The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-16
Curlailment Of the Powers Of Military Com
manders in the South.
ke0pening OF the War Between the
President and Congress.
PrOnunciamentO Of Thaddeus
Stevens.
Congress to Reassemble on the
1st of July.

Generals Opinion--Tso Provisional Gov.
ernments Allotted to the South-The Mill
tury Commanders Without Authority 10
Remove or Appoint Civil Officers.
WASHINGTON, June 10 1867
understood that printed copies Of Attorney Gen.
eral Sanberys opinion, particularly in regard to
the duties OF military commanders, have been sent
hence to the prominent papers in various sections
published on Monday From conversation with gentle
men occupying official positions it would appear
that this opinion is valuable and interesting
document than its predecessor, giving 4 summary Of
such in the Southern States as are and are not
entitled to vote at the ensuing elections The Attorney
General 1t is said holds that the reconstruction acts
provide for two governments civil and military, both
provisional, and to no obeyed by the people and con-
nued until superseded by the reorganization of the
several State under the provisions OF law
Tho military commanders are to act as con-
SENATORS Of the peace. to suppress disorder
and to protect all in their rights OF persons property
They have power to State officers executive
orindcal and their rights in with those Of all
other persons TO be respected Not being authorized
to remove. they as consequence have authority to
appoint successors. In brief they not acting the
capacity Of abrogtos Of the law Of
the peace By the opinion ITSELF however, will be
judged the correctness Of these reports.
mends the Holding OF n July session Of Con-
Rress-iiis Opinion or the Attorney Generals
Opinion.
Hon. rhaddeus stevens has addressed the following
letter to the editor Of tho Washington ChrontcIe--
t LANCASTER, Pa, June 49, 1867.
think proper to suggest the propriey Of having
quorum in Congress the 1st proximo The opinions
Of the ATTORNEY General TO require some expana
tory or supp mental ac.s. need not point out
the errors IN favor OF the rebels, as there
are many Of them easily seen. For instance,
Ia tn tn In
one years residence in the State. Every man see
that this means co,;'nnous residence immediately be-
party may take months when he . boy and
three months .,r,cw johnson, by going month
thirty years ago. conl Vote SO with regard 10 clerks,
military and civil officers and the holding OF Confed.
crate offices while IN rebellion But VIII not take
time to criicise mistake more Objectionable than
either the fact OF nsrpation by the Attorney General
10 acting at all in tho question, and treating his
directions binding officially. The Attorney General
has no more right 10 interfere than the President had to
reconstruct, which prcteDsion Congress has settled,
since II has been adudged that the conquered States
to be treated as subdued territory and rebuilt without
reference TO their former condition by the legislative pow
Or alone !. is 70 BE- supposed that Congress alone
that the attorney General Ia too good lawyer to
pretend to act under the constitution, as we'll de-
provision Of tina. Instrument His opinion just as
shs attempt 70 rsas ofcial that is oSiectonaDle
When he rules what shall be evidences obeyed, he
u nnder k's1 r.. Invitation Of The ccmsnGnc
s generals. NJ have ssd This much siS srsss
. ss question S oss1 81. sSSs e
painful fear least Il should BE- shoogns that obiruds my
Do:sSy N; ny over excited anxiety; relative % recon-
structon, must be my excuse; with great respect,
your obcdisnt servant THADDEuS STEVENS
The Power Of Military Governors.
From the Washington National Intelrencer. June Is
While the whole country and especially the bayonet
Hrr .f fAa k<anfh
ing with mournful and anxious interest for nsruc
tons from the authorities d Washington 10 regard TO
the powers aud duties OF the military commandants and
their subordinass In reference 10 reorganization, the
military officers who have been sent there Ito execute
the law are. from the force OF circumstances impeed
interpret its provisions each only according
TO hts own unaided Judgment or caprice An impendng
md gatherina worm q pop,adr indignation among ne
Of the paent oufrags PERMITTED pnperatd " Of
these dsrict commandment n the nbsncs u poare and
enspocai inxrcisu ne premises There question
mat this authoritative Interpretation Of should be
promulgated without delay, and In such shape that
iarv officer ON duy in ne South scsu dare b trea, vita
contempt Indifference, has In some instances been
done with the recently published opinion Of the Attorney
General upon the ground that Is simply opinion Of
the legal advisers OF the Executive and not binding
order upon the subordinatcs Of the constitutional Com
mander-n.C Chief Of the army and navy Of the United
States
Il i true that tho preparation OF such orders requires
time, but IL should DO remembered that they Of
paramount importance 70 any other pending public Das
extensive interests OF all parts Of the country. To the
unsettled condition OF affairs in tho South may be at
trbutsd in great part-ndecd for the most part-thc
fearful gloom that 10 settling into deepest darkness upon
the commerce and industry OF the North and West The
people want 70 kno~ the worst They are waiting
snxiously, trembling to know what Is to be expected
They have right TO be Informed without unnecessary
delay what are tho powers OF the military satraps IN the
Souih and how far thcNwill be permitted by the gov
eminent proceed IN tho programme which appears TO
been marked out. at least BY some Of those who
arc exercising penary authority in the southern States
In tho meantime these gentlemen are left 10 pursue
their course, 10 interpret the law each one for hun
will Judgment prejudcos or caprices, or whatever
Influences may be brought to bear TO guide his action
There some points however In which few OF these
autocrats have In opinion, manifestly exceeded
not only the letter but the spirit OF the law 30 mani
testify that their conduct s utterly indcfsosble and
inexcusabe For instance, however, may be mooted
Whistler the rccons,Jrcii6n laws confer upon them
~ Sswef % sspsha or remove from once any cvii
officer under any pretext whatever; u cannVt ior
moment be conteuded or pretended that there -
in any part passage OF the reconstruction statutes
single paragraph line or syllable coniernng upon them
such spponimsn.s they have clearly aud anqusonaby
transcribed aay power conferred upon them, ana
done At their peril Even u y were conceded, for
arguments sake, that they arg sl?ihsd with authority
in any case or uaasr any circumstances 10 snsp nd
remove, cannot be that they bavo any power
to appoint Although u may be claimed that they have
tho right under the statute 70 nnfy destroy state
government allegation be sustained TO the effect
that they are authorized 10 create build up civil
liar and nanenabIe right Of the people Themselves s
exclusively apopulsr functions popular right OF which
neher tho EXECUTIVE nor congress can esor uscss 'uo
people.
The Renewal Of Civil Omcers by Military
Commanders.
Iron the National fnteIiig sncer, June Is.
IL IL understood official circles that the Attorney
General Of She United States holds that STATE officers can
not be removed In virtue Of the judgment OF military
commissions By the Southern military commanders We
have already slated that his opinion went the length Of
totally denying the power OF those commanders 10
such o6csrs any In respect 10 appoint
ments 70 nlI vacancies, however accustomed, be also
holds The reconstruction acts, called contemplate
election By the people scarcely necessary 70 add
that the President and Cabinet concur with the A.
toruey General In these views, - have heretofore
stated that the opinion. % WHOLE approved Of By
them
IN connection with this topic We may also say that
the report telegsphed hence that the President viii not
take any Immediate sctcn In reference 70 the removal
Of Governor wells By General sherman ~ least pre-
mature n not altogether unfoundsd.
Msvemesss ~ the RaAscais-Sessisa OF Css.
grsss II Jsiy-As Appeal % the Rcpubscas
Meuberps