The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-07-31

=: a An independent
VOL. 3.
in concert or separately, have not dared
,tofexercise is here attempted. to sbe con-
lferred on a subordinate military officer.
To him, asa military officer Of the. Fede-
raj GoYernment,iis given.the power, sup
PORTED. .by III sufficient military force, to-
remove every officer of the State. w hat.
Inext t?sf; The. division command der who has
thus deposed civil officer is :to4 fill the:
vacancy blythe detail OF an. officer or sol7
:dier Of the army orsby the appointment
Of SsAsHome other. person, i. 81 ..sI,5 10 \
This military appointees whether an
officer, q soldier, or sssome other person j.; :;
Eis to s perform the duties of such officer or
person SO suspended or removed: l1 9th
ar :.1 words 81 All officer or soldier Of the army
IS thus transit formed into o civil officer.
He rnay: be q governor, g legislator, or g. 2
Judge. However unfit he may deem HIM
/ self for such civil duties, he must obey
the order: The officer of the army must,
|. if tailed y 20 o$upon the supreme bench
|jof the State with the same prompt obe-
dience as If he were:d detailed to gossupon
court martial. Z The soldier, if detailed
TO act. as q Justice of the peace, must obey
l:as qaiekly as if he were.d detailed for pick
Eet: dnty ~ als;sss:...sIa
Hat: :issthe character: of such q militia:
~: civil ofGcer2 his sbill declares that
he shall perform the duties of the civil
toficet to which he is detailed. Its clear,
however, that he does not lose his posi-
ton insthe military service. He is still
an officer or. soldier OF the army; ne is
still subject to the rules and regulations.
which govern it, and must yield due de-
ference. respect and obedience toward his
t,,ll1 s,ullperiors. The clear intent of this sec
IItion is, that the; officer or soldier detailed
to fill q civil Office, must execute his du-
| ties according to the laws Of the State.
| IF he: is appointed q Governor OF State,
he is. to execute the duties as provided by
the laws. of that State, and for the time
l;beings his military character is to be sus-
pended in his new civil capacity: 1t be
is appointed State treasurer he must at
Eonce. assume the custody and disburse-
ment Of the fundsof the State, and must
perform those duties precisely according
to the. laws of the State for he is entrust-
ed with no other official duty or other
toficiaLpower. Holding the Office of treas:
l.urer;and entrusted with funds, it happens
that he is required by the State laws to
.epter into bond with security and to take
an oath Of Office, yet from the beginning
Of the bill to the end there is no provision
for any bond or oath;of office or for any
single. qualification: required under the
Estate. law, such as residence, citizenship,
or or ANYTHING else The only oath is that
provided for in the ninth section, by the
terms of which every one detailed "to
Ike and to subscribe the oath of office
prescribed by law for, officers of the Uni
| ted States" Thus an officer of thearmy
of the United States, detailed to fill civ
Iil;office in one of these States, gives no
15oficial bond and takestno official oath for
1.-The performance of his new duties as q
fcigil officer of the State; be. only takes
1.-The same oath which:he had already taken
as q military officer of the United States.
lHeisl, atleast, military officer performing
IlciviI duties, and the authority under which
.he acts is Federal authority only, and the
Inevitable result is that the Federal Gov
Eernment, by, the agency of its own Off
! GERS, in effect, assumes the civil govern
! lmentsof the States.
& "a singular contradiction is apparent
there. Congress declares these local State
governments to be illegal governments,
and then provides that these illegal gov
ernments shall be carried on. by Federal
officers, who are to perform the very du-
Eties imposed on its own officers by this
illegal State authority. It Itcertainly would
be a novel spectacle if Congress should at.
tempt to carry on q legal State govern
|ment by. the agency of its own officers.
Tits yet more strange that Congress at
tempts to sustain and carry on an illegal
State government by the same Federal
agency.
In this connection must call attention
Ito the 10th and l1th sections of the bill,
which provide that none of the officers or
Eappointees Of these military commanders,
Iias6all be bound in his action by any opin-
| ion of any civil officer of the United
States" aud that all the provisions of the
act s'shall be continued literally6to the
end, that all. the intents thereof may be
fully and perfectly carried out"
It seems Congress supposed that this
l,bill might require. construction, and they
fix, therefore, the rule to be applied. But
where is the construction to come from 2
Certainly no one can be more in want Of
instruction than soldier or an officer of
the army detailed for a civil service, with
the duties of which, perhaps the most i'm
'portant in State, is altogether unfamil-
lar. -:
This bill says he shall not be bound in
his action by the opinion of an any civil 9th,