The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-06-17
WARRINGTON.
Judge Fisher still ill-Al full Jury In
the Surratt Case-0piniOn of At
fOrney General Stanberry on the
Power Of the Military to Remove
Civil Officers. ~ .s9f,15 {. 4 -7ss

WASHINGTON june Is. - Judge
Wylie again presided in the criminal
court, Fisher being still i'll. 81 II
Mr.. Caryngton submitted an objec-
tion to further proceeding TO- day, on
the ground that this term ends on
Monday next; that the Judge who
was to hold the present term is sick
and not present, and was present on
Thursday, last. that another j udge.
to-wlti Judge Garter, lis assigned TO
the next term of this criminal court; !;
and that at the commencement the
empanneling of the jury was effected
by Judge Fisher. 1t is submitted by
the District Attorney. to be Illegal to
proceed, before Judge Wylie to com
plete the empanneling of the jury in
this case. The court overruied the
objection, and Mr.. Caryngton ac
cepted to the ruling examination of
talismeu, proceeded, and finally full
jury was obtained. The court ad-
journed to 10 o clock to- night to swear
in the twelfth juror, the Judge agree
ing to examine the law in the mean
time, and see if there was any obiec
ton to the eempanneling of the jury.
There was a full jury obtained in
abe Surratt case.
WASHINGTON, june 16.-Attorney
General Stanberry's opinion as to the
power of military commanders. starts
out by the recital of the sections of
the original act applying thereto. He
says: We see clearly enough that
this act contemplates two different
governments In each ten States-ope
h. ~ he L.
civil government is recognized as ex
isting at the date OF the act; the mill
tary government is created by the
act; both are provisional. and
both are to continue until
new State Constitution is formed, and
States admitted to representation in
Congress. When. that event takes
place, both these Provisional Govern
ments are 10 cease. In the contempla-
ton of this act, this military author
ity and this civil authority are to be
acted on together. The people in
these States are made subject to both,
and must obey both, in their respect
i've Jurisdictions. There is, then, an
imperative necessity to define as
clearly as possible the line which
separates the two Jurisdictions and
the exact scope of authority Of each.
Now, as 80 the civil authority
recognized by the act as the
provisional civil government, it
covered every department of civil
jurisdiction in each of these States.
1t had all the characteristics and
powers of State Government. lesis-
lative, judicial and executive, and
was in the full and lawful exercise of
all these powers, except only that it
was not entitled to representation as
State of the Union. This existing
government is not set aside. 1t re-
cognlzes more than once by this act,
that 1T is not in any of its depart
ments, or as to any one of its func-
tons, repealed or modified by
this act, save. only on the quail
ificatlons of the persons eligible
to office, the manner of hold
ing elections. and the mode of franz
ing the Constitution of the State, and
the act does not IN any other respect
change the Provisional Government,
nor does the act authorize the mil
itary to change it. The powers to
further change it is reserved. not
granted, and it is reserved to Con
gress, and not delegated to the military
commander, Congress was not salts
he'd with the organic law or Constitu-
ton under which the civil Govern
ment was established; that Constitu-
ton was to be changed In only one
particular to make it acceptable to
Congress, and that was In the matter
OF the elective franchise. The purpose