The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1867-06-26
News Items.

were registered during the day.
LYNcHBURG, VA, Juno l7,-R. II.
Glass, editor Of the Republican, was
shot in the street to-day, by the sons
Of d. E. Booker in consequence Of an
article rejecting on their father. The
shot took effect in the eye, tho ball
lodging IN the head. Mr.. Glass IS com.
Portable, but the issue is yet unccr.
tain.
WAsuINGroN, June l7.-1he opin-
ion OF the Acknowledgement is too clabo.
rate for telegraph and the reasoning too
close for a synopsis. The following
verbatim extracts cover the conc!u.
s,orS
find it impossible, under tho pro-
VISIONS OF this Act, to comprehend such
an Official as Governor Of one OF these
States, appointed TO Office by ono Of
these military commanders certainly
he ls not The Governor recognized by
The laws Of the State and clothed as such
with the chief executive power; nor is
he appointed as military governor for
a State which has no lawful governor,
under the pressure Of an existing neccs-
slty to exercise power at large, the in
tention, no doubt, was to appoint him
10 fiji a vacancy occasioncd by military
ORDER and to put him in the Place OF the
removed governor to execute the func.
tons of tho Office as provided by law.
The law takes no cognizancc Of such
official, and he is clothed with no an.
thority or color Of authority. What is
true as to the governor is equally true
as TO all the other legislative, executive
and judicial officers Of the State. If
the military commander can onst one
from his office, he can onst them all
II he can fill one vacancy, he can fill
all vacancies and thus rsurp all civil ir-
rlsdlctlon in his own hands, or in The
hands of those who hold their appoint
mcnts from hlm, and arc subject to lis
power OF removal, and thus Illustrate the
very right secured to the people by this
Act. Certainly this Act is rigorous
enough i'll tho power which it gives,
with all its severity. Tho right Of elect.
ing their own officers is still left with
the people, and it must be prcscrv-
cd.
must not bo understood as fixing
limits to the power Of the military COM
mandcrs in case Of nsurrcctlon or riot.
1t may happen that an insurrectiou IN
one OF these States may be so general
and formidable as to require the tempo
rary suspension Of all civil governments
and tho establishment Of martial law
IN Its place, and the same things may
be true as to local disorder or riot, in
reference to tho civil government Of the
city or place where it breaks out
W hatever power is necessary to meet
such emergency, the military comman-
der may properly exercise. l conGne
myself to the proper authority of the
military commander whcro pcacc and
order DO prevail. Tt IS not allowable
to displace the civil officers and appoint
others in their places under any idea
that the military commanders can bet
ter perform his duties and carry ont the
general purposes Of the Act by the
agency Of civil officers Of his choice,
rather than by The lawful incumbcnts.
The Act gives him no right to resort
to such agency, but does give the right
to have sufficient military force to
enable Inn to perform his duties and
enforce his authority within the district
to which he IS assigned, in the suppression
OF instruction and riot The military
commander is wholly independent of the
civil authority.
So, too, in the trial and punishment
OF criminals and offenders, he NAV SUI
perccde the civil jurisdiction. His pow.
er is to be exercised in these cmcrgenccs
and The means arc put into his hands
by which it is to be exercised; that is
to say, sufficient military force to
enable such officer to perform his duties
and enforce his authority and military
tribunals ofhis own appointment to try
and punish lferdcrs-theso arc strictly
military powers to be executed by mill.
tary authority, not by civil authority
or bysclvil officers appointed by him
to perform ordinary civil duties. If
these emergencies do not happen-if
civil order is preserved and criminals
arc duly punished by the regular crimi
nal courts, the military, though present,
must remain passive. Its proper func.
ton is to preserve tho peace-to act
promptly where the peace is broken and
restore order. When that is done, and
their authority may again safely resume
its function, the military power becomes
again passive, but on guard and watch.
fal. This, in my Judgment, is the whole
scope OF the military power conferred by
this Act. In arriving at this construc-
ton Of the ,Aot, / have not found 1t
necessary to resort to the strict construc.
ton which IS allowable.
Internal revenue receipts to day ST..
047,00O.
1t is stated on authority that it was
decided to restore officers removed con-
trary to law. They will be restored by
an Executive order, which will be issued
tomorrow.
The total remittances from California
for the Southern Relief Commission
amount to $4,000, in gold.