New-York tribune., 1869-06-07
JURISDICTION OF MILITARY COMMISSIONS
DECISION OF ATTORNEY-GEEERAL HOAR.
WASHINGTON, D. C., June 5.-The following


ATTORNEY GENERALS OFFICE May 81, 1869.
Hon JOHN A. RAwLISs Secretary AZ HGr
Your letter OF March q. 1869. submitting for my
opinion the proper action 20 be had n the premises
the OF James Weaver citizen Of Texas who was
Commanding General Of the Ffth Military District,
authority OF section three OF the act OF March lC7
Rebel states. and found guilty Of murder and
fenced 10 be hanged The record having been forwarded
for the action OF the President as required by section
four of said act aud returned by him your Department
upon the 1st day Of February last, without any action
upon the same received the 10th OF March last
@ ny ~ mi JeIlerafe c6usideraton tbaf 1pd,r e
pressure OF other official duties have been able uul
this time 10 give Y sutcient attention Having now
carefully Examined it, proceed 20 state the conclusion
10 which have arrived. Prom the papers accompanying
your letter IL appears that James Weaver, citizen Of
that county by request 0f j. Thornton District Judge
OF the Second District Ia Texas made 10 Gen Reynolds,
panied by a that trial could not probably Dee
had the State Courts ana asking that he may be tined
sion was organized Austin, Texas before which the
nth Of septemDer ls55 ana the days ioiloNs Nca'cr
was arraigned aud tired he was 3eieHaeu ny eouEstL
was found guilty and sentenced % be hanged ana TIE
question on which You desire my opinion seems a. bc
this: whether the Hehelal coihhdAuIIs 'He run @ @Si
tary District had authority To take man from the CN
Whether Military Commission III le1as III seItenu,i'
1865, had jurisdiction over citizen not ln naval or h-
zen, and under Indictment anu arrest M tie S.at ouI
thereof. From the letter Of Judge Thornton 10 General
record Inn this case It. appears that Weaver under
Indictment in tho District Court for the Second
fu,'tst fSe Civu conrts were so badly situated and
managed that II left with them tfia could probably
ston were filed by Weaver who objected FIRST that
entitled 70 trial by jury secondly that the Coisii
] o 49, tit te oGnsc with which he was charged be-
Onged entirely the civil courts OF the state OF Texas
and that he would be unable % plead the finding OF the
Td1,,niss0n i'm bar IN the District Court in BasrOp
Counv thirdly that before the date Of the order CON
ceruing the Commission hc was under indictment M TIE
% court and was under arrest TO await trial therein,
4f f1Ip
peudiug against him; fOurthly, because the District
ouTt Of Tastrop County was fully organized ana pre-.
E9Ted 10 pass upon an cases brought before it
tfhly because the said Weaver was citizen and con
nected with the army OF the United States and the dc
ceased was also a citizen, these exceptions over
ruled by the Commission The statute OF March q 1901
entitled TO provide for the more eicent govern
men OF United States declares IN ts preamble That
legal state Governments adequate Tor the protection
Of life and property then existed ID tAe Kebel states
therein enumerated and included among them the STATE
Of Texas and that II was necessary tlat peace ana gOO9
order should be enforced IN SAID states until 9ya ana
Republican state Governments could DC legally estab-
usled. therefore enacted that the said Rebel
states should be divided into military districts and made
subject the military authority ot the United slates
Of the President TO assign 10 the command OF each OF said
districts, officer OF the Army 10 detall suclenI MN
tarv force 10 enable such officer 70 perform his duties
aud enforce authority IN the district 10 winch he was
TIE act also provided that It's provisions shall become
imperative when the States have adopted the COstJu
tioh aupr0ved by Congress and Senators aud Repre-
t ~ rere d,nitted there from and that until the
people said States should be by law admitted 70 repre-
sentaton in Congress, any civil governments which may
exist therein shall be deemed provisional only, and ~ all
respects subject TO the paramount authority Of the United
States any time 70 abolish modify contract or super
scde the same As state OF Texas had not IN Sepe
brr 1865 and has since adopted Constitution ia CON
foruity with the provisions OF the act ana mas hot
come entitled To representation In the Congress OF the
United states the act was operative ln ItXas NJ .9
the military commission was Gigahleo Iol inc irlai
of Weaver and tho cOmmahdiAs ueheHi c.tI.
clsed the discretion entrusted 10 nm by thc
| third section, by deciding that II was necessary
for thC tnil Of offender 10 organize q Mill
tary Commission for that purpose.
After reviewing the power of Congress under the Con
ttution 60 declare war suppress nsurrecon and 70
make all laws necessary for the prOper execution Of the
laws Of the United States the Attorney sums up
as follows:
7 can bave no doubt that Il is competent for tho
nation 10 retain territory and the people which have
once ussumed hostile ana begcrcut Character WITHIN
he sp of war until tho act Of restoring the relations
of ece can be accomplished and that It Is Congress,
bc deuartueut Oi the National Government To winch
be uOWer 10 declare warts lnrusted by the constitution
10 determine when the war has so lar ended tEtt
flds work can be safely ana successfully coLplcIeu
1Tie date Of the Presidents proclamation, de'
/ clariug the insurrectlOn AT an end mas pee.
adopted interpret the precise close OF tne VII
cfueuts that Congress should declare that the state
whose civil governments have been destroyed hhoulu
continue under military authority 1hSn sucn fotei ~, m
osned 10 be Constitutional unless the contrary ay
nnears tits TO be also presumed Congress WIZ poNue
for the restoration, through COosuIonai %
- me rebeliOus States speedily as IN us Judgment
sc sfetv will allow but until civil authority Is re-
stored aud the rights OF persons ana property can De
tected In the region whlc has oee t9 ~ az 70 en-
organzed governments, the direction ny W en
80 military force gave that protection ana pfeseIte
Ry,esce xyonId seem 10 be the only alternative Win
anarchy. 10 appears ~ ou9 tb k,taTv Vommission
was arIy and carefully conducted, anu thal tio
OF which he convicted was "ant9n anu @ h,d
freedman who had neen ~ 1 MCH and go and work Tor
another MAJ went w lin IN the te!d ueaG his AOu'~ "