Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-06-26
Attorncy-General's Opinion.

WASHINGTON, June II, noon.-The opinion
of the Attorney General is too elaborate for
telegraph and reasoning too close for synop:
SIS The f6llowing verbatim extracts cover
the conclusions:
81 find it impossible, under the provisions
of this act, to comprehend such an official as
o Governor OF one of these States, appointed
to Office by one'of these military commanders.
Certainly he is not the Governor recognized
by the laws of the State, elected by the peo-
Pile Of the State, aud clothed rs such, with
the Chief Executive power; nor is he ap-
pointed as Military Governor Tor State
which has no lawful Governor, under the
pressure of an existing necessity to exercise
powers ct large. The intention, no doubt,
was TO appoint him to fill q. vacancy occa-
stoned by a military order, and 20 put him in
the place of the removed Governor, to exc
cate the functions Of the Office as provided
by law. The law takes no cognizance of
such an official, and he is clothed with no
authority or color ofauthority. What is true
IS to the Governor is equally true as to the
other legislative, executive and judicial Off
GERS of the State. If the military comman-
der can oust one from lis office he can oust
them all. If he can fill one vacancy be can
jurisdiction into his own hands or the hands
of those who hold their appointments from
him, and be subject TO lis power of removal
and thus Illustrate the very right secured to
the people by the act. Certainly this act is
rigorous enough in the power which it gives.
With all its severity, the right OF selecting
their own officers is still left with the people,
aud it must be preserved. must nos be un
derstood as fixing limits to the powcc Of the
military commander in case of an actual in
surrection or riot 1t may happen flat an in
sulrectioh in one of these States may be So
general and formidable as to require he TEN
porary suspension Of all civil governments
and The establishment Of martial law in lis
place; and the same thing may be true as to 10.
cal disorder OF riot in reference the civil gov
crnment of the city or place Where it breaks
out Whatever power is necessary to NEE!
such emergencies tho military commander
may properly exercise. coufnc myself to
the proper authority Of the military comman.
der, where peace and order prevail. When
peace and order do prevail, ii is not allowa
others in their places. nader any idea that the
military commander can better perform bis
duties and carry out the great purposes of the
act by the agency Of civil officers of bis own
choice than by the lawful incumbent. Tic
act gives him no right to resort to sach sgen
cy, but does give him the right to have Suf
ficient military fcrce to enable him TO perform
his dut; and enforce his authority within the
distric; to which he is assigned 10 the sup
preston Of insurrection and rio:, tie military
commander is wholly independent of the civil
authority. So, too, in the trial and puaish-
ment of crimina and offenders, lie may su
p. rsedc the civil jurisdiction. His power is
to he exercised in these special emergencies,
and the means are put into his hands by
which il is to be cxerciscd--that is 10 say. a
Sufficient military force to enable such officer
to perform his duties and enforce his authorl
~. and military tribunals of hi' own appoint-
mcnt to Try and punish offenders. These are
strictly military powers, to he eXecntcd by
mlllif,ry authority, not hy the .i:il authority
or by civil of!ccrs appointed ty. him tc per
torn ordinary evil dutics If these emer-
gcnces 10 rot happen-if CIV order is pre-
served and Criminals are duly prfsecnle'! bF
the regular Criminal Courta..ihc military
power though present, must ,eHaia passive.
It's proper function Is TO preserce the ponce
to act promptly when tle pc;cs is broken, and
restore order. When that is '!onc, and ;he
civil authority may again sally resume lis
functions; the military power leconcs again
passive, but on guard aad wa:cb:ul. This: in
nv Judgment, is tie whole sco2aof the mill
tary power conferred BY this aci ard in az
rir:ng at this construction Of he act haze
not f0usd it necessary to resort to the strici
construction hich is allowable"