Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-06-26

declared provisional, shall be nctuat suspended
or abolished by Congress, they remn ns State
Governments with their full powers and are to
be thus respected by the commandis Generals
It follows. therefore, that, accordingo this opin.
ion, all the removals made by the enerals are
illegal. In other words, Congress lss not au-
tborized the removal of Govcrnoiof any one
of tho ten excluded States, any mofthan it has
authorized the removal of the Govcior of Mag
snehusetts.
In the course of Mr.. srANBERr 'sopinion, be
delivorers the following rebuke . General
SrcKLss, without, however, calling th.high func.
tionary by name.
In another of these districts bodpf military
.dicts, issued in general and specialrders regu-
larly numbered, asd in occasional eiulars, have
been promulgated, which already beg to assume
the dimen sions Of o code. These injury orders
modify tho existing law in the remiies for the
collection Of debts, the enforcement Judgements
and docrees for the payment OF moy, staying
proceedings instituted, prohibitingin certain
cases, the right to bring suit, enjoing proceed
INCA on execution for the term of twVe months
giving new lions in certain cases, establishing
homestead exemptions, declaring VIII shall be
LEGAL tender, abolishing in certain cas- the reme-
DIV by foreign attachment, abolishil bail rs
heretofore authorized" in cases er ctractu, but
not in "other cases, known as actioni1 d'Gcto,
and changing, in several particularly ie existing
laws n, to the punishment Of crimes,.nd direct
inr that the crimes referred to shalle pu' ishcd
bv ;rnprisonmcnt to hard labor for IN not eI-
ceediny ten years, nor less than two ars, in the
discretion of the court having jurisdictl thereof
One of these general orders, being nIber ten oi
the series. contains no less than seNteen Sec
tionx embodyins the various changesld modih-
cations which have been rocitcd.
The question mt once arises in the ma Of every
LAWYER, what power or discretion bags to the
court having jurisdiction Of any Of ths offences,
To sentence criminal to any other: different
puni,hment than that. provided by tnam which
vests him with jurisdiction. The oncluding
parayrsph of this order, No. 10, is in tse nord:
"Any law or ordinance heretofore force in
North Carolina or South Carolina, ,onsisten.
with the provisions Of this generaorder, are
hereby suspended and declared lucrative"
Thus announcing. not'only power suspend
,hclaws, bat to declare them generally 'peratlye,
and assuming full powers of legislah by the
military authority.
The Ground upon which these emordinary
mower, arc based is thus set forth in iitary or
der No. l, issued in this district: Thivil gov
erpm,nt now existing in North Caina aud
South Carolina, is provisional only, nd in.al
respects subject to tho paramount asority OF
tho United States at any time to abolis modify,
control. or supersede the same." Thufar the
provisions of the Aot of Congress are msecited
What follows is iu-these words: LocaLws ana
municipal regulations not inconsistentrth the
Constitution and laws of the United ates, or
the proclamations of the President, or n such
regulations AZ are or may be prescibed tho or
ders of the commanding general, are h.by DC!
clarcd To be in force, and in conformity trerih,
civil officers are hereby authorized to'ntRue
the exercise of their proper functions, nd Will
be respected and obcyed by the inhabita,."
This construction of his powers underie Act
OF Congress places tho military commder on
the same footing rs the Congress Of tUnitcd
States. Itassumos that I" the paramountthorl-
ty of the United States at any time foolish,
modify, control or ,upcrscde," is vested him as
fully As it is reserved to Congress Hdeems
himself representative of that paramut hu-
thority. He puts himself upon an equay with
the making power Of the Union, o only
paramount authority in our Governmenco lar,
nt least, as the enactment of laws IS coerned.
He places himself on higher ground in the
President, who is simply an e1ecutiv'ficer.
He assumes, directly or indirectly, all thethori-
ty of the State Legislative, executive and iicial,
and in effect declares am the State"
regret that 1 find it necessary to ak SO
plainly of this assumption Of authority. opeat
what have heretofore said, that do ndoubt
that NIL these orders have been issued uer an
honest belief that they Yerc necessary eIpe-
dent, and fully warranted by the Act Con-
gress. There may be. evils and mischiefa the
laws which these people have made for theslves
through their own legislative bodies, whichluire
change; but mono of these can be 50 intcable
q, the evils and mischiefs which must ensfrom
the sort of rsmedy applied. Ono can plaT sec
vhat.1ill be the inevitable confusion and order
which such disturbances of the whole civDlicy
of the State must produce. If these ntary
edicts are allowed to remain even duri the
brief time in which this provisional militayov-
ernment may be in power, the seeds will bown
for such future harvest Of litigation has
never been inflicted upon any other people
In consequences of tho above, Gen. SIckrh has
requested the authorities at Washington toieve
him of the command Of this Military Dict;
and has also demanded n Court of Inquirs to
Official actions. All this, neimagino, has-rco.t
the General much trouble or effort. For 1t in
proportion to Mr.. s1ArsERr's ,nubbingand
President JoHssos's interference, will bis hds,
the Radicals, aggrandiso him, when they 1t in
Washington in July.
And now, that the opinion Of the Ahey
General i, fully made known, the next anlost
important thing i, to see whether or not thossi-
dent will act in accordance herewith. Thtest
telegraphic dispatchesfro Washington anmco
that the President agrees with the Attorneen-
sral, and will Issue proclamation accor6ly.
The action of tho President in those premiss
subject of the deepest interest to the socrn
people. This power of unmaking and mug
Governors i, species of "miitary mccoy"
which the present peaceful condition of the sh-
ern States does not sesm to justify. Vent
the action of the PRECEDENT