Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1867-06-28
NO. IA.
stanbery versus johnson.


The opinions of the Acting President
and his man Friday, the Attorney Cen
/ eral, IN reference to the reconstruction
I law are grossly contradictory and in
consistent. Each in his blind and in
| famous zeal to nUlIify the act has put
/ himself On record in reference to
I lt im a manner which contraVenes and
Overburns the argument Of the other
First johnson in his message vetOing
the measure says:
1.-THE bill places QHtBe people ofthe ten States
therein named under the absolute d0n3ilQtf0n Of
military rulers, and the preamble undertakes
to give the reason upon which ft is justified
n declares fbdt there eTistg h those g0feS no
legal governments and no adequate protection
for life or property ana asserts he necessity Of
Iiiaits'
Then comes stanbery with his vo-
luminous opinion to the following
effect
'TIlis then is what is granted to the miIi-
tary commander: the power to protect all
persons in their right of person and proper
", to suppress insurrection, disorder and vi
olence, and 70 punish, or cause to be punish
ed all disturbers of the public peace and
criminals, and he may do this by the agency
of the Criminal Courts of the State, or, if
aaIs, 15ls comprises all the powers given to
the military commander"
Again Johnson says Of the bill:
sThe excuse given for the bill in the pre-
real. The military rule which IL establishes
Is plainly 70 be used not for any purpose of
order or for the prevention Of crime, but sole
~ as g means OF eoereing the people ia the
adoption of principles and measures to which
IL is known they are opposed, and upon which
they have an undeniable right to exercise
their own Judgment
But, Mr.. Stanbery declares;
at is a power to protect all persons in their
rights Of person and property 1t is not
power to create new rights, but only to pro
crfU Ntafn
hy the laws under Whi ch these people live
It Is power to preserve not to abrogate; to
civil rule, and not q pOtUe 20 INTRODUCES military
rule i1 It's place In effect, it is a police pow
er"
Again says BoAnson in his veto:
,eTyhe power thus given to the commanding
o1ilcer over all the people Of each district is
that QfGn G5soIltts nIOHGTc1lfis mere 9OiH Is %
haze TIE place Of all LGiC. The law of the States
placed under his control, and that is COM
p4etely displaced by the clause which declares
al Interference Of the State authority to be
Bull and void. EIe alone Is permitted to deter
sfti11e gUbOt are The rights Of persons and proper
IT, and ne JQg protect them fn such agc1lf as "a
free disposal al the land and goods in his
district. and he NAV dfstribufe thern. with
out let or hindrance to whom he pleases."
But Stanbery comes in with his "Opin-
lonn and unwittingly takes issue with
A. J.:
"The clear meaning of this act is that it
civil admin1stratiOn) is not to be interfered
with by the military authority, unless when
q necessity for such Interference may happen
to arise. see no authority, nor any shadow
Of authority, for interference with any other
courts, or any other Jurisdiction, than crimi-
1nal courts in the exercise of criminal ilErls-
diction The existing civil authority IA an
its other departments, Legislative, executive
and judicial. is left untouched. I find no aTI-
thOrlty any here in this act for the removal
by the military commander of the proper Of
dcers of state, either executive or judicial
or the appointment Of persons to their pla-
ees"
Again johnson says Of the bill by way
of veto:
- It reduces the whole population of the ten
States--au persons Of every color, sex and
condition, and every stranger within their
linlits-tO the most abject and degrading
slavery. No master ever had a control so alb
SOlute over his slaves as this bill gives to the
military officers over both white and colored
persons. It wipes away every vestige Of re-
publican government in ten States, and puts
the life, liberty and honor Of all the people
in each Of them under the domination Of
thOrity."
But Stanbery in attempting to nuIlify
the bill says Of it;
"Its proper function is to preserve the peace:
to act promptly when the peace is broken,
the civil authority may again safely resume
its functions, the military power becomes
again passive, but on guard and Watchful.-
This, in my Judgment, is the whole scope of
the military power conferred by this act"
Once more says johnson by way Of
vetos
u take tito be clear under the bill, that the
military commander may condemn to death
without even the form Of a trial by a militia
ry commission; so that the life Of the con-
uesiIEElsti may depend on the will of two men
instead of one. It is plain that the authority
here given to the military officer amounts
to absolute despOtisnn. But to make il still
more uncomfortable, the bin provides that ft
may be delegated to as many subOrdinates
IS he chooses to appoint :Gor II declares that
he shall punish or cause to be punished"
Such a power has not been welded by any
monarch IN England for more than 500
years"
And once more, stanbery by way of
topiniOn -
"Eimfting myself here simply to the con-
struction of this act of Congress, and to the
question in what way IT should be executed,
] have no hesitation in saying that nothing
short of an absolute or controlling necessity
would give any color Of authority for ar
a citizen before a military commits
sion. repeat 1t that nothing short Of an
absolute necessity can give any color of au-
ChOrlBy 70 a military commander to call in
TO exercise such power. 1t is power, the
exercise of which may involve him, and
every one concerned, in the grilvest respon-
sibilities."
The obvious reflection suggested by
the above is that cOnfederatedr rOgues who
havea common purpose ought to be con-
sistent with each other at least.