The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-02-20
COLUMBIA
Wednesday Morning, Feb. 20, 1867.
a New Government.

and Independent Government, is
about to be transformed into mill
tary despotism. In alluding to the
military rule bill of Stevens, the
Philadelphia Age justly remarks that
the sword and bayonet CLEAN in each
paragraph Of the bill, and the whis-
tie Of the shell can be heard in every
line and sentence. The constitution
and laws Of the States are to be ig-
nored and all legislative or judicial
proceedings seeking to control said
military commissions are to be null
and void.
We agree with our cotemporary,
that the bill is Objectionable in all
particulars. If there is one prinoi-
pie well settled with reference to our
theory Of government, it is that in
time of peace the military power
should, at all times, be subservient to
the civil authorities. The debates i'll
the Convention which formed the
Constitution of the United States,
and also in the conventions which
framed the constitutions for the seve-
raj States, show how sensitive the
people were upon this matter Of mill
tary interference with their rights
and liberties
A Western paper, the indianapolis
Journal, says, in commenting on
Stevens bill, that the ''Declaration of
Rights of that State sets forth that
the military shall in all cases and at
all times be in strict subordination to
the civil power. This course was
pursued in all the States. The men
of that day had felt the iron hand of
military rule, and knew that the ten
dency of military power was to over
shadow civil rule and make slaves of
the people; and hence, in the most
positive and emphatic terms, they
declared, as one of the fundamental
principles Of this Republican form of
Government, that the military should
always be subordinate to the civil au-
thority.
Our country is in state of pro-
found peace at the present time, and
yet it is proposed to destroy, by Con-
gressional action. ten States of the
Union, and place the military above
the civil power in all the Southern
States. Under this bill, the power of
the army will be as supreme over all
the territory indicated as is that of
Russia in what was once Poland, and
far more so than that of the imperial
forces of Austria in Hungary at the
present moment.
But even this ''military rule" bill
is scarcely thought sufficient. Topro-
vide against the possible refusal of
the President, us commander-in-
chief, 10 execute the provisions Of
the bill, and to cripple his powers
generally, the military appropriation
bill has been reported by Stevens,
with the following extraordinary sec
ton:
Bell ufm1he, enacted, That the head
quarters of the General of the army
of the United States shall be at the
city Of Washington, and all orders
and instructions relating to military
operations issued by the President or
Secretary of War, shall be issued
through the General Of the army,
and in case of his inability, by the
next in rank. The General of the
army shall not be removed, suspend
ed OF relieved from command, or as
signed to dnty elsewhere, than at said
headquarters, without the previous
approval of the Senate, and any or
ders or instructions relating to mill
tary operations, issued contrary to
the requirements of this section,
shall be null and void, and any officer
who shall issue orders or instructions
contrary to the provisions of this sec
ton, shall be deemed guilty of mis-
demeanor in office, and any officer of
the army who shall transmit, convey
or obey any orders or instructions so
issued, contrary to the provisions of
this section, knowing that such or
ders were SO issued, shall be liable to
imprisonment for not less than two