Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-06-18

reserved 10 ll8elI tue power 70 habcf,
amend or abolish such laws as it had not
inrerfered with. Where, then, does
military commander find his authority
to abolish, modify, control or supersede
any one Of these laws The attorney
general proceeds to specify some Of the
acts OF military commanders, in which
| in his opinion they have exceeded their
authority under the law. In one dis
trict the Judge OF one Of the criminal
courts has been summarily dealt with.
An act OF congress gives authority in
cases Of necessity TO military COM
manders to transfer the jurisdiction Of a
criminal court to q military tribunal
No other authority can lawfully be ex-
ercised over them. No appointee of
military commander in place Of judge
superseded can lawfully exercise au-
thority, either as q civil magistrate or
member Of a military tribunal. The
commanding general Of North andSouth
Carolina coustrues the act Of congress as
placing him upon the same footing as re-
CARDS power and authority as congress
itself. He assumes that the paramount
authority Of the United States, IL any, TO
abolish, modify, control or supersede, is
vested in him, or is fully reserved to
congress. He assumes, directly or indi-
rectly, the authority Of the state, legisla-
tive, executive and judicial, and in effect
declares am the state. In the attorney
generals opinion there are executive du-
ties 20 be performed which cannot safely
be avoided or DELAYED. These command
ers, notwithstanding their assumptions,
are not in any sense clothed with para
mount authority. They treat as subor-
dinate, executive officers, and hold them
responsible for the proper execution Of
their duties, and upon them rests the
final responsibility, and the duty remains
with him TO see that they execute their
duties faithfully and according to law.
In support OF this opinion, he cites the
opinion Of the supreme court, delivered
bv the chief Justice in dismissing the
motion Of the state OF Mississippi for
leave to file a bill against the, ,P-fsident.
! He then proceeds to reply to cefJoan ques-
| tious propounded from one of the military
districts, touching the power Of military
| commanders to constitute military tribu-
/ nails for the trial Of offenders. Whilst
| the act does not, in terms, displace the
regular criminal courts Of the states, it
does give power to the military eommau-
der when, in his Judgment, q
/ necessity arises, to take the admin
/ istration Of the criminal courts into
I his own hands, and to try and
punish offenders by means of a military
/ commission. He expresses grave doubts
/ a. to the constitutiOnality of this pro-
/ vision of the law, in time Of peace. He
cites. in support Of his position, the opin-
/ ion OF a majority OF the supreaAe court,
delivered by Chief Justice Chase. He
says that nothing short Of an absolute
necessity can give any color Of authority
to a military commander to call into eX-
ercise such a power. It is a power, the
exercise Of which may involve him and
every one concerned in the gravest re-
| sponsibiiity. The OCCASION for its exer-
else should be reported at once to the
lexecntive for such Instructions as may
be deemed necessary and proper. The
attorney general is clearly Of the opin-
ion that military commissions can
take eOgniEance of no offense that
has not happened after the law
took effect, and that they have the juris-
dietion to try and punish for acts not
made crimes or Offenses by federal or
state law. There is no legislative power
given under this military bill to estab-
lish a new criminal code as to crimes
and offenses against the laws Of ths
United States. Ths military authority
can take no cognizance Of them nor II
any way interfere with the regular ad-
ministratOn of justice by the appropriate
courts. The attorney general supple
ments this opinion with svHOpsis1rom
his torAer opinion giving the Glasses dis.
franehised under the military bill.
/ NEW fORK, June II. -Ex-Gov
Brown, of Georgia, recently mao
speech, wherein he said If thegstatt
should refuse TO vote to hold a cOnven'
al aNafc al
those who voted against it.
City Of Mexico correspondence, undel
date of May 25th, gives a doleful account
of the situation in the capital. FAMINE
was threatening the poor lnside OF the
walls; and it was only due to iudiciouI
measures, by the chief municipality
that panic had not swept through tbs
popuises, who were ripe for disorder anC
riot, The imposition and collection o
taxes continued unremittingly beint
carried on in a most tyrannieal and eX
acting manner.
WIIMINGTON, n. c., June III il
reported that Judge Barnes, noY holIip,
J a special court, adjourned the court De
cause negroes were summoned as jurors
he having taken oath to support tn
state laws which do not recognize ne
groes to be on juries.
; WASHINGTON, June lin the cas-
Of Surratt the court reassembled. At tel
O'clock on Saturday night twelve Juror
we're sVorH, and bg Golseat az the eaun
sci on both sides the court decided tina
the Jury would be allowed to separate
and Judge Wylie adjourned the court til
| ten o'clock Monday.
Thad. Stevens, in q letter to the Wash
! iugtOn ChrORicle, suggests the prophet
Of having quorum in congress by tn
Arst OF 4ulE.