Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-06-19
Attorney General Stanbery Oh the
Military Reconstruction Act.

The people of the country have just been
made acquainted with q somewhat extraor-
binary Interpretation Of the reconstruction
act of the last Congress. This Interpretation
becomes important coming as it does come
from the Attorney General, and furnishing
the basis, as it probably will, of President
.Iohnson's action Executive. Gen. Sheri-
dan has removed governors and judges and
other civil officers, and appointed others to
act in their places. Gen. Pope has removed
several officials. There removed officials
have asked to be restored to their old Offices
and functions, and Stanbery's opinion has
been invoked BY the President 10 author
ize the Executive to nullifv this action OF
Sheridan and Pope. Stanbery argues at
length that the military commanders have no
power to remove civil officers, and no power
To appoint any. The argument. i'll brief. is.
that as no such power is expressly conferred
by the act. it cannot be implied and he fur
Their assumes that the existing governments
have n right to exist until superseded by the
election contemplated by the law.
This opinion, to give it no harsher charac-
terization. i plain peryersion of the act.
The law commences thus
Whereas no legal STATE gocernmlent, or
adequate protection for life or property. now
errsfs in the rebel states of Virginia, North
Carolina, South Carolina, Georgia, Alabama
Louisiana, Florida, Texas and Arkansas
and
Whereas. il is necessary that peace and
good order should be enforced in said states
until legal and republican state governments
can be legally established therefore,
BE Al enacted. &c, That said rebel states
shall be divided into military districts, and
made subject 10 the military authority of the
United States. hereinafter prescribed, :
&c.
Section : IL IL follows
That it shall be tho duty Of each officer
assigned as aforesaid, 10 protect all persons
in their rights of person and property. to
suppress instruction, disorder and violence
and 10 punish, or cause to be punished, all
disturbers of the public peace and criminals.
and to this end he may allow local civil
tribunals to take jurisdiction of and try
offenders, or. when in his judgment 1t may
be necessary for the trial of often ders, he
shall have power TO organize Military Com
missions or Tribunals for that purpose. and
oil interference. under rotor of STATE authority
.rith the exercise IF military authority under
this act. shall be null and roid
To any ordinary apprehension, two thingF
are plainly stated in this act first. that the
pretended state governments, in all their
branches, in the rebel states, were Illegal an6
of course usurpations, and were brushed out
of existence by the very terms of the law :;
and, second that the military power tool
entire possession of the states until
governments were formed and recognized by
Congress Whatever functions the state
governments and civil authorities Of the
rebel states have since been permitted to ex-
ercise, have only been by suffcrance and
during the pleasure Of the commander o.
the district. This is not only the legal, but
the common sense construction of the law
and is obvious enough TO anybody not de-
sirous of finding an Interpretation by which
the law can be nullihed-
1t should be borne in mind that Mr.. Stan
berry makes no question Of the constitution
ality of the law, hut only assumes to construt
it's language and declare it, legal effect
When President johnson vetoed the bill, h,
declared it unconstitutional and monstrou,
because it swept the state governments Out
of existence, and put in their place an ire
sponsible military despotism ; but through!
the aid of his Attorney General he now in
sIsts that it has no such effect VIVA tever. but
only makes the military a police force to
conserve order The opinion, however, passes
over, entirely in silence, the declaration. a
fundamental proposition in the bill. that
80 no legal state g0rernmeEts notc erist = in the
rebel states When this law officer of Mr.
johnson can find time to discuss that declal :
alton of the bill, he will, trust, oblige
the public by giving an opinion as to what
the language means.
This opinion is like Mr.. Johnson's mes
sages, and like lawyers plea, merely al
for defeating the action of Congree
and the will of the people. 1t is an attempt
through what is called legal advice, to d
what the veto was unable to accomplish
What Mr.. Johnson will do under it remains
t. be seen; although it is hardly conceivable
that he would have called out such an opin-
ion unless he had intended TO use it to set the
Illegal state governments of the rebel
states again upon their legs. Some good
natured Republicans have given the President
credit for carrying out the reconstruction law
in good faith, but this demonstration will
we hope, satisfy even the most credulous thai
he has lost none of his hostility 10 every
measure looking toward putting the rebel
states in the control of loyal men.