The Vermont transcript. [volume] (St. Albans, Vt.) 1864-1870, 1867-06-21
THE TRANSCRIPT.
The Power of Military C0mman-
dcrS,

Attorney General Stanberys opin-
ion on the Reconstruction Acts has at
last been given to the country. 1t is
too long for our columns, but we will
endeavor TO give the readers of the /
TrASscnIrr the gist Of the document I
which very naturally attracts consider
able attention. The.A Attorney General
saws that he ,findreno authority any
where in Observation-Disclosures Act for
the ren,ovlifSy 7sMASiHag Commander
-, !, eN4Weo Xe9r SilT g. o;,bo,
OF thsspksl2AH Qs'' qsPsSsffl Ia p,a'e' ei'uoi
Esaculi4p efi SRdiaial, or for the ap-
,mIn uin&uxa,Dbrlsr~ons TO their places.
qysfHirfsiasH6 tpa5f IN express grant of
DISK bblobse gPoWQdfd Justify the removal or
9ipoiAiment of such an officer. There
dnra,o such grant either expressed or
even implied. On the contrary he
SAYS the act clearly forbids it. He
says: Il found it impossible under the
provisions of this act to comprehend
such an official as n Governor of one
Of these States appointed to Office by
one Of these Military Commanders.
The law takes no cognizance of such
an official, and he is clothed with no
authority or color of authority. What !
is true as TO the Governor is equally
true as to all other Legislative EXccu-
tive and judicial officers of the State.
Certainly the act is rigorous enough
in the power which it gives With all
its severity, the right Of electing their
own officers is still left with the peo-
pie, and it must be preserved. This
opinion is confined to the proper au
thority of the military commander
where peace and order prevail In
case of an actual instruction or riot
in one Of these States so formidable as
to require the temporary suspension
of all civil government and the estab-
lishment of martial law in its place,
whatever power is necessary to meet
such an emergency, the military com
mander may properly exercise.
Mr. Stanbery says nothing short of
an absolute necessity can give any col
or of authority to a Military Comman-
der to call into exercise such power.
1t is power the exercise of which may
involve him and every one concerned
in the gravest responsibility. The oc-
casion for its exercise should be re-
ported at once to the Executive for
such instructions as may be deemed
necessary and proper,
The Attorney General is clearly of
opinion that Military Commissions can
take cognizance of no offence that has
not happened after the law took effect,
and that they have no jurisdiction to
try and punish for acts not made
crimes or offences 10y Federal or State
law. There is no Legislative power
given under the Military bill to estab-
lish n new criminal code as to crimes
or offences against the laws Of the
United States. The military authori-
ty can take no cognizance OF them mol
in any way interfere with the regular
administration of justice by the appro
pirate federal courts.
The opinion of Mr.. Stanbery is il
striking contrast with the veto Q
President johnson at the time the en-
actment was adopted and which ther
is every reason to believe, met wit
the full approval of the Attorney Gen
eral. The President says: THE lay
will have the effect of placing tn
whole population Of the South, thei
lives, liberties and property under tn
irresponsible control of the mihtar
commanders appointed over them.
Again: Being bound by no Stat
law, and there being no other law t
regulate the subject, he may make
criminal code of his own, and he ca
make it as bloody as any recorded i
history, or he may reserve the priv
lcgcs of acting upon the impulse of h
private passions in each case thi
arises" At the time tho act WI
passed there was no doubt that IL
District Commanders had the pow'
of removal; and there is none now,
the words Of tie act are given a ia
and reasonable construction. If Pre-
idont Johnson proposes to act on Il
opinion of his Attorney General, the
will undoubtedly be an extra sessiC
of Congress, which has fortunate
been provided for.
Vermont Reform School.
The first anniversary and nnnu