The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1867-06-21
Attorney General Stanberry's
Opinion.

The Attorney General has deliver
ed his opinion upon the Reconstruc.
ton Bill of Congress which defeats
the objects and intents of the act. 1t
is very long and we are unable to
publish it, but give several extracts
from an article in the Gazette regard.
ing It:
What is the effect of this opinion !?
1t binds no department of the Gov
ernment; but the acting President
may, if he chooses, make it his rule
of action, and he is the Commander
in Chief of all these District com
manders, and may countermand their
proceedings, as he probably will. 1t
is to be expected that such a man as
Mr.. Johnson will seize upon an opin-
ion which makes all his objections to
the reconstruction act as falsehoods,
when it will enable him to accomplish
the purpose OF those ialsehoods. 1t
! may no n~pectad that in o"a". - ''~o
|
ing the reconstruction act, he will
confess himself liar in all the rea
sons he gave whenAhe tried to def ea'
it by veto.
1t is easy to see that this opinion
if acted upon by the Acting Presi
dent, will materially change the re-
construction act, and may require
the whole work to be done owe
again. That act did not intend tc
establish any despotism save the DIES
potism OF justice and law. 1t die
!, intend to supplement the local au
. thorities by military administration
whenever they refused TO protect per
son and property. 1t did intend (,
hold n military control oyer the pro
ceedings of reconstruction, SO tha
they should not be under the innu
ence of the disloyal local authorities
should be held provisional only, an6
subject to removal by the United
States military authorities when they
failed to administer the laws so al
to afford equal justice to all persons
The opinion Of the Attorney Gen
eral makes these provisional officers
supreme so long rs they maintain
the forms Of legal administration
And we have had examples of the
atrocities that can be committed un
der these forms in rebel hands. |
also defeats the purpose Of the ac
| by giving the Provisional State gov
ernments such absolute control n:
will make their influence paramount
D IN the process Reconstruction. W.
, have another example of the Acting
( Presidents falsehood and self stulti
. iication, in the pretense which is SCI
up for this occasion, that whereas
, the act makes the provisional gov
ernments subject 10 the military
8 authority of the United States a
| hereinafter dcscribed,' therefore TIL,
ltpuwt~ cannot -ha exercised by tn
4 military commanders, but only b,
j. C3ngrGss ;r although Mr., Johnsol
8 aud ~ ~ Democratic confederate'
n have hitherto claimed that even TIL
powers conferred upon the Unite
States by the Constitution belong nc
} to Congress, but to the EXecutiv,
e Heretofore Mr., johnson was incline
% to wipe out Congress, and assume a
to the Executive. Now he puts bac
upon Congress the power it specific
y ally conferred upon the military. NJ
p on the shifted ground that the nil
tary authority OF the United State
,e means Congress. .5E
IA The Congress Of the nation al
not going TO have their acts thwa
's ted by Mr.. Stanberry's lawyer COZ
= structions, nor by Mr.. Johnson's r,
N sistance. They are only dclayin
a the work but II they attempt tn
- plan Of defeating it, they viii onl
1t make the work more thorough.
l. Congress is forced TO act again upo
N this matter, II viii make such dii
,. posal of these provisional govern
ments that there will be no furthe
! question as to either their statue @
e existence; and 1t will begin in tn
way reconstruction ought to hay
}. begun, by territorial, governments c
United States laws, to be continue,
uatil such a settled state of tranqiiit
y ~ and law abiding security shall b.
v established as win make fit condition.
!. Ior restori NJ the local elections. {