The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-02-25
NEUTRALITY-SUSPICIOUS. THE
SOUTH.

In our Saturdays issue we published tne nui
text Of the Military Reconstruction Bill, WHICH
nassed the United States Senate on the evening OF
the afth. We now propose to examine into lts pro-
visions little further. It opens with preampie'
ssWhereas no legal State governments OF aeeq1a'o
protection for life or property now eS1sts IN -ne
Rebel States of Virginia" etc.,-Sand whereas ~
ia necessary that peace and good order shou'oi 10
an forced in the said States until loyal anu hepup
loan State Governments can be legally estapnsh'
ed ALL mere assertion without word OF "e'i-sup-
stantiated proof yet deemed sufficient reason ioi
most unwarrantable interference with coils.i'u-
tional liberty. But it is evident the main outiie'
of this reconstruction policy hao oeeh po-oo
termined, and that the reasons for the same "eio,
afterwards pre6xed, to preserve SHOW Oh conS0-
tency. .,,;,
IF Congress really mean what they say IN 'nis
preamble, they declare the ten soutnerh o'A'os 49,
anarchy; there is no law, and every one VINO Sios
fit go to do, may commit any crime wltn
It is idle for us to contradict these assa.np-
tons. They are not facts, nor even Daseo Oh ias'.
This our readers know; and this also Know tle
| nsrrbers Of Congress who enacted the SHERMAN
IWr1soN-sHE11ABARaER Bill. The people OF the
North. many of them at least, doubtless peheVe
the assertion confined in the aforesaid preamole'
but as nothing that we can say will reacn tnem'
we forbear dwelling further on this part OF the Dill
The South then is divided into five lnlhtary os-
tr;cts OF which North and South Carolina shan
constitute the second and the President assigns
an officer of the army to each Of these distacts so
that o,,r allowance in that part of the new military
district lately hownas the State OF South Carohr"'
Will be Just half brigadier. Said brlgad1er can'
il he sees fit, leave intact the existing STATE
ment. lin 40 TAR at least as the administration Oh
Justice is concerned), or he may organize N Mihtary
/ Commissions for the trial Of offenders. i1a' :
t. eiyes him unlimited power, both judicial and
exaentiye the only restriction being that the ap-
proval of the President is necessary, before any
sentence Of death can be carried into effect under
this Act He can if he sees At. set aside the entire
machinery of local government, and Hleh nus 70
agents take their place. The Provost MaIshail
nav sit in the Court of Sessions and Common
Pleas. The .Genral, or one of his assistants, run
the Chsucery Courts. The Assistant Provost Mar
shalls will, perhaps, furnish our local columns
| With the items hitherto supplied by the Mayors
Court = - -. :
| It is o curious feature, certainly, in mne-
teenth century civilization, to see the whole machi-
nery of q constitutional" government, executive
judicial, and Legislative, in the hands OF Legally
constituted military despot to all intents and pur-
poses absolute within the limits Of his department.
I. The privilege Of habeas corpus is not suspend
ed,-as was the case in STEVENS original OF thus
Bili.-but there will be such difficulties connected
with the issuing of wrts, etc., that We fear it WILL
not be often resorted to; especially as the 30 Sec
| tion Of the Bill contains q clause declaring null
and void call interference under color OF State au-
thority, with the exercise Of military authority
under this Act. ,r,, -. I.
But the civil side of the Court is even worss, it
possible. There there is not even military COM
left purely and absolutely in the commandments
discretion. He is not bound to report his deci-
sions to any :one, hut may Sit as SAINT LOUIS Of
France, US d TO, under tree by the road-side
and administer primitive justice to whoever comes
with. or without srnoney or price," The whole
property OF State .(says the Cincinnati CONNER
ci, in sensible article on this measure), will be
at his discretion, and If he becomes rich, he may
say, as WARREN HASTINGS did Of his wealth
amassed in India, that he is amazed that he did
not become richer, since all the treasures of the
country were at his feet. 1t is useless to soy that
is not anticipated that local tribunals will be on
tirely set aside when the military Office is fully
and in explicit terms authorizedtc set them all
aside, aud their authority, even if they are per-
mitted to exist, is fatally attacked when they are
declared to be parts of a spretended" Govern
ment. -
But section 5th shows a way of escape. This
Act is only provisional-the exercise of military
authority only temporary. Certain conditions hay-
ing been complied with, the Brigadier makes his
bow, and we can go to Congress. The following are
the conditions:
/. hepeople Of the said rebel States may form
q constitutional go7ernment.
2. Such governments must be framed by q con-
vention. ss: S.ar.'1s.
j, s.. The delegates to this Convention are to be.
elected by male citizens Of said State twenty-one,
years old and upward, of whatever race, color or
previous condition, excepting only certain class
Of ssrebels," !" and likewise convicted criminals.
t 4. The constitution, framed by the convention,
appointed as aforesaid, is to confer suffrage on all
except the parties excluded Us above.
S. This constitution is to be ratified by major
ity Of the people,-all races, colors, conditions,
ETC., except 'rebels' of certain degree, and Grim
inals
6. The Constitution is next to be submitted to
Congress for examination and approval.
But the State is not yet npe for admission to the
Union. More still will be required from the pro-
baGnners.
7. When Congress shall have approved the Con-
,stituion thus made and ratified, and when said
State by vote of it's Legislature, elected under
such Constitution, shall have adopted the ssCon-
stituGoal Amendment" and when said Amend
ment shall have become part of the Constitution
of the United States, said State shall be declared
entitled to representation in Congress ; and
8. Senator'S and Representatives shall be admit
ted therefrom on their taking the oath known Us
the Iron Clad.
9. Then and thereafter the preceding Sections
OF This Act shall be imperative in said State.
TO-. Now comes Wilson'S amendment, provided
thatno person excluded from the privilege of hold
ing Office by the Howard amendment shall be eli
gible to election as a member of the Convention to
frame constitution for any of these States nor
shall any such person vote for said convention.
II. shellabarger's amendment (sectior6th Of the
B goes on to say that until the said Rebel States
shall be by law admitted representation in Con-
gress, any civil government which may exist there
in shall be deemed provisional only, subject to the
paramount authority of the United States at any
time to abolish, modify, control or supersede the
same.
H. "In all elections to any Office under such
provisional governments, all persons shall be en-
titled to vote, and none other, as above set forth
i. e., all negroes over tw entyon years Of age may
vote, but only such whites as are not disqualified
from holding Office by the Sd section Of the Con-
stitutional Amendment
In case this Bill becomes u law, our future
is indeed lamentablo; for it seems by sec