The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1867-06-26
The Attorney Generals. Opinion Re
garding Military Commander

regard to the powers ofthe Military Com
nanders has been received in full. Tie
following verbatim extract. cover the con
illusions:
81 find it impossible, upGer the p'ovi-
sions Of this act, TO comprehend such an
othcisl AS Governor Of Que Of these States.
appointed to office bv one Of these Militia
~ Cummandsrs,-c he is not the
Governor recognized by the laws of the
State, and clothed as su:h with the Chief
Executive power, nor is he appointed IA y
Military Governor Tor State which has
no lawful Governor under The pressure Of
An existing necessity to exercise powers at
large The intention no doobt was to
appoint him 10 fill vacancy occasioned
hy a Military error, and to put him in the
place OF the removed Governor to execute
The functions OF the office as provided by
law.
The law takes no cognizspce ofsuch an
official, aud be is clothed with no color Of
authority.
What is true as 10 the Governor is
'uC no W MI tUt Ot'tE CktCUt1N6,
Legislative and Judicial officers Of the
State.
If the Military Commander can Gus,
one from his office, he can oust them all.
Il he can fill one vacancy, he can fill all
vacancies, and thus usurp all civil jn,isdic
ton into his own hands, or the hands Of
those who hold their appointments from
him, and subject to his power Of removal.
aud thus frustrAte the very right secured
to the people by this. sc'.
Certainly iii. act is rigorous enough in
the power which it gives. With all it's
seventies, the right Of cleeting their own
officers is still LEFT with the people. and it
must he preserved. | must not be under
stood ss fixing limits To the power Of the
Military Comm nders in case of an actual
insurrec,ion or riot Il NAV happen tliat
An irsurreclion in one OF these Sta'es may
he so general aud formidable as TO require
the temporary Suspension Of al civil gov
-rnm-nt and the establishment, Of martial
law in its place. And the same thing
mnv be true AS to- local disorder or riot in
reference to the civil government Of the
city or place where it breaks out. What
ever power is necessary to meet s0ch
emergencies. the Military Commander
may properly exercise. | coufne mrseIf
tn the proper authority Of the Military
Commander where tesce and order pre-
vail. When peace aud order do prevail,
1t is not allowable to dispIacs the civil
officers and appoint others in their places.
under any idea thst the Military Com
msnder can better perform bis duties aud
carry ont the general purposes of the ACT
bv' the agency of civil officers OF his own
choice, rather than bv the Ia~fnl iocu,n
bents. Tue act gives him no right to re
sort TO such 1gencs, but does give him
the ri,ht to have sufficient military force
to enable him TO perform his duir. and
enforce his authority within the district TO
which he is ASST pned.
In the suppression OF insurrec:ion and
riot the Military Commander M wholly in
dependent. Of the civi! authority. SO. too,
il the trial and punishment Of Grimm als
and offenders, he NAV supercede the civil
jurisdiction. llw power is 10 be exercised
IN these special emergencies, and the
means are put into his hands by which it
is TO oe exercised. rhat is to say. suffi
cient Military force TO enable such officer
to perform hi. duties and enforce his au
thori'v, and Military tribunal Of hi. own
appointment to try and punish offenders
These a'e strictly military powers to be
executed by military authority. and not
bV the civil authority. or civil officers ap
pointed by him to perform .ordinsfy civil
duties.
II these emergencies do not happen
IL civil order is preserved and criminals are
duly prosecuted by the regular. criminal
Courts, the military power. though present,
must remain passive. Us proper function
is TO preserve the peace. to act promptly
when the peace is broken, and restore
order. When that is doe and the civil
authority may again safely resume its
functions. the military power bscome.
again passive, but on guard ADD watch.
full.
This, in mv Judgment, is the whole
scops Of the Military power conferred by
this act. And 10 arriving at this con
srnctioL Of the act ! have not found i,
necessary to resort to the strict const:uc
! ton who is allowsbis