The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-06-20

carng what shall be legal TENDER abolshng in certain
cases the remedy by foreign attachment aboshng bail
sss heretofore authorized" In cordcu but not
In "other cases, known actions &c deco and chang
ing in several particulars the existing laws as to the
punishment Of crimes and directing that the crimes re-
ferred to shal bs punished by Imprisonment to hard
labor for term not exceeding ten years, nor less than
two years. in the discretion of the court having urlsdc
ton thereof" One OF these general orders being mum,
sections embodying the various changes and modhca-
lions which have been rected
The question at once arises in the mind of every law
yer what power discretion belongs to the having
jurisdiction Of any of these cences to sentence crmi
nal to any other different punishment than that pro-
vded by the law which vests him with Jurisdiction The
concluding paragraph of this order No. TO- is in these
Words "Any law ordinance heretofore in force in
North Carolina on South Carolina, inconsistent with the
and declared imperative" Thus announcing, not only
power to suspend the laws but to declare them gene
rally imperative and assuming full powers OF legislation
The ground upon which these extraordinary pow.
ers are based Ii 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 the paramount authority of the United States
at any time abolish, modify. control supersede the
same Thus the provisions of the Act OF Congress
are well reoed What follows is in these words ocal
laws md municipal regulations not inconsistent with the
Constitution and laws OF the United States or the pro-
camations of the President with such regulations
are or be prescribed in the orders OF the command
ing general hereby declared to be in force, and in
conformity Herewith civil officers are hereby authorized
to continue the exercise OF their proper functions and
win be respected and obeyed by the Inhabitants"
his construction of his powers under the Act of Con-
rress places the military commander the footing
as the Congress of the Uniled States 1t that
the paramount authority of the United States at any
time to abolish modify, control supersede, is vested
in him as fully it is reserved to Congress- He deems
himself representative Of that paramount authority
He puts himself upon equality with I4e aw-makina
power of the Union the only paramount authority in
Government SO far at least the enactment OF laws is
concerned. He places himself on higher ground than
the President who is simply cutve officer. He
assumes directly indirectly, all the authority of the
tate legislative executive and judicial and in effect de-
Glars ~ am ths Stlte,"
regret that find it necessary to speak so plainly o
this assumption Of authority repeat what have here
tofore sad that do not doubt that all the orders haye
been issued under honest belief that they were
necessary expedient and fully warranted by the Act
of Congress- There may be evils aud mischefs in the
laws which theso people have made for themselves
through their own Legislative bodies, which require
change; but of these be nolerable as the
evils and mischefs which must from the sort Of
remedy applied One plainly what will be the
inevitable confusion and disorder which such distrban
ces of the whole civil policy of the State must produce
II these military edicis allowed to remain even du
ring the brief tue in which this provisional mil tary
government may be in power, the seeds will be sown
for such future harvest of litigation as has never been
inflicted upon any other people.
There is, in my opinion executive duty TO be per-
formed here which cannot safely be avoided or delayed
For notwithstanding the paramount authority assumed