The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1867-06-26
Mr.. Stanbery and Gen. Siokles.


TO publish tho whole opinion of
Nir. Stanbcry would occupy more
space than we can afford to give. The
reader will gather a good idea of the
bearing of the argument from it's ap-
plicatlon to tho case of our Military
Commander. 1t is true no name of
amy general is given in the Attorney
Generals opinion, but every one in
this Military District will recognize
who is alluded to in the following cx-
tract from Mr., Stanbcry's opinion:
In another Of these districts BODY
OF military cdicts, issued in generul
and special orders regularly number
ed, and in occasional circulars, have
bocn promulgated, which already be-
gin to assume the dimensions of a
code. These military orders modify
the existing law in the remedies for
collection of debts, the enforcement
OF judgments and dccrccs for the pay
mcnt of money, staying proceedings
instituted, prohibiting, in certain
eases, the right to bring suit, cnion-
ing proceedings OH execution for the
term Of twelve months, giving new
liens i'll certain cases, establishing
homestead exemptions, declaring what
shall be legal tender, abolishing in
certain cases the remedy by foreign
attachment, aboliShing bail cas- here
toforc authorizcd' in cases &c cont,uctu,
but not i'll "othcr cases, known as cn
deltcto )" and changing, in several par
ticulars, the existing laws as to the
punishment Of crimes, and directing
that tho crimes referred to ':shall be
punished by imprisonment at hard
labor for term not exceeding ten
years nor less than two years, in the
discretion Of the court having juris-
diction thereof" One of the gone
raj orders, being numbered ten of the
series, contains 10 less than seventeen
sections cmbodying the various chang
cs and notifications which have been
rccitcd.
The question at once arises in the
mind Of every lawyer, what power of
discretion belongs to the court having
jurisdiction of amy OF these offences
to sentence a criminal to any other or
different punishment than that pro-
vided by tho law which vests him with
jurisdiction. The concluding para
graph Of this order No. 10, is in these
words: "Any law or ordinance hereto.
foro in force in North or South Carolina
inconsistent with the provisions of this
general order, arc hereby suspended
and declared Imperative" Thus an
announcing not only power to sus-
pend the laws, bnt to declare them
generally imperative, and assuming
full powers Of legislation by the mill
tary authority.
The ground upon which those cx-
traordinary powers arc based is thus
set forth i'll Military Order No. |, is
sued in this district: "The civil GOV
ernment now existing in North
and South Carolina, is provisional
only, and in all respects subject to the
paramount authority of the United
States at any time to abolish, modify,
control, or surpcrcede the same"
Thus far tho provisions of tho act of
Congress arc well rccitod. What fol-
lows is in these words: "l4ocal laws
and municipal regulations not incon-
slstcnt with the Constitution of the
Unite States, or the proclamation of
the csidont, or with such rcrula.
tons a' arc or may be prescribed in
the orders of the general commanding
arc hereby declared to be in force,
and in conformity Herewith, civil Off
GERS are hereby authorized to continue
the exercise Of their proper functions,
and will be respected and obcycd by
the inhabitants"
The construction Of hi, powers un-
der the act of Congress places the
military commander on the same foot
ing as the Congress of the United
States. lt assumes that 'thc para-
mount authority OF tho United States
at any time to abolish, modify, con
troll OF supcrccdc," is vested in him as
fully as it is reserved to Congress-.
He deems himself representative of
that paramount authority. He puts
himself upon an equality with him law
making power of the Union, the only
paramount authority in our govern
mcnt, so far, at least, as the enactment
of laws is concerned. Hc places him
self OH higher ground than the prcsi-
dent, who is simply an executive Off
Ger. Ho assumes, directly or Indirect
ly, all the authority of the State, lc-
gislativc, executive and Judicial, and
in effect declares 81 am the State"
regret that [ find it necessary to
speak so plainly Of this assumption
of authority. | repeat what I have
heretofore said, that ] do not doubt
that all these orders have been issued
under an honest belief that thcy were
necessary or cxpcdicnt, and fully waf-
rantcd by the act Of Congress. There
may be evils and mischicfs in the laws
which these people have made for
themselves through their own lcgisla-
tive bodies, which require change :;
but mono Of these can be so intolcra-
bla no Tho nuilo oo1 o,;e,L;nc, ,l:I