The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-06-18
them faithfully and in accordance with tt

spirit and the letter of the acts.
We think that to the people Of the States
within whose limits these laws are intended to
!operate,as well as to the President, there is
one rule of Interpretation, which, by the one
and'the other, it is pre-eminsntly wise and pro-
per, should be rigidly adhered to. That rule
is, to interpret the meaning of Congress by its
plain language, as used in it's acts; to under
tand what Congress meant by what Congress
said. In these States, we have no use for re-
fined and technical constructions Of these en-
actments. They are plainly written; let them
80 be read.
If we 30 read them, what will we learn?
That no illegal State Governments or adequate
protection Of life or property now exists in the
rebel States" Thereupon follows the declara-
tion that .'peace and good order should be en-
forced in said States until loyal and Republican
State Governments can be legally established"
The declaration that these things "should be
DONE" is to be interpreted In the consideration
of the other provisions of the Aot, as meaning
that they "shaH be dons," and the power and
the authority created by such provisions must
be accepted as created for that purpose.
These provisions, then, for such purposes,
divide the Southern States into military Dis
triots," and these are "made subject to the
military authority of the United States, az
hereinafter pre,c.i6ed." These words which are
itaicised are not without meaning.
In these "Militsry Districts il is made the
duty of the President sto assign to the COM
mand of each" An officer Of the army, and to
detail sufficient military force to enable such
officer :.to; perform his duties and enforce his
authority ~; And then in the third section Of
the Act is the enunciation Of the duties Of these
officers; these duties involving supervision
of the public and private relations Of those who
are In these States. To protect all "in their
rights Of person and property, to suppress in
surrection, disorder and Violence" and "to
punish, and cause to be punished, all disturb
ers Of the public peace and criminals" Is
briefly to condense all the objects for which
government is established. And II sis over.
these objects that "the officer assigned as sfore-
said" is placed. With these great objects COM
mitted to him, what are the agencies given
to himY He has "the military FORCE" and he
may allow local civil tribunals to take jurisdio-
tion Of and try offences; or he may dispense
with them and organise military commissions q
tribunal for that purpose. And If he does, "all
! interference under color Of Slate authority
with the exercise Of military authority under
this Act, shall be null and void;" this being
the consequence Of the leading proposition upon
which the whole Act Is based, that "no loyal
State Governments now exist" In these States
In the 9th section Of the Act, II is declared
that "any civil governments which may exist"
in this or the other seeding States, 'shall be
deemed provisional only, In al respects, sub
ject to the paramount authority Of the United
States to abolish, modify, control or supersede
the same" In whom according to the terms Of
the Act is the military authority Of the United
States In and over these States vestedf In
him, we suppose, upon whom is devolved re-
sponsibility for the duties imposed and de-
olared by the Act And If we refer to the Act
to determine who is the person responsible for
the performance Of these duties, We will find
1t plainly written; that 1t Is the officer as
signed to the command Of each Of tho said
Districts.
Now we do not wish to be misunderstood
as If we were enscting this law: We are simply
reading it as it is written. We are simply de-
sirous Of knowing what Is required Of us in
and by its provisions, and we trust that when
the Attorney Generals opinion is published
in full, we may have some satisfactory light
upon the subject Nor do we wish to be un-
derstood as saying that these officers 80 assign
ed are not responsible for what they do, or
what they leave undone. What we do wish,
however, clearly to present is that when the
President is urged to do and to undo at his
will and pleasure, whatever is done or undone
by those officers, the President is made directly
responsible for all tho consequences Whieh may
ensue, and these officers are reheUed from all re-
spos,si5ihty. For in the exercise Of that large
and most responsible diseretion with which
these officers are invested, there can be no
division Of their responsibility. II they are
bound to suppress insurrection, disorder and
violence; if they allow local civil tribunals to
punish offenders: or organize military com-
missions for that purpose and if all and any
interference Of State authority with the e1er-
oise Of their military authority is null and
void; if in addition to this it is seen
that only in cases Of the sentence Of death is
the approval Of their acts by the President re-
ouired, what other conclusion is left US than
that Congress intended to make these Com
manding Generals the immediate agencies
through which that power Of government in
and over these Southern States was tobe e1er-
cissd, which Congress had declared belonged to
it as the sole and properd apartment of the Gov
vernment capable of aiding in such cases
And when the President is urged to interfere
with measures which are adopted in the dis
charge Of the duties imposed by these acts,
they who urge it upon the President should
be we'll advised that the country at large will
sustain him in that interference. And if un-
toward consequences should result, 1t will be
for those who so importunately urged upon the
President to interfere, to sustain him when the
ends Of Congress shall be defeated, the resto-
ration Of these States delayed, and other ills
ensue-because of that interference-to which
he will have been, we fear, with passion, but
without wisdom, so inconsiderately urged.
REMEMBER THE SALE
OF THE GEORGIA STATE LOTTERY TICKETS FOR
" the beneft Of the Masonic Orphans Home, GLASS
G, closes TAi, Day at o P. N. Ofioe No. 20 BROAD
rLEET June 18