Year: 1867

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of them as are made voters, by means Of
elections provided for in the act, and in
the meantime To preserve order and pun
ish offenders, il found necessary, by Mill
| tary Commissions We are, therefore,
not at loss to know what powers pos
sessed by the existing civil authority
The only question is as to what powers
are conferred on the military authority
and what remains with the civil govern
ment


We see FIRST of all that each Of these
States is made subject to the military
authority of the United States, not to the
military authority altogether, but with
this express limitation rs hereinafter pre-
scribed We must then examine what is
hereinafter provided, to find the extent
and nature of the power granted. This,
them is what is granted to the military
COMMUNICATIVE power or duty to pro
tect all persons in their rights of person
and property, to prevent insurrection,
disorder and violence, and to punish or
cause TO be punished all disturbers Of the
public peace and criminals. And he may
do this by the agency of the Criminal
Courts of the State, or, if necessary, he
may have resort to military trials. This
comprises all powers given to the military
commander. Here is a general clause
making it the duty of the military com
mander to give protection to all persons
in their rights of person and property
Considered by itself and without reference
to the context and to other provisions of
the act, it is liable from its generality to
be misunderstood.


What sort ofprotecton is here meant
What violations of rights Of persons or
of property are here intended? In what
manner is this protection to be given !?
These questions arise at once. 1t ap-
pears that some of the military com
manders have misunderstood this grant
ofpower as all comprehensive, comforting
on them the power to remove the execu-
tive and judicial officers of the State, and
to appoint other officers in their places :;
to suspend the legislative power of Il
State to take under their control officers
appointed by themselves, the collection
and disbursement of the revenue of the
State to prohibit the execution of the
laws Of the State by the agency Of its ap-
pointed officers and agents; to change
existing laws in matters affecting purely
civil and private rights to suspend or en-
join The execution of judgments and de
cisons of the established State courts
tQt ipt5srfSgee t5f Sye.ip ip the ordinary adminstra
ing new qualifications for jurors. and
change, upon the ground of expediency,
the existing relations of the parties to
contracts, giving protection to one party
by violating the rights of the other party.


! feel confident that these military of
iiccrs, in all they have done, have sup
posed that they had full warrant &c. &c. .heir w..
acton Their education and training
have not been Of the kind to fit them for
the delicate and difficult task Of giving
construction to such statute as that now
under consideration. They require in.
struction, and nearly all of them have
asked for instruction to solve their own
doubts and to furnish to them safe
ground for the performance Of their du-
ties There can be no doubt as to the
rule of construction according to which
we must interpret this grant Of power
1t is grant Of power to the military au-
thority over civil rights and citizens in
time ofpeace. 1t is anew jurisdiction never
granted before, by which, in certain par
ticulars and for certain purposes, the cstab-
lished principle that the military shall be
subordinate to She civil authority is re-
versed. The rule Of construction to be
applied to such a grant of power is thus
stated in the volume Of statutes, page
Coz A statute creating new jurisdic
ton ought to be construed strictly"


The Attorney General proceeds to the
construction Of various passages of the
act. The act does not give power to con
fer new rights, but only to protect those
which exist and are established by the
laws under which the people live. It's a
power to preserve not to abrogate; to
sustain the existing frame Of social order
and rule, and not power to introduce
military rule in its place 1t is given to
be used in such contingencies as are re-
cited in the preamble where there may be
q want of adequate protection for life and
property. This duty or power Of pro
lection is to be performed by the sup
preston Of insurrection, disorder, vio.
lence, &c, and it is declared that all in
reference under the State authority in
the exercise Of this military authority
shall be null and void. These special
provisions touch no other department OF
function Of the civil administration, save
only its criminal jurisdiction, and even
rs to that the clear meaning Of this act
is that it is not to be interiercd with by
, military authority unless when neccs
sity for such interference may happen tc
| arise. The existing civil authority in al
its other departments, legislative, cxecu
, tive and judicial, is left untouched. The
, civil rights act and the Freedmon's Bu
, rcau have made ample provision for The
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