The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-06-26
NO..s2G..

ed and declared inoperatiYe =
Thus announcing not only a power"
to suspend the laws, .butztosde- !,
clare them generally inoperatiYe,
and assuming full powers of legis-
lation by the military authority.
The ground upon which these
extraordinary powers are basedsis
thus set forth in Military Order
No, I, issued in this district The The
civil governments nov, existing ia
North and South Carolina ,BzSpro-
visional only, and: in all respects
subject to the paramount authority
of the United<States, at anytime
to abolish, modify, control or !
supercede the same Thus far
the provisions of the Act Of Con,
gress are well recited, ~What: fol-
lows is in these words: @Loeat
laws and municipal regulations;
not inconsistent with the 7Gonsti,
tuition. and laws of the United,
States, or the proclamation ,ofthe
President, or with such regNi&
tions as are or may be prescribed =
in the orders. of; the commanding
general, are hereby declared to be
in force; and in conformity there
with, civil officers are hereby aU-
thorized to continue the, exercise
Of their proper functions, and VIII
be respected and obeyed by tAe
inhabitants, -. d.
This construction, Of his powers
under the Act Of Con gress places
the military commander sonatAe
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, control or super.
cede," is vested in him as, fully as.
it is reserved to, Congress: II He
deems himself a Representative
that paramount authority. &g4Ee
puts himseHupon an equality With
the :~law-making power sof. the.
Union, the only paramounta7au:;
thority in cur government, sofar,
at-least, as the enactment Of laws;
is. concerned. He places himself
on higher ground than the PresE :
dent, who is simply an executive
officer. He assumes directly Or
indirectly, all the authority Of the.
State, Legislative, executives and
judicial, and in effect. declares
am the, State,'E ID. u :, 1ass2s$.E :
I regret that 1 find Unnecessary
to speak so plainly of this, aSsunap4
tion of authority..,,I repeat what
I have heretofore said, sthatesIxdo.
not doubt that al, these orders
have been issued under an honest
belief that they were necessary or
expedient, and, fully warranted By
the Acts ofCongress. 2 There may
be- evils and mischiefs in the laws
which these people have made for:
themselves; through their own
legislative bodies, which requiTe:.
change; but none Of these can be
SO intolerable as the = evils and
,mischiefs which must 'ensue from
the sort of,remedy applied: 9ne
can plainly SEQ what will be the
inevitable confusion and disorder
which such disturbances Of the
whole civil policy of the State
must produce. If these. military
edicts are4a allowed toremain even
during the brief time in which
this provisional military govern
ment may be in poWers5the seeds
will be sown for. such q future hat-
vest Of litigation as has never been,
Inflicted upon any other people,
There Is. in my opinion, .ag
executive duty to be performed
here which cannot safely be AVOID
ed. or delayed; for hotBithsfand4.
ing 95he paramo moant authority.as as:
sumed by these commanders, they
are not. even@'ass to, their proper
executive. .9dntiesy iin,eany = sense.
clothed with a paramoGntsauthotb
ty.. They are, at least, sabenaE
nate, executive officers. TheyLat;G
responsible to. the. PresidGnta for
the proper execution; Of Their
duties, and Upon, him rests the
final Responsibility. They are ihis
selected agents. His duty as; not :
all performed BY selecting; snc
agents. as he deems cennpetentS
but the duty remains, with hiaG
sec to it that they exeeutea Their
duties faithfully and according ITO
law. <.a,-. - - .s.-s.- "a
It is true that this Act Of Con-
grcss only refers to the President
in the matter Of selecting and ap-
pointing these commanders, andin
the matter Of their powers and
duties under the law, the Act
speaks in terms directly to them;
but this does not relieve them from
their responsibility to the Presi-
dent, nor does it relieve him from
the constitutional obligation i'm
posed upon him, to see that all "the
laws be faithfully executed"
It can scarcely be necessary to
cite authority for so plain a pro
position as this. Nevertheless, as
we have a recent decision COM
pleteIy in point, l may as we'll
refer to it.
I-non the motion made hE The