The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-06-17

pediency and the power to alter, amend or abolish,
was reserved for "he paramount authority Of the
United States at any time TO abolish, modify con-
troll OF supersede the same" Where, then, does a
military commander find his authority 10 Wahoish,
modify, control, or supersede" any one Of these
The enumeration of the extraordinary novyers
exercised by the military commanders IN some of
the districts would extend this opinion to an n
reasonable length. few instances must suffice
In one of these districts the Governor of a State
has been deposed under a threat Of military force
and another person, called governor, has been
appointed by the military commander TO All his
place; thus presenting the strange spectacle of an
official entrusted with the chief pow wer to execute
the laws OF the State whose authority is not recog
nized by the laws he Is called upon TO execute.
In the same district the Judge of one of the GRIM
tnal courts OF the State has been summarily dealt
with. The act of Congress does give authority to
the military commander, in cases of necessity, to
transfer the jurisdiction Of a criminal court TO a
military tribunal That being the specIfic author.
ity over the criminal courts given by the act, no
other authority over them can be lawfully exer-
cised by the military commander. But in this in
stance the judge has by military order, been eject
ed from his office, and private citizen has been
appointed Judge in his place, by military authori-
ty and in the exercise OF criminal lurisdlc-
ton "oyer all crimes misdemeanors, and offences
committed within the territorial Jurisdiction of the
court. This military appontee IS certainly notau-
thorized to try any one for any offence as mem
authority to try and punish any offender as Judge
of criminal court OF the State.
Ithappens that this private citizen, thus placed
on the bench, is to sit as the sole judge in crmI-
nal court whose jurisdiction extends to cases i'm
volying the life of the accused. If be has any ju
take cogniZance of capital cases. and sentence the
accused to death, and order his execution.
strange spectacle where the Judge and the crimi-
nal may very well 'change places'' for fthe GRIM
lnal has unlawfully taken life, SO, too, does the
Judge. This is the inevitable result, for the only
tribunal, the only judges If they can be called
judges, which military commander can consti-
tute and appoint under this act, to nict the death
penalty, is military court composed of board,
and called in the act a "military commission"
see no relief for the condemned against the
sentence Of this agent Of the military commander.
1t is not the sort of court whose sentence of death
must pc first approved by the commander and
finally by the President; for that is allowed only
where the sentence is pronounced by a "military
commission" Nor is 1t a sentence pronounced by
the rghtfuI court of the State, but by a court, and
by judge not clothed with authority under the
laws of the State, but constituted by the military
authority. As the representative of this military
authority, this act forbids interference "under
color OF State authority" with the exercise Of his
functions.
In another one of these districts military order
commands the Governor OF the State to forbid the
reassemblng of the Legislature, and thus suspends
the proper legislative power Of the State In the
same district an order has been issued to "releve
the treasurer of the State from the duties, bonds
books, papers, &c, appertaning to his Office" anS
to put an "assistant quartermaster of the United
States Volunteers in place of the removed treasu-
reri the duties Of which quartermaster- treasurer
ere .Sus summed up: He is to make to the head
turns required from the treasurer, and monthly
statement of receipts and expenditures; he will pay
all warrants for salaries which may be, or become
due, and legitimate expenditures for the support of
the pententiary State, and the support of the pro-
Vsionrl State government; but no scrip or war
rants for outstanding debts of other kind than those
specified will be paid without special authority
from these headquarters He will denost funds in
the same manner as though they were those of the
United States"
In another of these districts a 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 a CODE These military orders
modify the existing law in the remedies for the coll
lection of debts the enforcement of judgments and
DEGREES tor the payment OF money, staying pro-
ceedings Instituted, prohibiting, in certain cases.
the right TO bring suit, enjoining proceedings on
execution for the term of twelve months, giving
new liens in certain cases, establishing homestead
exemptions, declaring what shall be legal TENDER
abolishing in certain cases the remedy by foreign
attachment, abolishing bail ,as heretofore autho-
known as actions delicto," and changing, in
eral particulars the existing laws the punish
ment of crimes, and directing that the crimes re-
ferred to "shall be punished by Imprisonment at
hard labor for a term not exceeding ten years nor
less than two years, in the discretion of the court
having jurisdiction thereof" One of these general
orders, being number ten of the series contains
less than seventeen sections bodying the various
changes and notifications which have been re-
cited.
The question at once arises in the mind of every
lawyer, what power or discretion belongs to the
court having jurisdiction of any of these offences,
to sentence criminal to any other or different
vests him with Jurisdiction. The concluding para
graph Of this order, No. 10, is in these words:
"Any law or ordinance heretofore in force in
North Carolina or South Carolina, inconsistent
with the provisions of this general order, are
o.
announcing, not only power to suspend the laws,
but to declare them generally inoperative and as.
suming tull powers of legislation by the military
authority.
The ground upon which these extraordinary
powers are based is thus set forth in military or.
der No. l, issued in this district "The civil gov
Vernment in North Carolina and South Carolina,
is provisional only and in all respects subject to
the paramount authority of the United States at
any time to abolish, modify, control or supeTsede
the same" Thus far the provisions Of the act of
Congress we'll recIted, What follows is in
these words. "Local laws and municipal regula-
tions not inconsistent with the Constitution and
laws OF the United States, or the proclamations of
the President, or with such regulations as are or
may 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 will be respected and obeyed by the
Inhabitants"
This construction of his powers under the act of
Congress places the military commander on the
same footing the Congress of the United States.
IL assumes that the "paramount authority of the
United States at any time to abolish, modify, con-
troll or supersede," is vested in him fully 1t
is reserved to Congress. He deems himself
representative of that paramount authority. He
puts himself upon an equality with the law max
ing power OF the Union, the only paramount au-
enactment OF laws is concerned. He places him.
self on higher ground that the President, who is
simply an executive officer. He assumes, directly
or indirectly, all the authority of the State egis
lative, executive and judicial, and in effect de-
clares 81 am the State"
regret that find it necessary to speak so plainly
of this assumption of authority. / repeat what
have heretofore said, that do not doubt that all
these orders have been issued under an honest be-
lief that they were necessary or expedient, and
fully warranted by the act of Congress. There
may be evils and mschefs in the laws which these
people have made for themselves through their
own legislative bodies, which require change; but
none Of these can be so intolerabe the evils and
mischefs which must ensue from the sort of remedy
applied. One can plainly see what will be the in-