The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-06-20
...oruey Generals Opinion Re-
e .;,s Military Commanders.
JUNG II, "

WASHINGTON, June IL, M.
;,;op of the Attorney General in
The ~. ~ the powers of the Military Com
Fesaru O.. ~ i too elaborate for telegraph, and
tnar "s.asonng too close for SYNOPSIS. Inc
the re mr rsT5atine extracts cover the con-
cIusions:, oss;b,e under the provisions
..1lis act to comprehend such an omc!al as
OF t"ie NOR of one of these States, appointed
a G"velThn r one of these Military C,,mman-
TO oi'"o oortt,;nly he is not the Governor re-
ders' - Inv the laws of the State, elected
coshhin'Ita ws of the State, and clothed as such
D! ,n the Chief Executive power, nor is he
Win ;nted rs a Military Governor for a State
app - hoe no lawful Governor, under the
"niom of an existing necessity to exercise
press" ar large. The intention no doubt
pow. onnoint him to fill a vacancy occa-
was n NV \ Military error, and to put him
sonI" ,,isce of the removed Governor to exc
IN '"t tbc functions of the office as provided
.! NAV r%" law takes no cognizance of such an
s:n;o, and he is clothed with no color of
authority. 70 +ha couerrori. oor.uv
"n u.s. TO all the other Executive, Legisla-
,iu0 ,nd Judicial officers OF the State.
tit re t the Military Commanders can GUST one
IL VIZ III, office. he can GUST them all, if he
li'Iu slI one vacancy, he can fill all vacancies,
eau Inns usurp all civil jurisdiction into his
anu hands or the hands of those who hold
owl owl. Commitments from him, and subject to
,,oIrer of removal, and thus Illustrate the
NE r riobt secured to the people by this act.
Gortainlv this act is rigorous enough in
.,a nower which it gives. With all its
LUZ the right of electing their own
ot,;cers is still left with the people, and it
',,,,st be preserved. / must not be under
atood as liking limits to the power of the
StiJitarv Commanders in case of an actual
resurrection or riot. 1t may happen that an
;nsurrection in one of these States may be
90 General and formidable as to require the
temporary suspension of all civil government
and the establishment of martial law in its
Mace And the same thing may be true as
70 local disorder or riot in reference to the
civil government of the city or place where
If breaks out. Whatever power is necessary
TO meet such emergencies, the Military Com
wander NAV properly exercise. 1 confine
myself to the proper authority of the Mill
torv Commander where peace and order pre-
vail When peace and order do prevail, it
is not allowable to displace the civil officers
and appoint others in their places, under
any idea that the Military Commander can
better perform his duties and carry out the
General purposes of the act by the agency of
civil officers of his own choice, rather than
bv the lawful incumbents. The act gives
him no right to resort to such agency, but
does rive him the right to have sufficient
military force to enable him to perform his
duties and enforce his authority within the
district to which he is assigned.
In the suppression of instruction and
riot the Military Commander is wholly in
dependent of the civil authority. So, too,
in the trial and punishment of criminals and
offenders, he may supersede the civil juris-
diction. His power is to be exercised in
these special emergencies, and the means are
put into his hands by which it is to be ex-
ercised. That is to say, sufficient Military
force to enable such officer to perform his
duties and enforce his authority, and Militia
~ tribunals of his own appointment to try
and punish offenders. These are strictly
military powers to be executed by military
authority, and not by the civil authority, OF
civil officers appointed by him to perform
ordinary civil duties.
If these emergencies do not happen; il
civil order is preserved and criminals are
duly prosecuted by the regular criminal
Courts. the military power, though present
must remain passive. Its proper function is
to preserve the peace, to act promptly when
the peace is broken, and restore order
When that is done and 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
And in arriving at this construction of the
act 1 have not found it necessary to resor
to the strict construction which is allowable