The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-06
FRIDAY MORNING. SEPTEMBER G, 1867.
IoosoLuDEp FROM FIRST PAGE. !

prescribed by tho DSrieI Commander by virtue Of tGo
And this brings tho discussion to tho inquiry wh,ther.
nf nl tho judicial authority OF tho United Sntes Cir
cult Courts can properly nuiy orders Of The
District Commanders 1t seems Ycry clear that the IN.
tout and meaning of tho Acts Of Congress- known % tho
ReconalrucoD Acts was to place tesc stne. exclusive.
ly under military rule, and to constitute this rule for
the rt Act Of March ID 1867. mako these sates t:cc
sussSt to tSo military az oqSTsy y i 1T ,nsns hS unsa
tho Commander that he Is not TO bo oound in bis acon
BY any opinion Of any civil ofcsr o. tho ~ United stnics
general tenor OF the cnsc.nents plainly Indicate tho
NJ or ho 81
l for in tho nature Of things snrrenncy OF military au.
anna na to s,rs an nS. s
has added tho express lnunctionto disregard thL opn.
ION not only Of any state oeor bu, OF any civil oesr
II is not for the Major oucral Commanding this Dis
tict to pause 10 Inquire Into tho eIpedensy or eonsu
grcss especially laws which havo brought order out Of
isaG' IN tho apa Which syS IS
nation and security 10 liberty Tho provision Ia broad
and : M@ ndl sy ossf Marshal, Judge
instruct the District Commander. nu Is to net nccor
ing to Ills own discretion subject ony to military orders
II must readily appcar to any person acquainted with
ars that numteress perils attend tho concession OF
paramount authority to tho United States Courts etng
in theac Military Districts II ths bn granted ct one
single illustration OF lis fatal effects bc cited does not
the confinement OF every prisoner arrested by military
authority become subject to be terminated By the decs
ion OF United \. ates Judge on habeai corpui7
Pleuary powers to enforce by tho customary penalty
OF imprisonment The maintenance of order Is conferred
by Congroxs. But suppose tho Commanding Goneriis
are compelled to obey the WRIT how many of the Dis
trcta Will thoso powers be Of my avsI7 In how many
Acs2 ls It not perfectly plain that II hoso District
Judges bo allowed to call tho army into court tho Acts
becoie nugnory7 H... itt.
II 10 this suggestion be answered that In the District
Court south csTSns @ judge Bryan hasrecOgnizSd tho
whilo his ruling supports the beiof that tho Chief JUS
Hco ought to- aud would do Hkewise Il furnishes
suranco what would bo decided by him or any other
Judge tho conButiDus1ity of tho Reconstruction
Acts called In question.
To reeapulate. tho examination OF this matter in this
Office leads to the concusons- ~
That revocation OF General Order No. 10 would DO
greyouBly prsjudiclA to the interests of tho people of
tha Carolnns.
L. That does not appear that any conflict be.
tween tho United St2es Circuit Court for North Carolina
and tho Military Commander OF ta District but more
tho 1attcr
LII That II is reasonable to believe that Mr. Chief Jus.
tce Chase, with the question before him. will conform
proceedings final process TO tho local law modified
by the Commanding General
". That Congress intended to make tho Military in
these Districts paramount TO all other Departments OF
the Government
ty 70 oycrrulo the Military Commander will DO apt to
load 10 substantial nuihcation OF tho Reconstruction
Aotl
All Of which In respectfully submitted with expression
oEreSrt tha tho eHei period OF few hours allowed for
the preparation OF hia report procludca that complete
presentation of the subject which Its great importance
demnnds
I have tho honor TO be- very respectfully.
T. W. DENNIS,
#sst BrSt Col Judge Advocate u 8. A..
y's Judge Advocate Second Military District.