The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1867-06-26
THE ATTORNEY GENERALS OPINION Re-
0ARDrNG MILITARY COMMANDERS. .
Washington, June IL, Nj.

The Opinion oil tue Atluthct oS"S'a' :"
regard to the powers Of the Military Com.
msnders IA too elaburate for telegraph, and
the reasoning TOO close for synopsis. The
lollowing perbatlm extracts cover ne con-
clusions:
ind il impossible under me provisions
VI this act 10 comprehend such an ofneial
as a Governor Of one Of these States APP
nointcd 10 Office by one oil these military
commanders. Certainly he Is not the Gov
ernor recognized By the laws Of the State,
elected by the people OF the state anu
clothed as such with the chlei executive
power. Nor is lie appointed ss military
Governor. for d State which has no iawiui
Goyernur, under the pressure OF an existing
necessity, 10 exercise powers at large. Ihe
8 intention, no doubt, was To appoint MN 10
hlI vacancy occasioned by q military or
der. AMI 10 put him in the place Of the re-
novel Governor, 10 execute the functions
Of the Office as provided By law. The law
taxes no eognizAnee oil such an o'iie'a,' anu
ne Is clothed with no anthorlty OF e"lor OF
authority.
WHAT'S true as 10 tie Governor Is equal
N true a. 10 Ill other legislative. executive,
and judicial officers 81 the State. II the
military commander can oast oae irom his
Office. he car Dust them all. II he can illl
ON. yacancs lie can Gil all vacancies, and
thus usnrp ali civil jurisdiction into his own
hands. Or tie hands VI those who hold their
appointments from him and subject 70 lIis
power o: removal, aud thus Illustrate the
very right secured to the people BY this act,
Certainly this act Is rigorous ennash IN the
power which il gives. With all is sevcri.
~. the right ol clecling their own aiIeers
j. s,ill lett with the people, and i must be
preserved.
must not be understood IS ixiug limits
10 the power Of the military eoinmander ~
case al All actual insurrccuDn o. riot. II
may happen that an insurreciion IN one nl
these States may be SO general and iormi'
dable As 10 require The Temporary suSpen.
sion al al eissi government. aud The esiab.
Iishmenl Of oaFiia law 10 IL place. Aad
tie same thing NAV bc trur = ~ iucal d's-
order or rio. il reference 10 The civil gns.
esam,ni oi The city or place where u brraks
out. Whatever power is necessary 10 meet
saeh emergencies, the military commander
may properly exercise. ! cuntne myscsl
10 the proper authority III tie military com
maudeF where peace and order prevail.
When peace aud order do prevail, u Is noi
slloSable 10 displaee the civil u.heers and
appoint Others IN their place, under any
idea that The military commander can bet
ter perform lis duties and carry 0ui the
general purposes ot the act by ihc agency
VI civil officers 81 his own choice rather
than by the lawful incumbents. The act
gives hin DO right 20 resort to such agcn
81. but does give him the right 70 have =
sufficient military force ii enable him
TO perform his duties and enforce bis au.
thoriiy within the district To which he Is
assigned"
10 The suppression Of inslrreetian and
riot, the military commanders i wholly IN.
dependent oi lhc civil authority. Sd. too,
in the trial aud punishment II criminals
aud offenders. he may superseje the civil
jurisdiction. Ills power Is 10 be exercised
10 these special emergencies. aud the means
are put into lis hands hy which II Is TO be
exercised, that il 10 say, " i sufficient mill
tary force 10 enable such officer 70 perform
his duties and cnlorce his authority" and
military tribunals oI his own appointment
TO try aed punish offenders. These are
strictly military powers. % be executed BY
military authority, not by the civil authori.
" or BY civil officers appointed BY him tu
lcrforin ordinary civil duties.
lf these emergencies DO not happen, il
civil order 10 preserved, and criminals are
duly prosecuted BY the regular criminal
courts. The military power though present
must remain passive. Its proper function
is to preserve the peace. to act promptly
when the peace is broken, and restore or.
der. When that is done and the civil au'