The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1869-06-17
The Opinion sf. Assornry- GelneraI
MMOars
' IMPORTANT LESSON FOR THE UNRE-
CONSTRUCTED STATES.

As an Interpretation of the acts of Con-
gress applicable to the unreeoDstructed
States, and declaration of the policy of
the government, the official opinion of
Acknowledgement Hoar is paper of no
little public importance.
BY this opinion itappears that Weaver
was arraigned by military commission
in Texas, and was sentenced to be execu-
ted. BY the reconstruction acts the SEN
tence was submitted to the President for
his approval, and by him referred to the
Acknowledgement with the objections fled
by Weaver, that military commission
had no jurisdiction over citizen of Texas
not in the military or naval service of the
United States, and who besides had al
ready been indicted in the State Courts
thereof
The answer of the Attorney General is
that by the act of March I'd, 1867, these
States are held entirely subject to the mil
itary authority of the United States
that the officers assigned to their com
mand shall have power to organize mill
tary commissions to try offenders, and
that "all interference under color of State
authority with the exercise of military au-
thority under the act shall be null and
void"
The Attorney General cites the provi-
sion OF the act declaring that it shall con-
tinue to be operative in the unreconstruc-
ted States until each shall have adopted a
constitution conforming to the require
ments expressed in the acts, and declared
by Congress entitled to representation in
that body Assuming that Texas has not
adopted such constitution, and has not
been declared entitled to representation,
it is held that the act is operative author
izing the trial by military commission at
the discretion of the District Commander.
The Attorney General holds that the
authority under the constitution to declare
war and suppress instruction, and to
make laws necessary for executing the
powers of the government, makes it COM
petent for Congress to determine when
the States, whose civil governments have
been superseded, shall be released from
military control.
The objections to the jurisdiction of the
commission are therefore not sustained;
and ON review of the facts on which the
sentence was pronounced, the Attorney
General comes to the conclusion that he
can find no reason in law for the Presi-
dents withholding his approval of the
course taken by the military commander
and of the sentence pronounced by the
The opinion is significant as defnitive
of the policy of the Administration in
regard to the jurisdiction of military
courts in the States of Virginia, Missis-
sippi and Texas. 1t will create no sur
prise in any quarter. In his veto mes
sage Mr.. johnson fully demonstrated the
enormity of the measure. He held that
it not only authorized the trial of citizens
by military commission, but authorized
the commander, at his discretion, to pro-
nounce sentence even without the form of
trial by such commission.
The Administration declares its pur-
pose to enforce the law as Congress made
it, thus carrying out the rule laid down by
the new President in his inaugural, viz:
of demonstrating the evil of bad laws by
rigidly executing them.
The lesson to be drawn from this opin-
ion is that the people of the unreconstruc-
ted States, can no more hope to restore
civil rule and enjoy the guarantees of
freedom, without accepting the situation
and reconstructing their governments in
accordance with the plan of Congress,
than they can change the laws of nature.
We thought so two years ago, and advis-
ed that course. Other counsels prevail
ed, and the terms of restoration have be- |
come the more harsh as the time of their
has been postponed. The peo-
pie of eight of the Confederate States re-
fused to participate in the work of recon-
and abandoned it to their enc
mics. And the consequence is that they |
have passed from military rule under
worse governments; but this would not |
have been the case if, instead of relying |
upon Mr.. Johnson's promises of relief,
which never came, they had taken the
business of reconstruction in their own |
hands.
Another case of Radical PrOscriP- |