Year: 1867

i FeuGfal 0OYefumenb, aGtlnS III VOtASe


or separately, have not dared 70 exc


else, Is here attempted to be conferre


on subordinate military officer


10 him, as a military officer Of th


Federal Government, is given th


power, supported by sufficient mil


tary force, 10 remove every civil oi


ficer Of the United States, Wha


next2 The district commander vsh


has thus displaced the civil officer


authorized to gil the vacancy BY th


detail Of an officer or soldier Of tb


army. BY the appointment Of som


other person this military Officer


whether an officer ora soldier, is :


perform the duties Of. such officer 0


person 50 suspended or removed. i


other words, an officer or soldier 0


the army is transferred into a civi


officer. He may be made a Cover


nor, Legislator or Judge. How


ever unfit he may deem himself 70


such civil duties, he must obey th


order. The officer, if detailed, mus


g on the Supreme Bench Of th


State with the same prompt obedienc


as If detailed to act in a court martial


The soldier, if fdetailed to act as


Justice of the Peace, must obey a


quickly as If detailed for picket duty


What is the character of such mill


tary civil officers ? This bill de


clares that he shall perform the du


ties Of the civil office to which he i


detailed. It is clear, however, tina


he does not lose his position in tn,


military service he is still an Office


or soldier he Is still subject to tn,
rules and regulations which govern


the army, must yield due respec


and obedience toward his superiors
The clear intent Of this section il


that the officer or soldier detailed tt
fill civil office must execute its du


ties according to the laws Of th,


State. If he is appointed Governol
ofa State, he is to execute his duties
as provided by the laws Of tha


State, and for the time being his mill


tary character is to be suspended in
his new civil pacity. IF he is ap
pointed State Treasurer he must al
once assume custody and disburs-
ments of funds Of the State, aud per
form those duties precisely according
to the laws of the State, for he is en-
trusted with no other official duty OF
other official power when holding the
Office of Treasurer and entrusted with
funds. It happens that he is re,
quired by the State laws to enter into
bond with security and take an oath
Of Office. From the beginning Of the
bill to the end there is no provision
of fany bond or oath Of Office, or for
any single qualification required nm
der State laws, such as residence,
citizenship, or anything else. The
only oath is that provided for ia the
ninth section, by the terms Of which
every one detailed or appointed to
any civil Office in State is required
TO take an oath PIE oribe by .aw for
officers of the United States. Thus
an officer Of the army Of the United
States, 81 ordered 70 fii iii civil Il 0fioe n
one of these States, gives no official
bond, and takes no official oath for
the performance Of bis new duties;
but as a civil officer of the State, he
easily takes the same oath which he
had already taken as q military Of
ficer Of the United States. He is at
least a military officer performing
civil duties, and the authority under
which he acts is Federal authority
only, and the inevitable result is that
the Federal, by the agency Of its own
officers, in effect, assumes the civil
government of the State. A singular
contradiction is apparent here. Con


gress declares these local State gov-
ernments to be illegal governmen ts,,
and then provides that these illegal
shall be carried on by
Federal officers who are to perform the
very duties imposed on its own of,


icers by this illegal State authority.
It certainly would be q novel spec-
tacle if Congress should attempt to
carry on a legal State government by
the agency Of its own officers. 1t is
yet more strange that Congress at.
tempts to sustain and carry on an
illegal State government BY the same
Federal agency In this connection.
I must call attention to the tenth and
eleventh sections Of this bill, which
provide that some Of the officers or.
appointees Of these military cons
manders shall be bound in bis action
by an opinion of a civil officer Of the
United States, and that all the pro-
visions Of the act shall be construed
literally to the end that all interest
thereof may be fully carried out. It
seems that Congress supposed this
bill might require construction, and
they therefore applied this rule but
where is the construction to come
from? Certainly no one can be more
in want Of instruction than soldier
or an officer detailed for j civil service
perhaps the most important III a
State, with the duties of which he Is
altogether unfamiliar. This bill says
he shall not be bound in his action
By the opinion Of any civil officer Of
the United States. The duties ofthe
Office are altogether unfamiliar, bat
when he asks for instructions he can
only ask the opinion Of another
officer, who, perhaps, understands al
little of his du les as he does himself;


EA