The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-06-26
VOL. III,


eraI as to the Powers Of the
Military Commanders.
:. ATTORNEY GENERALS IS OFFICE,
June II, 1867.
The President.
= SIR On the Oath ultimo, | had
the honor to transmit for your
~ consideration my opinion upon
some ofthe questions arising under
the reconstruction Acts therein
referred to. >Inow proceed to give
nv opinion on the remaining qnes,
tions, upon which the military
commanders require instructions.
First, as to the powers and
duties Of these commanders.
T. The original Act reeites; in its
preamble, that s'no legal State
Governments or adequate protec-
ton for life or property exist" in
those ten States, and that ut is
necessary that peace and good
order should be enforced" In those
States until loyal and republican
State Governments can be legally
established"
The first and second sections
divide these States into five mill
tary districts, subject to the mill
tary authority ofthe United States
as hereinafter prescribed, and
make it the duty of the President
to assign, from the officers Of the
army, q general oneerto5 the COM
mand Of each district, and to fur
nish him with military force to
perform his duties and enforce his
authority within his district.
The third section declares, "That
it shall be the duty Of each officer
assigned as aforesaid to- protect all
persons in their rights of person
and property, to suppress insur-
rections, disorder and violence,
and to punish, or cause to-be pun
ished, all disturbers Of the public
peace and criminals; and, to this
end. he may allow local civil tribu-
mails to take Jurisdiction of and try
offenders, or, when in his wdg=
ment it may be, necessary for the
trial Of offenders, he shall have
power to organize military COM
missions or tribu1 ais for that pur-
pose; and all interference under
color of State authority with the
exercise Of military authority
under this Act Shall be null and
void, -.s --.-
The fourth section provides
sHtbat all persons put under mill
tary arrest by virtue Of this Act
shall be tried without unnecessary
delay, and no cruel or unusual
punishment shall be inflicted and
no sentence of any military com
mission or tribunal hereby authori-
zed, affecting the life or liberty of
any person, shall be executed
until tits approved by the officer
in command of the district, and
the laws and regulations for the
government of the army shall not
be affected by this Act, except in
so far as they conflict with its pro
visions: Provided, That no sen
tence ofdeathunder the provisions
Of this Act shall be carried into
effect without the approval Of the
President - H.
The fifth section declares the
Qualification of voters in all cleo,
tions, as. we'll to frame the new
constitutiontfor each State as in
the elections, to- be held under the
provisional Government until the
new Stateaconstitutions is ratified
by Congress, and also fixes the
qualifications Of the delegates to
frame the new constitution.
The sixth section provides THAT
until the people Of the said rebel
States shall be by law admitted to
representation in the Congress OF
the United States, any civil gov
ernments which may exist therein
shall be deemed provisional only,
and in all respects subject to the
paramount authority ofthe United
States, at any time, to abolish,
modify, control or supercede the
same ; and in all elections to any
office under such provisional gov
ernments, all persons shall be en-
titled to vote, and none others
who are entitled to vote under the
provisions Of the fifth section Of
this Act; and no person shall be
eligible to any office under any
such provisional governments who
would be disqualified from holding
Office under the provisions Of the
third article Of said constitutions.
amendment"
The duties devolved upon the
commanding general by the sup,
Elementary Act relate altogether
to the registration Of voters and
the elections to be held under the