The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1867-06-13
GENERAL NEWS.
The Military Reconstruction Act Con-
sidered.


changes the laws of the respective
States, in only certain particulars.
1t. enlarges the matter Of suffrage
with one hand, while it rcstrains it
with the other. The blacks arc
created as a new class of voters, while
those who have held at any time Ger
tain Offices, and afterwards partia-
patcd in the late conflict on behalf OF
the Confederate States, arc denied as
penalty the exercise of the ballot.
So, too. on the subject of office,
these latter are also excluded for lite,
unless relieved by an Act OF Congress
passed by a two-thirds vote.
1t is true, military commander is
assigned to the conn and of the vari-
our seeding States termed in the Act
Districts.
But it is clear that his power is TO
protect all persons in their rights OF
persons and property. 1t is not by
laws of his own will, and heretofore
concealed in his breast, to change
the whole tenure on which the pro
lection of these rights depend, and
thus to disarrange society and reduce
its affairs to condition of chaos and
insecurity.
His duties are to suppress insurrcc-
ton, disorder and violence. hot to
remove Governors, Mayors, Council
men, and thus put an end to all civil
authority and order.
The civil tribunals of the country,
by the very design of the Act, arc to
administer the laws of the land, sub
.ject only to the provision, that i'll the
case of "the jurisdiction and trial of
offenders" that is of violators Of the
criminal code and of the public peace:
the military commander is to have the
power to organize military commits
sions or tribunals for this purpose
The word ofe''ders never heretofore
been known to extend to parties to
civil suits. Its meaningi is well ascer-
tanned.
If we turn to the most elementary
legal Dictionary We will find SET
fender" criminal, one who does
what the penal law forbids to be done,
or omits to do what it commands. In
this sense, says an author, 1t is
Synonymous with crime.
It is, to our mind, plain, that Con-
gress acting under the false impress
sion that adequate protection for life
and property did not exist in these
States, conferred upon the military
commanders jurisdiction Of the cases
of offenders or criminals, whenever
they should deem it necessary. Tn
til then this is to be exercised by the
local civil tribunals.
But we lock in vain to either the
terms Or context of the Act for any
authority to alter the laws or statutes
of the respective States, in reference
to civil suits or affairs, or to make or
unmake law, or create or overthrow
civil Government, or establish or de-
pose civil rulers at pleasure and will.
Even in criminal case the parties
accused are guaranteed by the Act
trial "without unnecessary delay,
that there shall be "no cruel or un-
usual punishment" and that the
penalty Of death shall not be carried
into effect without the approval OF
the President.
Even in these cases the power of
the Military Commander Is not abso-
Lutte.
And in confirmation of our view,
we would quote the sixth section OF
the Act: "And be it further acted,
that until the people Of the said rebel
States shall be, by law, admitted to
representation in the Congress of the
United States, any Civil Govern
ments which may exist therein, shall
be deemed provisional! only, and in
all respects subject to the paramount
authority of the United States at any
time to abolish, modify, control, or
supercede the same
Now, the United States, that is the
Legislature and Executive Depart
ments of the Government, have passed
no Act since. The United States,
therefore, have in no way as yet abol-
ished; modified controlled or superse-
ded the Civil Governments of these
States, In the act itself established. as
provisional.
These therefore, under the Act,
are still provisional, and are entitled
so to be, until representation is OBJ