The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-06-19

tue PROVISIONS Ol the tn1ru afIlcle OF
said constitutional amendment.
The duties devolved upon the COM
manding general by the supplements
~ Act relate altogether to the regis
tration of voters and the elections to
be held under the provisions of that
Act. And as to these duties, they
are plainly enough expressed in the
Act; and it is not understood that any
question not heretofore considered in
the opinion referred to has arisen or
is likely to arise in respect to them.
My attention. therefore, is directed
to the powers and duties of the mill
tary commanders under the original
Act
We see clearly enough that this Act
contemplates two distinct govern
ments in each Of these ten States
the one military, the other civil. The
civil government is recognized as ex-
listing at the date of the Act. The
military government is created by the
Act. Both are provisional, and both
are to continue until the new State
constitution is framed and the State
is admitted to representation in Con
gress. When that event takes place,
both these provisional governments
are to cease. In contemplation of
this Act, this military and this civil
authority are to be carried on toge-
ther. The people in these States are
made subject to both, and must obey
both, in their respective jurisdic-
tions.
There is, then, an imperative ne
cessity to define as clearly as possible
the line which separates the two
jurisdictions, ard the exact scope of
the authority of each.
Now as to the civil authority, re-
cognized by the Act as the provi-
every department of civil jurisdic-
ton in each Of these States. 1t had
ali the characteristics and powers Of o
State government-legislative, judi
cial and executivo-and was in the
full and lawful exercise of all these
powers, except only that it was not
entitled to representation as State
of the Union. This existing govern
ment is not set aside; it is recognized
more than once by the Act. 1t is not
in any one of its departments, or, as
to any one of its functions, repealed
or modified by this Act, save only in
the qualifications of voters, the quail
tirations of persons eligible to Office,
the manner OF holding elections, and
the mode of framing the constitution
OF the State. The Act does not in
any other respect change the provi-
sional government, nor does the Act
authorize the military authority to
change it. The power of further
it is reserved, not granted,
and it is reserved to Congress, not
delegated to the military commander
Congress was not satisfied with the
organic law or constitution under
which this civil government was
That constitution was
to be changed in only one particular
to make it acceptable to Congress,
and that was in the matter of the
elective franchise. The purpose, the
sole object, Of this Act is to effect
that change, and to effect it by the |
agency of the people of the State, or
such of them as are made voters, by
means of elections provided for in
the Act, and in the meantime to pre-
serve order and to punish Offenders,
if found necessary, by military com
missions.
We are, therefore, not at loss to |
know what powers are possessed by |
the existing civil authority. The |
only question is upon the powers
on the military authority.
Whatever power is not given to the |
military remains with the civil go
We see, first of all, that each of
these States is "made subject to the
authority OF the United |
otates"-not to the military autho-
rity altogether, but with this express
"as hereinafter pre-
scribed"
We must, then, examine what is !
provided, to find the
extent and nature OF the power |
granted.
This, then. is what is granted to
.he military commanders: The power
Or duty ''to protect all persons i'll
heir rights of person and property,
. suppress insurrection, disorder and
violence, and to punish, or cause to
be punished, all disturbers of the
public peace and criminals" and he
may do this by the agency of the
courts of the State, or, if
he may have resort to mill