Randolph journal. [volume] (Winchester, Indiana) 1865-186?, 1867-06-27


not even the right 20 remove "A despc-
RADIO from Office. let alone 10 take his
life. What letting down % the
Presidents bo1.5as'ss tT'oso. But
horc we have
vu - ,--BrRY's oPISIoH ArrEn nv
VITO.
This. then. - What - granted - the
military commlndcr; the poser or duty 80
protect al persons and property 70 suppress
IN direction. disorder. and violence, aud to
punish, or causq to be punished. all dis
i1rbers of he public peace and criminals,
snd he my de- this by the ascncf of the
criminal courts OF the State, or, II neces
sary, he NAV have resort TO military tribun-
als This comprises al the powers given to
the military com mander.
lit is power to protect all persons in
their rights Of person aud property. II il
net power To create new rights, but only !
10 protect those rights which erist anl are
established BY the laws under which these I
people live. II is power TO preserve, not !
% abrOgate: TO sustain the existing frame
Of social order aud civil rule, and not
power TO introduce military rule in lie place.
In effect il is police power.
"1he clear mcanins of this act is that il
civil administration 10 not 70 he interfercd
with by the military authority, unless when
a necessity for such interference may hap
pen W arise see no authority. nor any
shadow Of authority. for iutctf,r with
any other courts. or any other Jurisdiction.
than criminal courts in the cxcrc ise Of Grim
inal jurisdiction. The existing civil ~
tbority IN all its other apartments. legis.
latve. executive aud iu licial, is left uu
touched hnd no authority any where In
this act for the removal b, the military
eommanier OF the proper officers OF State.
either executive or judicial. or the appoint.
men, Of persons to their places
"Its proper junction u IN preserve the
peace. To act promptly when tie peace Is
broken, and rcstmc order. When that is
done. aud the civil authority NAV again
safely resume 10 functions. the military
power becomes again passive. hut on guard
aud waiehlnl This. In my judgment. u
} the whole scope of the military power con
fcrrcd by this act, The military commtud
er Is made c0nseryator OF the peace. not
legislator. fIis duties arc military duties,
! executive duties, not legislative duties. lie
hrs no authority 20 enact; 90 declare a new
; code OF lava for the people within his dis
,rict. uujer any idea that he can make a
better code than th, people have made for
themselves. The public policy Is not CON
mitted 10 his discretion.
Limiting myself here simply to the con.
s,rue,icn Of this act Of Cynsrrss, and 10 the
question IN What way Il should be executed
have no hesitation in sat M that nothing
, short Of an absolute or controlling n,ccs
: sity would give any color of authority for
( arrrigning citizen before military com
c mission. ! repeat il. that nothing short %
c an absolute necessity ean give any color oil
e authority to military commando % cal
r into exercise such power II is power
3 tie exercise of which may involve him. an,
> every one concerned, IN the gray,sl re
sponsibilitios''
T. "rell il not in Gath publish il not il
: the streets Of Askclon." that And,
= Johnson has lied that he and mi
. Cabinet were dishonest when he pub
lished his veto, or that he and hi
Cabinet are dishonest now in accept
ing Stanbery's opinion as being cor
rect. as Il was discussed BY section an,
adopted in Cabinet meeting
"V' .sg.xorox. June -.
o The conclusion OF tic President an
A Cabinet N reference 10 toe int.-nrItato
3 Of the military reconst-uction Laws, i
Y stated in The folio wing.
). ''.S {. s,XsT. June Is.
). Present. The President, Secretary @
e state. Secretary Of the Treasurv. $ c-ctar
e Of War, Secretary of the Navy, pos,raste
= General. Attorney General, and Ac,.nI
! Secretary Of the Interior.
:, The President announced tia. be HI,
,. under consideration the two opinions fror
,. the Attorney General. as 20 the legal cues
" ,ions arising u,on the acts of Congress:
II commonly knows as the Reconstructio
n Acts, and in view of The great magni,ud
of the subject aud various interests in
" volved. he believed it proper to have i
A Nrnn full -. -.
h himself of all the light which could b
"a afforded by the opinions and advice of tn
:, members of the Cabinet, to enable him /.
= see that these laws should be faithful
executed. aud to decide what orders and in
structions are necessary and expedient .
be given to the military commanders.
The summary was then read at length
The reading having been concluded
!, each section was then discussed, considere
and adopted. The fret section unanimousl,
except the Secretary of War. The secon
section ditto The third section unar
imousiy The fourth section unauimousl,
:, except the Secretary OF War. Tie Eft
section Unanimously The sixth sectio
unanimously, except the Secretary of War
who dissents TO the second and third para
graphs. The seventh section unanimousl,
except the Secretary OF War The eight
section unanimouslr The ninth sectio
unanimously, except the Secretary of Wal
The tenth section unanimously. The ,ley
enth section ditto. The twelfth sectic
~ ditto The thir.ee,th section uran;r,,r-i,