Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-06-17
NEWS
ny TELEGR.sPH.
.ra THE DAILY DEMOCRAT.
WASHINGTON.

Fisher being sal sick.
NJ s,arrintten submi.tcd objections 70
further psncee iHg m The case 'e-aef on we
Ian .is ,ha. ,his term ended Monday next,
"a rtst,tt Ju-.se o,lit oe 10 hold The pres
..at ter.a W. s.ss and nat preeett aad that
.,.4.t+r Jrtr - Wit. il ~ Coe'er, Is A.
.4s.,.f 10 lie uexs term OF th,s Criminal
.,.ur. and that as at the commencement
The i.fy rsas err panneled by Judge Fisher.
II i submitted 10y the District Attorney as
being illegal before Judge Wylie. TO CON-
ple,e the empauneling Of the juryin this case
The court oyerIuled lhe Objection AID Ar
Csrringlon accepted the ruling, and 'bet tx
animation Of ralesn All proceeded, until the
,ull nnnber was obtained. The court adj
jparnei until 10 O'Clock TO night 10 swear
in the 18Th ilror. the Judge agreeing To ex
anime the law in the meantime and see II II
vas contrary TO the law 10 empannel the
Jury
The Court re assembled 10 night. The
4 Jurors were called and the 18th juror sworn
! Judge Wyle having stated the case was
| clearly OF the opinion that the jury must be
.mpanneled. After q long dispute between
LAWYERS on the Question OF discharging the
Jury until Monday, the indictment was read,
aud ,e prisoner plead not guilty. BY re
quest OF the prisoners counsel and the con-
sent of the government, the jury were allow
Cd 10 separate until Monday morning with
the udmcniiion 10 avoid conversation with
any body on the subject Of this case.
ihe National lnieIieeneer says, II Is IN
derst0od in Official circles that the Attorney
General holes that state officers cannot b.
removed by the jliEemeni ol Military Com
miss oBs, by Southern military commander
IN certain cases TO ill vacancies howevel
nrcasinned, lie also holds 1t the recon
-iiuciion act, so-c.lled. contcmplstes mi
electinn ly the people. II is scarcely neces
sary to add that the President aud Cabine
CONCUR with the Attorney General Ia thes
conclusions.
The report telegraphed hence that lib
President will nottGke any immediate nc
ton In reference TO the removal ot Cox
Wells by General Sheridan, is at least PA
mature If not altogether unfnunded
Cumoiore John A Winslow has bee
placed on the waiting orders llst.
II is understood tina. printed copies {
Attorney General Stansberry's opinion
regard to the duties of military commal
,iers has been sent hence tn prominent pr
,ers in various States, to be published o
Monday.
From conversation with persons occNp
ing official positions, IT would seem th'
his o,iuion ia n more valuable and int
d rs,ing document than its predecessor, q
;, ing summary OF such persons IN u
! States as are aud are MT entitled 10 vote
:. the ensuing election.
II The Attorney General, it is said, hol
4, that the reconstruction act provides for ~
governments, civil and E,iliiary,en that
provisions must he oh ,yed by the sp,oi
and ,nt;nuod until suspended by the rec
sanisation OF the sever Estate government
h under the provisions of the law.
4 ,oy4rfs ru n m
conscrva ors or the peace and suppress d
% order. and protect III in their iishis OF p'
eon and property. They have NJ power
remove & ate officers, executive or ladici
q and not being author Zed To remove The
~, A. a const quepee, have no authority TO 9
"a uoin, q gu cessor. In brief, they are T
NO acting in the capacity of ahrogetors of
Iei law. but "a conservators Of the peace.
1t Thsd Stevens addressed the following
ter 10 the editor of the Washington Chr
- icie
LA~cAsrRR, PA, June 13
- think IL is proper 10 suggest The rroI
n ely Of having gu 'inm IN congress on
nc irst pruximo. I'hc opinions Of the Az
ney G., neral seem 10 require some expa
tory seppcmenlal act. need no, pc
nuf ,he errors IN iavors Ci the rebels
many of them can be easily seen For
in stance. 1t is provided that 10 entitle to
recistered requires enc vcars residence
~. ~, SAFE any mla can sec thai II me-:
h'e { niinucd residepce Immediately before
80 election The Attorney General holds u
/. The nariy may tasc nine months when
sh Was boy aud thiee months as N
~ And ew Jnhnson by going month
fton tore the election To North Carolina. VIII
-. he lived thirty years ago. could vote
'eo with regard To clerks. military and civil
t'c,rs. and the holders of confederate
ces while in rebellion. But will not I,
and time to critcse now. A mistake more
. n iectionahe is felt of usurpition by the
and tornev General in acting ut all IN questl
Pm ard creating his decisions as binding I
caliv. The Attorney General has no M
=. ripbi ~ interfere, than the President ha'
reconstruct, which pretension Congress
lur settled, ,hu; the states in rebellion are tt
treated "a subdued territory, and 'eb
kets aithou, reference 10 their former condit
nv Legislative power alone II isto be
sNn posed that Congress alone is 10 be sppe'
' ss' Ia in the case of difficulty. 1t is true
... the Attorney General is too good law
IN 10 pretend Ia act under the Cone.itut
As is well decided that in admitting
It. states, as conquered territory, it docs
ago. come within the provisions of that ms
ment His opinions are lust
por' good ne any ether good
~. yer. and no better. Il is the attempt
- fest il as official that is objectiona
- When he rules Whit shall nc evince
ODE ycd, he does great wrong. He h
fair excuse. however, under Invitation
TT. the commanding General. have said
"a" much with great reluctance, but finding
- colleague indifferent To the question
no. been able 10 refrain.
s. l fear lest it should be thought obi
llbuo ,pt. inn .,t,a nnhlic matter
'r no my anxiety relative to reconstruction I
-. - be my excuse With great respect,
no,. obedient servant.
"''' THADDEus STEVE,
- WASHINGTON. June Is Attorney
r, cral Stansberry's opinion as to the pow'
: =; the military commanders, starts ont
g recital OF the sections of the original
b. applying thereto. lie Gays: We zee C
= " enough that this act contemplates
l1AS distinct governments, in each OF the
States one the military, the other the Z
CAN The civil goserpmeut is recognized as
wha, isting at the date OF the act; the mill
than government Is created bv the act.
! ~ are provisional and both are to cont
- until the new State constitutions are fra
|E and these States is admitted to represt
ton in Congress When that event I
place both these provisional governm
are TO cease In contemplation Of this
'p.. this military authority and this civil au'
r. ity are to he exits until the people in I
'A1s states are made subject to both and !
obey both in their respective jurisdicti
tpOl There lie then, an imperative necessity
define ae clearly as possibls the line "
separates The two Jurisdictions and exs
the scope of authority of {
Now ms to the civil authority recognize,
ouse lhe act NJ The provisional civil guverDn
cnvovud aVafv depQrflnpnt n civil
diction. In each of these states 1t ha'
'1Ai the character sites and powers OF q
No.. government, legislative, judicial and e,
: ~ tive, and was in the full and lawful I
peel cise Oh NJ s"o
tiUu only vDat ~ Wos not e0tttieV 70 ttpIcr'