The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-07-16
COLUMBIA.
tuesday M0rning, JJuly is, 1857.


quest of the President, whose legal
adviser he is, wrote out his opinion
on, and gave his Interpretation of,
the reconstruction Acts passed by
Congress at its preceding session.
The Attorney Generals interpreta-
ton was at once pronounced not to
be the true meaning and intent of
the aforesaid Acts; and consequently,
in pursuance of the provision made
by Congress at its adjournment, that
body assembled on tho Sd instant,
and on Saturday last the 18th, passed
q declaratory Act, which puts beyond
cavil or dispute the true construc-
ton of the laws at least, what it
meant by the aforesaid enactments.
We published, on Sunday, the full
text of this declaratory Act, as passed
by both houses, received by tele-
graph, and our readers, by this time,
fully comprehend their position, and
the nature of the temporary govern
ment assigned to them. We will
endevaor to give brief summary
they need no interprotation-of the
provisions of this last Act.
The first section wipes out the
State Governments existing at the
time of the passage of the recon
struction Acts, for it is declared that
they "were not legal State Govern
ments," and that. by the Acts afore-
said, they were only permitted to be
continued on the condition that they
should be ''subject in all respects to
the military commanders of the re-
spective districts and to the para
mount authority of Congress-" No
legal quibbling or technicalities can
misconstrue, or affect in the slightest
degree, this plain and positive enact
ment. The Commanding General of
this military district is invested with
all the powers which formerly apper-
tanned to the State Governments of
North and South Carolina.
The second section is only q natu-
raj sequence of the first, in vesting
the Commanding Generals with the
power to remove State officers, and
fill the vacancies mado by such re-
movals, subject only to tho disap-
proval of the General Of the Army.
1t Will also be noted that in this sec
ton the term "so-called State" is
used-from which we infer that the
late 'rebel States" are not yet regard
ed as bona tide States by Congress,
and will not be so regarded until
reconstructed in conformity with the
laws.
The third section, while not divest-
ing the President of his constitu-
tional rights rs Commander-in Chief
of the Army, invests the General of
that Army with all authority touch
ing the administration of the military
government of the districts of the
South.
The fourth section is retrospective
in its operation, and confirms the
removal of State officers which had
been previously made by the Com
manding Generals, and moreover
empowers them to continue removals
for dsloyalty or malfeasanco in Office.
This section more Immediately sus-
tains General Sheridan, rs he has
exercised this authority to q greater
extent than any other of the Gene
rails.
The fifth section enlarges the i ow-
ers of the boards of registration, for
emo person shall be registered unless
such board shall decide that he is
entitled thereto" Refusal to admit
registration, however, must be made
note of by the board, and such
notes reported to the Commanding
General. This section also provides
that the mere act of taking the pre-
scribed oath does not entitle the ap.
plicant to the privilege of registra-
tiop.
sx,fl IL