The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-06-26
EN. sIcKLEs AND THE. ATTORNEY GENERAL


L ss-.
GEN. SICKLEs AND TED. E.ATT0RNEY-GENERA
1t is stated that Gen. SIcKLEs has requested the
authorities at Washington to relieve him from COM
mand of this Military District. He has also de-
manded Court of Inquiry upon his Official action,
s.that he may yindicate himself from the accusa-
ton of the Attorney General, published, it is pre-
sumed, with the approval of the President"
Without commenting on the course pursued by the
commanding General, and in order that our read
ers may understand the accusations of the Attor-
ney General, we publish the following extract from
his opinion defining the powers of military COM
manders twill readily be perceived, that, accor-
ding 10 Mr.. STANBuRY, the authority of General
S1cKLEs to make and unmake laws is not even i'm
piled in the Reconstruction Acts. We advise the
people to await with patience the result of the is
sue which has been made, and which must soon
be determined:
In another of these districts body of military
edicts issued in general and special orders regu-
larly numbered, and in occasional circulars, have
been promulgated, which already begin to assume
the dimensions of code. These military orders
modify the existing low in the remedies for the
collection of debts, the enforcement of judgments
and DEGREES for the payment of money, staying
proceedings instituted, prohibiting, IN certain
cases. the right to bring suit, enjoining proceed
ines on execution for the term of twelve months,
giving new liens in certain cases, establishing
homestead exemptions, declaring what shall be a
legal tender abolishing in certain the remedy
By foreign attachment, abolishing bail ''as here
tofore authorized" in contracta, but not IN
ssother cases. known as actions eI deheto," and
changing in several particulars, the existing
laws as to the punishment of crimes, and directing
that the crimes referred to s'shal be punished by
Imprisonment TO hard labor for term not exceed
ing ten years, nor less than two years, in the dis
oretion of the court having jurisdiction thereof"
One of these general orders, being number ten of
the series, contains less than seventeen sections
embodying the various changes and notifications
which have been rected.
The question at once arises in the mind OF every
LAWYER what power or discretion belongs 10 inc
court having jurisdiction of any OF these ohences'
to sentence criminal TO any other or different pun
ishment than that provided by the law when Vcsts
him with jurisdiction. The concluding paragraph
of this order, No. TO- is in these words: "Any law
or ordinance heretofore in force in North Carolina
or Sonth Carolina inconsistent with the provisions
of this general order are hereby suspended anu
declared iuopcrative." Thus announcing. not
only mower TO suspend the laws, but 60 declare
them generally imperative, and assuming full pow
ers of legislation by the military authority.
The ground upon which these extraordinary
owers ore based is thus set forth in military order
No. l. issued in this district: "The civil govern
ment now existing in North Carolina and South
Carolina, is provisional only, and in all respects
subject to the paramount authority of the United
States ut any time to abolish, modify, control or
supersede the same" Thus far the provisions OF
the Act of Congress are well recited. What fol-
lows is in these words: "Local laws and munich
pal regulations not inconsistent with the Consti-
tuition and laws of the United States, or the pro-
camations of the President, or with such regula-
tions MS are or NAV be prescribed in the orders OF
the commanding general, are hereby declared TO
be in force, and in conformity Herewith, CIVIL ON
GERS are hereby authorized to continue the c1er-
else of their proper functions, and will be respect
ed and obcyed by the inhabitants"
This construction OF his powers under the Act
Of Congress places the military commander on the
same footing as the Congress of the United States
It assumes that 'the paramount authority OF the
United States at any time to abolish, modify, con-
troll or superscde is vested in him as fully as 1t IS
reserved to Congress- lie deems himself o. repre-
sentative of that paramount authority. He puts
himself upon IN equality with the law-making pow
or of the Union, the only paramount authority IN
our Government, so far at least, as the enactment
of lnws IS concerned. He places himself on high
er ground than the President, who is simply an
executive officer He assumes, directly or indi-
-ecly, all the Authority of the State Legislative,
executive and judicial, and in effect declares ~
am the State"
"A telegram from Washington states that Gen.
s;,r,.., r.ouest to he relieved from his command,
,nd: do,u,,d;no a Court of Inquiry, was submitted
to tbe. President who directed that Gen. Sickles
retain his command; and decnnca 10 0facr the
Court of Inquiry demanded.
= The RalcighSeminel says there is o. furn0g
supposed to be we'll founded, that the Radicals OF
North Carolina have determinedlto, use efforts 20