The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-06-19

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/ see no authority, nor any shadow
of authority, for interference with
any other courts or. any other iuris-
diction, than criminal courts in the
exercise of criminal jurisdiction. The
existing civil authority in all its other
departments-legislative, executive
and Sjudicial--is left untouched.
There is no provision, even under the
plea of necessity, to establish, by
military authority, courts or tribunals
for the trial of civil cases. or for the
protection of such, civil rights of per-
son or property as come within the
cognizance of civil courts ae contra
distinguished from criminal courts.
In point of fact, there was no founda-
ton for such O grant of power, for
the civil rights Act and the Freed
mems Bureau Act, neither of which
is superseded by this Act, made am
pie provision for the protection of
all merely civil rights, where the
laws or courts ofthese States might
fail to give full, impartial protection.
I find no authority anywhere in
this Act for the removal, by the mill
tary commander, Of the proper Off
oars of q State, either executive or
Judicial, or the appointment of per-
sons to their places. Nothing short
OF an express grant of power would
Justify the removal or the appoint
ment OF such an officer. There is no
such grant expressed or even i'm
piled. On the contrary, the Act
clearly enough forbids it. The regu-
lar State officials duly elected and
qualified are entitled to hold their
Offices. They, too, have rights which
the military commander is bound to
protect, not authorized to destroy.
, We find in the concluding clause
OF the sixth section of the Act that
these officials are recognized, and
express provision is made to perpe-
tuate them. It is enacted that ''in
all elections to any Office under such
provisional governments, all persons
shall be entitled to vote, and none
others, who are entitled to vote under
the provisions of the fifth section of
this Act; and no person shall be ELI
gible to any Office under such provi-
sional governments who would be
disqualified from holding Office under
the provisions of this Act"
This provision not only recognizes
all the officers of the provisional 60
vernments, but, in case of vacancies,
very clearly points out how they are
to be filed; and that happens to be
in the usual way, by the people, and
not by any other agency or any other
power, either State or Federal, civil
or military.
I'VE omit three or four paragraphs
at this point, which were published
in full in our telegraphic dispatches
yesterday morning
What has been said, indicates my
opinion as to any supposed power Of
the military commander to change or
modify the laws in force. The mill
tary commander is made conserva-
tor of the peace, not q legislator. His
duties are military duties, executive
duties, not legislative duties. He has
no authority to enact or declare a
new code of laws for the people with
in his district under any idea that he
can make better code than the peo-
pie have made for themselves. The
public policy is not committed to his
discretion. The Congress which
passed this Act undertook in certain
grave particulars to change these
laws, and these changes being made,
the Congress saw no further necessity
of change, but were content to leave
all the other laws in full force, but
subject to this emphatic declaration,
that as to these laws and such future
changes rs might be expedient, the
question of expediency and the power
to alter, amend or abolish, was re-
served for ''the paramount authority
of the United States at any time to
abolish, modify, control or supercede
the same" f" Where, then, does n
military commander find lis authori-
ty ''to abolish, modify, control OF
supercede" any one of these laws?
The enumeration of the cxtraordi-
nary powers exercised by the military
commanders in some of tho districts
would extend this opinion to an un-
reasonable length. a few instances
must suffice.
In one of those districts, the Co
vernon of State has been deposcd
under threat of military force, and
another person, called governor,
has been appointed by the military
commander to fill his place; thus pre-
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