Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1867-06-17
THE SUPPLEMENTAL OPINION OF THE AT
T0RNEY GENERAL.

powers and duties Of Tic military commanders
determines the relations Of The civil and mill-
tary authorities in the Southern States, and
shows that the latter have in many cases cx-
ceeded their powers under the reconstruction
law. 1t sells forth that the act contemplates
two distinct governments, the one military, the
other civil, in each of the ten States comprised
in the military districts: the civil recognized
as existing ut The date Of the act, and the mil
,tary created by the act, both being provisional,
and 10th to cease when the new State constltu-
tions are framed and accepted by Congress.
The civil government, having all the character
istics and powers Of State government, legls-
latiye, judicial and executive, is recognized more
than once by the act, and is not in any respect
changed by it, save only in the matter Of the
qualifications Of voters, and OF persons eligible
to Office, the name. OF holding elections, and
the mode OF framing the State constitutions.
The power Of making any further change Is re-
served to Congress, not delegated to the mill
tary commander Whatever power Is not
given to the military by the act, remains With
the civil government The only question ~
upon the powers conferred on the military au-
thority. Each Of the ten States is made sub
iect to the military authority of the United
States not to the military authority alto
gether, but with this express limitation, as
hereinafter prescribed WHAT'S hereinafter
prescribe" is general clause, making i. the
duty Of the military commander TO give pro-
trction to all in their rights Of person and
nronprty. The Attorney General then pro
ceeds to inquire what sort Of protection is here
meant. and in what manner the pro ectlon IS
to be given. He answers that the power to
protect is not power to create new rights, but
TO nrotect those which are established by exist
inc laws; in effect, a police power, given to
meet the contingency recitcd in the preamble OF
the act. of want of "adcGuate protection for
life and property" and the necessity also re-
cited, that peace and good order should be en-
forced" This construction Is made more ap-
parent by The immediate context, which sets
forth that this protection Is TO be done by the
sunprcssion Of inSurrectl0n and disorder, and
by the punishment, either by the State courts
or nv military commissioners when necessary,
of all offenders None Of the special clauses
have reference TO any department OF the civil
administration, save only its criminal iurisdc
tjon. There is no provision whatever to esiab-
lsh courts or tribunals for the trial of civil ca
ses There is nc authority Tor the removal by
the military commander Of the proper officers
Of State. either executive or judicial, or the
appointment Of persons to their places No
such grant Of power is either expressed Or I'M
nlied in the act The concluding clause OF the
sixth section not only recognizes all the officers
of the provisional governments, but, in case OF
vacancies, directs chat they shall be hIled by
the people, not by any other power, civil or
military \ governor appointed to Office hy
military commander is neither recognized bY
the laws Of the State nor is he appointed as
military governor for 4 State which has 10 law
full governor. IF the military commander can
Gust the governor, he can oust all the other
officials of the State, whereas the act leaves
the right of electne their olicers TO The people.
In the suppression of insurrection the military
commander is independent Of the civil author
ity. and in the trial Of criminals he may super
seda the civil jurisdiction, but, il these c0ntln
gencies do not happen, the military power re
mains passive. The military commander Is
made by the act CONSERVATION OF the peace not
LEGISLATOR The act expressly declares that az
to such future changes Of laws might be ex
pedisnt the question Of expedlency, and the
mower to alter amend Or abolish, was reserved
for ''the paramount authority 81 the United
States ut any time to abolish, modify, coatrol,
Or supersade the same Where, then, does
4 military commander tind h;2 authority 10
sci aside any OF these laws!
The Attorney General then proceeds to give
some instances OF the extraordinary powers ex-
crciscd BY military COMMUNICATIVE eposing
Of Governor and the appointment Of another
in his nlacc, and the tjectment OF Judge Of
one of the criminal courts and the appointment
in his stead Ct private citizen, 10 spite Of the
fact that the commander has authority only in
casa3 of necessity to transfer The jurisdiction to
military tribunal This Is the specific ali
1bority and 10 other can be lawfully exercised.
This new judicial app0nee has the power To
infiict the death penalty, whereas the only
iudres having this power whom the act author
ICES the military commander to appoint is
.milit9rv commission Other examples are
cited of interference with civil authority in
North and South Carolina, in which the mill
tary commander assumes that the paramount
authority' is vested in himself rs fully ~ in
Congress. HE military commanders are re-
sponsibIe to the President, and the decision Of
Chief Justice Chase in the case Of the State Of
Mississippi, under this very act, is cited to
prove this position. -Bahinlo,r SIM.
The concluding portion OF the opinion is
summary of who arc entitled to regiStratipn.
!. The cath prescribed in the supplemental
act defines all the qualifications required and
every person who can take that oath s entitled
to have his name entered upon The list OF
voters
2. The Board Of Registration have no au-
thority to administer any OF her cath to the per.
son applying for registration than this pre-
scribed cath nor to administer any oath to any
other person, touching the qualifications oil the
applicant, or the talsity Of the oath 50 ia ken by
him The act to guard against talsity in the
oath, provides that if false, the person taking
it shall be tried aud punished for perjury.
No provision is made fol- challenging the
qualifications Of the applicant, Or entering upon
any trial Or investigation Of his qualifications,
either by witnesses or any other form of proof.
3. .As to citizenship and residence.
The applicant for registration must be citi-
zen Of the State and of the United States, and
must be resident ola county included in the
election district. He may be registered if he
has been such citizen for period less than
twelve months at the time he applies for regis
tration, but he cannot vote at any election M
less his citizenship has then extended to he
full term of one year. rs to such person the
Of t,;. cbo,,lH bn Do1n1