The Daily empire. (Dayton, Ohio) 1865-1867, 1867-06-17
BY TELEGRAPH.
Mnshinrton News nnd CIossln.

WdSulnELOH NEWS anu GOSSlD.
DEsPoT rowER--ATToRNEY GEN
4H ERALS OPINION.
WGsHINGToN, June 10.-Attomey Gem
eral Stanbery's opinion of the powers Of
military commanders In the ten subjected
States, has been dispatched through the
mails. It Is lengthy and able The pith
of his opinion--which Is the ldlo argument
on which the President, doubtless, will act,
Is comprised In a few brief sentencesi
The Civil Rights and Freodnen's Bureau
act, made ample provision for all the mere
ly civil rights, where the laws or courts of
these States might fail to give full and inn
partial protection There Is no authority
anywhere In this act for the removal by
a military commander, Of proper officers Of
State, either official or Judicial, or the APP
pointment ofpersons to their places. Moth
Ing short of an express grant Of power
would justify the removal or appointment
of such an officer.
There is no such grant either expressed
or even Implied on the contrary. the act
clearly enough forblds it. The regular State
officials, duly elected and qualified, are en-
titled to hold offices; they, too, have rights
which the military commander Is bound
TO respect, but not authorized to destroy,
and llnd it impossible, under the provis-
ions of this act, to comprehend such an
official as u Governor of one Of these States
appointed TO office by one of these military
commanders. The law takes no cognizance
of such an official, and he is clothed with
no authority, or color of authority.
What is true rs to governors Is equally as
true to all the other legislative, executive
and judicial officers OF the States. Certain
ly, the act Is rigorous enough In the power
which It gives with all Its severity; but the
right of electing their own officers is still
left with the people, and 1t must be pre-
served.
The attorney general is Of the opinion
that military commissions can take cognl-
zance of no oifense that has not happened
after the law took effect and that they have
no Jurisdiction to try and punish for acts
not made crimes or oilenses by Federal or
State law.
In a word, he maintains that the civil
authority has all the power of state
Government, Legislative, judicial and eX-
ecutive," and that criminal jurisdiction
must not be interfered with. He defines
the position of the military commander, as
one in whom Is vested "thePower or duty
to protect all persons in their rights of per
sou and property to suppress insurrectlon,
disorder and violence; and to punish. or
cause to be punished, all dlsturbers of the
public peace and criminals, and he may do
this by the agency Of the Criminal Courts
of the State, or If necessary he may have
resort 10 HlllJNT1 JTldlss
This official paper is virtually n veto on
the handed doings of all the military
commanders, more especially Schoteld, in
Virginia, Sheridanlin New Orleans, Griffin,
in Texas, and Pope, In Georgia.
The displaced Southern officials who are
now here, are confident that after the Cab
met meeting on Tuesday, al order will be
| issued revoking the orders issued by Gen
erals Sheridan and Pope, displacing them
| from the offices they held under the State
governments of Georgia and Louisiana.
Thad. Stevens in another letter, published
| to-day, recommends the assembling OF
Congress on the lst of July or sufficient
number of members to constitute quorum
He is apprehensive that the President act
ing upon the opinion ofthe Attorney Gt'n'
eral, may counteract some of the lawlesi
acts of the military despots of the South.
A full Jury was obtained on Saturday
for the trial of John II. Surratt, and the
case will be proceeded with before Judge
Carter, who Is expected In Washington IN
time to occupy the bench on Monday.
Judge Barnes, holding Special Court al
Tarboro, North Carolina, adjourned the
Court on Saturday, because negroes were
summoned as jurors, he having taken an
oath to support the State laws, which dc
not recognize negroes TO sit on jurles.
An agent for the Pacific Railroad, Cali
fornia side, has arrived here to obtain
through the Freedmen's Bureau, the ser
vices Of from one thousand to five thousand
colored laborers on that road, Offering
them steady employment and high wages