too, does the Judge
This is the inevitable result for
the only tribunal, the only judges,
if they can be called judges, which
a military commander can consti-
tute and appoint under this Act
to infict the death penalty is a.
military court composed Of board,
and called in the Act a "military
commission" T. .@-
Isee no relief for the condemn
-eG against the sentence Of this
agent Of the military commander.
It is not the sort Of court whose
sentence Of death must be first ap-
proved by the commander and fl
nally by the President, for that is
allowed only where the sentence
is pronounced by y ."military COM
mission.' Nor is it a sentence
pronounced~by the rightfnl court
of the State, but by a count and
by a judge not clothed with. au-
thority under the laws Of the
State, but constituted by the mill
tary authority.z AS the -represen-
tative Of this military authority,
this Act forbids Interference y"un-
der color Of State authority9 with
the exercise of his functions. -*.
In another one ofthese districts,
military order commands the
Governor Of the State to forbid
the re-assemb bling of the Legisla-
ture, and thus suspends the prop
er legislative power Of the State.
In the same district, an order has
been issued ;'to relievethe Treasu-
rer of the State lfrem the duties,
bonds, books, papers, &c., apper-
tanning to his Office" and to put
an ':assistant quartermaster - of
United States volunteers in place
of the removed Treasurer ; the 'du-
ties of which auartermaster= r=treas-
urer are thus summed up: He is
to make. to the headquarters Of
the district 'the same reports and
returns required from the Treasu
rer, and a monthly statement Of
receipts and expenditures ). he
will pay all warrants. for salaries
which may be, Or become, due,
and legitimate expenditures for the
support Of the penitentiary, State
asylum and the support Of the
provisional, State government
but no script or warrants for out
standing debts Of other. kind than
those specified will be paid with
out special authority from these
headquarters. He will deposit
funds in the same manner as
though they were those Of the
United States. }" .,." - ~
!. In another of these districts, a
body Of military edicts, issued in.
general and special orders, regu--
larly numbered; and in occasional
circulars, have been promulgated,
which already begin to assume
the dimensions Of a code, These
military orders orders modify the
existing law in the remedies for
the collection of debts, the en-
forcement Of judgements and de-.
crees for the payment of, money,
staying proceedings instituted,
prohibiting in certain cases. the
right to bring suit, enjoining pre-
ceedings on execution for the
term Of twelve months, giving
new liens in certain cases, estab-
tablishing homestead exemptions,
declaring what shall be q legal
tender. abolishing. in certain ca
ses the remedy byrforeign attach
ment, abolishing bail "as hereto
fore authorizedo insacases er con-
trQctu, but not in .tother cases
known as actions er deljcto, and.
changing, in several particulars,
the existing laws as to the pun
ishment of crimes, and directing
that the-crimes referred to >%shall
be punished by imprisonment at
hard labor for a term not exceed
inc ten years nor less than two
wears, in the discretion Of the
court having Jurisdiction thereof"
One of these general orders, being
number ten Of the series, contains
no less than seventeen sections,
cmbodying the various changes
and notifications which have
been recited.
The question at once arises in
the mind Of every lawyer, what
power or discretion belongs to the
court having jurisdiction Of any
Of these offences to sentence
criminal to any other or different
punishment than that provided
by the law which vests him with
jurisdiction. The concluding para
graph Of this order, No. 10, is in
these words "Any law Or ordin-
ance heretofore in force in North
Carolina or South Carolina, ilcon-
sistent with the provisions otthls
general order, are hereby suspend