Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1867-06-29


penditures for the support Of the pcnitciitia.
ry, State asylum, and the support of the pro
V'slonal State government; but no scrip or
warrants for outstanding debts Of other Kind
than those specified will bt paia Without ape.
olal authority from these zhcat'auarters. Ho
will deposit funds in the same manner as
though they were those of the United States. :"
In another of these distiitts, ii body of nil
'tary cdicts, issued in general and special or
dcrs regularly numbered, and in occasional
circulars, have been promulgated, Which al.
ready begin to assume the dimensions of
code. These military orders modify the cx
Isting law in the remedies for the collection of
debts the enforcement of judgments aud de-
crccs for the payment Of money, staying pro.
cccdlngs instituted, prohibiting, iii certain
cases, the right to bring suit, enioininu pro-
cecdings on execution for the term Of twelve
months, giving new liens in certain; eases, cs
tablishing homestead exemptions, declaring
what shall bca legal tender, abolishing in GER
tain cases the remedy by foreign attachment,
abolishing bail Gas heretofore authorized y
in onscs e.r cuatyoctV, but not in other ca
scs, known as actions dcltcto," and changing,
in several particulars, the existing laws as to
the punishment of crimes, and directing that
the crimes referred to shall be punished. by
imprisonment at hard labor for a term not cX
cceding ten years nor less than two years, in
the discretion of the court having jurisdiction
thereof" One Of these general orders, being
number ten of the series, contains no less thar,
seventeen sections, embodying the various
changes and notifications whth, have been
rccitcd.
The question at once arises in the mind of
every lawyer, what powcr'of discretion belongs
to the court having jurisdiction of any OF these
offences to sentence a criminal to any other or
different punishment than that provided by
the law which vests him with jurisdictioh.-
The concluding paragraph Of this order, No.
10, is in these Words" I" Any law or ordinance
heretofore in force in North Carolina or South
Carolina, inconsistent with the provisions of
TINS general order, arc hereby suspended and
declared imperative. Thus announcing not
only power to suspend the laws, but to dc.
clare clare them generally imperative, and assu.
ss au.hort9Y 9 powers of legislation " - ;'is--
The ground upon which these cxtraorlina-
ry powers are based is thus sct' fbtth in Mill.
tory Order No. l, issued in this district -
The civil governments now existing in North
and South Carolina is provisional only, and
in all respects subject to the paramount au-
thority of the United States, at any time to
abolish, modify, control or supcrccdc the
same" Thus far the provisions Of the Act
of Congress are we'll rccitcd.. What follows
is in these words: "Local lawfa' and munc-
pal regulations, not inconsstent'with the Con
stituton and laws of the United States, or
the proclamations of the President, or with
such regulations as arc or may SE prescribed
in the orders of the commanding general, are
hereby declared to be in force, and in con-
formity Herewith, civil officers arc hereby au-
thorized to continue the exercise of their prop
er functions, and will be respected and obeyed
by the inhabitants"
The construction of his powers uhdct the
Act of Congress placesth the military command
er on the same footing as the Congress Of the
United States. 1t assumes that "thc para
mount authority of the United States at any
time to abolish, modify, control or supcrccdc,"
is vested in him as fully as it was reserved to
Congress lie deems himself representa-
tive of that paramount authority lie puts
himself upon an equality with the law making
power of the Union, the only paramount au-
thority in our Government, so far, at least, as
the enactment Of laws is concerned. lie
places himself on higher ground than tho
President, who is simply an executive officer.
He assumes, directly or indirectly, all the au.
thoIlIy Ol tuc oCdte, Legislative, executive anu
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 have heretofore said, that do
not doubt that all these orders have been is.
sued under an honest belief that they were
necessary or expedient and fully warranted
by the Act of Congress There may bocvils
and mischiefs in the laws which these people
have made for themselves, through their own
legislative bodies, which require change; but
none Of these can be SO mtolcrablc as tho evils
and mschefs which must cnsuc from the sort
Of remedy applied Ono can plainly see what;
will be tho inevitable confusion and disorder
which such disturbances of tho Whole civil
policy Of the State must produce. IL these
military cdicts arc allowed to remain even
during the brief time in which this provision.
al military government may be in power, the
seeds will be sown for such future harvest
Of litigation as has never been inflicted! upon
any other people.
There is, in my opinion, an executive duty
to be performed here which cannot safely be
avoided or delayed for, notwithstanding the
paramount authority assumed by these com
mandcrs, they are not, even MS to their proper
executive duties, in any sense clothed with a
paramount authority. They are, at last, sub
ordinate executive officers They are rcspon-
sible to the President for the proper excou-
ton Of their duties, and upon him rests tho
| 0nol tocponsih;iity frhov aro lilo ooloot al