Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1867-08-03

nate military officer. TO him, as military
officer of the Federal Government, is given
the power, supported by ga sufficient militia
! ry force" to remove every civil officer of the
State. What next? The division comman-
der no has thus dcposcd civil officer is to
fill the vacancy by tho detail of an officer or
soldier of the "r"y. or by the appointment of
some other person"
. MILITARY AppoINTEEs
This military appointec, whether an officer
a soldier, or some other person" is to per
form the duties Of such officer or person 50
suspended or removed. In other words an
officer or soldier Of the army is thus transforms,
ctl into civil officer. He may hr made a
governor. legislator, or Judge. However
unfit he may deem himself for such civil du-
tics, he must obey the order. The officer Of
the army must If +" detailed" go upon the
Supreme Bench Of the State, with the same
prompt obedience as if he were detailed to go
upon Il court t-,nnrtial. The soldier, if detail
c.! TO az, as Justice Of the peace, must obey
MS o,sickly as ii he were detailed or picket
duty.
What is. the charactcr Of such military
civil officer? This bill declares that he shall
perform the duties Of the civil Office to which
he is detailed. 1t is clear, however that he
DIES not lose his position IN the military ser.
vice. He is still an officer or soldier of the
army he is still subject to the rules and reg
r!at'"ns which govern it. aud must yield due
Difference, respect aud obedience towards lis
suprriors. The clear intent of this section
is that the officer or soldier detailed to FIJI Il
civil office must execute his duties according
to the laws Of the States.
II he is appointed a Governor Of State,
81,
laws of that State, and for the time being his
naw civil capacity. If he is appointed Il
State Treasurer he must at once assume the
custody and disbursement Of the funds of the
State, aud must perform these duties precise
~ according to the laws of the State; for he
IS, entrusted with no other official duty or 9th.
rr official power Holding tho Office Of t .as-
urcr and entrusted with funds, it happens that
he is required by the State laws to cntcr into
bond with security, and to take an oath of Of
lee, vet from the beginning of the Till to the
OF o"scI,e ,sIe j j ." , provision or any h.na Or oath
quircd under the State law, suci as residence,
Is that provided for in the ninth section, by
rhr terms of which every one detailed is g to
take and subscribe the oath Of Office prescribed
y
THUS an officer of the United States. de.
;,:.I 20 fill a civil Office in one of these
states. gives no official bond and takes no of.
fetal oath for the perorn,a zee of his new du.
ties rs Il civil officer OF the St,tc--only takes
the same oath which he had already taken MS
military officer Of tho United States. lie
is, at least, military officer performing civil
duties. and the authority under which he acts
is Federal authority only and the inevitable
result is that Federal Government, by the
agency of its own s%orn tM!cers, in effect as
snmcs the civil government Of the States.
rRADlcrIONs IN THE BILL.
\ singular contradiction is apparent here.
Congress declares these local State govern
mcntS. and then, provides that these illegal
officers. who are to perform the very duties
imposed on its own "iliccrs by this Illegal State
authority. 1t certainly would BE- IL novel
spectacle il Congress should attempt to carry
on legal State government by the agency of
i,s own officers. 1t yet more strange that
Congress attempts to sustain and carry Oh an
Illegal Site government by the same Federal
'@nncv.
In this connection must call attention t,
the 10th and LII sections of the bill, Which
provide that none Of tho officers 0rWppointecs
of these Military Commanders shall bn
hnnnd in his action ty any onini"n of any civ
il officer of the United States" and that
all the provisions Of the art "shn!l hc
construed literally, to the cud that all the IN
tents thereof may bo'fully and perfectly ear
ricd out"
1t seems Congress supposed that this bill
nligbt require construction, and they Tx, there
fore, the rule to he applied. But where is tho
construction to come from CertainlY no
one can be more in want of instruction than
soldier or mn officer of tho army dctdilcd for
!, civil service with tho duties of which, por-
hips most important in State, he is altogcth.
er unfamiliar
This bill says he shall not be bound in Ills
action by the "pinon Of any civil officer Of the
United States. The duties of the Office are
altogether civil but when he asks for an
opinion he can only ask tho opinion of anoth-
or military officer, who. perhaps, understands
as little of his duties as he docs himself; and
MS to his "action," ho is answcrablc to the
military authority, and to the military author.
ity alone. Strictly, no opinion of any. civil
officer, other ban judge, has binding force.
But. these military appointees would not bc
bound even by a judicial opinion. They
.pight very well say, even when their action
is in conflict with Tho Supreme Court Of tho
United States that court is composed Of div
II officers Of tho limited States and we are not