The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1867-06-26
Power Of District Commanders.
OPINION OF THE ATTORNEY GENERAL

/; | find it impossible, Under the provisions
Of this act, to comprehend such an Official
as Governor Of one Of these States ap-
pointed to Office by one; Of these military
commanders. Certainly he il not the Gov
ernor recognized by the laws Of the State,
elected by the people of the State, and
clothed as such with the chief executive
power. -.
Nor is he appointed as military Cover
nor for State which has no lawful Cover
nor under the pressure OF al, existing ne
cessity to exercise powers ut large.
The intention, no doubt, was to appoint
him to fila vacancy occasioned by a mill
tary order, and put him in the place Of the
Removed Governor, to. execute the func-
tions Of the Office as required by law. The
| law takes no cognizance Of such an official,
and he is clothed with no authority or col
or of authority. & 40 "a .02
What is true as to the Governor is
equally true as to all other legislative, ex-
ecutiye and judicial officers Of the State
! # the military commander can Gust one
from his Office, he can GUST them all ii he
can Gil one vacancy be can fill all and
thus usurp all civil jurisdiction into his
own hands, or the. hands Of those VINO had
their appointments from him and subject TO
his power of removal, and thus Illustrate
the very right secured to the people by
! this act. s-.t55
Certainly this act is rigorous enough in
the mower which it gives With all its Sc
; verify the right Of electing their own OH j.
: GERS is still left with the people, and II
must be preserved. :.
r must not be understood as fixing limits
j to the power Of the Military Commando
g in case Of on actual insurection or riot.
D It may happen that an insurrection II
8 one Of these States may be so general ant
IS formidable as to require the temporary sus
e pension of all civil government and the es
e tahlishment Of martial law in its place
i and the same may be true as to local dis
n orders or riot, In reference to the civil gov
Of ernment Of the city or place where
il breaks out. . 49,.
N Whatever power is necessary to NEE
% such emergencies, the military commando
a may properly exercise. I conane myself
ne the proper authority of the military con
N mander when peace and order prevail.
~ When peace acd order do prevail it
d. not allowable to displace the civil Office
es and appoint others In their places, und
IN any idea that the military commander ca
re better perform his duties or carry out tt
Ior oonerol nnrnoses of the act by the ageDl
mt Of civil officers Of bis own choice rath
be than by the lawful incumbents.
oil The act gives him no right to resort
ch such an agency, but does give him Il
in right to have sufficient military force
it, enable him to perform his duties and
force his authority within the district
led which he is assigned.
I'd, In the suppression Of insurrectlon 9
red riot the military commander is wholly
sti- depeudent Of the civil authority, so too
ION the trial and punishment Of criminals
ira offenders he may supetcede the civil Jul
act, diction. = asi3a s.ss =,
his His power is to be exercised in tn
hey special emergencies, and the means are
son into his hands by which it is to be exer'
ugh ed-that is to soy, sufficient military TO
ion to enable such officer to perform his dut
lem and enforce his authority and that Of N
reg tary tribunals of bis appointment to
nee and punish offenders. g
The These are strictly military powers, TO
to executed not by the civil authority OF
at1e civil officers appointed by him to peril
the ordinary civil duties. l. .usG af
3 is Ifthese emergencies do not harper
in civil order is preserved, and criminals
duly prosecuted by the regular Grim
in courts, the military power, though pre-
will we'd, will remain passive.
ion lis proper function is to preserve
the peace, to act promptly when the peace
the broken, and restore order. When tina
make done and the civil authority may q
gen. safely resume its functions, the mill
,ani. power becomes again passive but on g
and watchful. ~. ~
stfa- This, in Judgement, is the Whole g
lions Of the military power conferred BY this
act and in arriving at this cotistfdctlon o.
titled act, l have not found it necessary to r
[ice." to the strict construction which Is a
fr able. 5Hl