Year: 1867

! val OF the IfeSlQenI: before tAecU-
ton.


All these special provisions have
reference to the preservation Of
order, aud protection against yio-
lence and crime. They touch no
other department or function Of
the civil administration, save on
" it's criminal jurisdiction, and
even as to that, the clear meaning
Of this Act is, that it is not to be
interferred with by the military
authority, unless when Il nccessi-
ty for such interference may hap
pen to arise.


I see no authority, nor any
;, shadow of authority, for interfer-
ence with any other courts or any
other jurisdiction, than criminal
! courts III the exercise Of criminal
! jurisdiction. The existing civil
authority in all its other depart
ments-lcgisIative, executive and
iudicial-is left untouched. There
is no provision, even under the
plea of necessity, to establish, by
military authority, courts or tri-
bunals for the trial Of civil cases,
or for the protection Of such civil
rights Of person or property as
come within the. cognizance OF
civil courts as contra-distinguishcd
from criminal courts. In point
! of fact, there was no foundation
for such a grant Of power, for the
civil rights Act and the Freed
mems Bureau Act, neither ofwhich
is superseded by this Act, made
ample provision for the protection
of all merely civil rights, where
the laws or courts Of these States
might fail to give full, impartial
protection.


I find no authority anywhere in
this Act, for the removal, by the
military commander, Of the prop
er officers OF q State, either exc
cutive or judicial, or the appoint
ment of such an officer, There is
no such grant expressed or even
implied. On the. contrary, the
Act clearly enough forbidsit The
regular State officials duly elected
and qualified are entitled to hold
+bnir of4iras They. too, have
rights which the military com
mander is bound to protect, not
authorized to destroy. 49,


We find in the concluding clause
of the sixth section Of the ACT
that these officials are recogni-
zed, and express provision is made
to perpetuate them. 1t is enac-
ted that ''in all elections. to any
office under such provisional gov
ernments, all persons shall be en-
titled to vote, and none others,
who are entitled to vote under
the provisions of the fifth section
of this Act and no person shall
be eligible to any office undersuch
provisional governments. who
would be disqualified from hold
ing Office under the provisions Of
this Act.:'


This provision not only rccog-
nizes all the officers Of the proyis-
ional governments, but, in case Of
vacancies, very clearly points out
how they are to be filed; and
that happens to be in the usual
way by the people, and not by
any other agency OF any other
power, either State or Federal:
civil OF military.


find it impossible under the pro,
visions of this act to comprehend such
an official as Governor of one of these
States appointed to Office by one of th.,se
Military Commanders. Certainly he is
not the Governor recognized by the laws
of the State, elected by the people of the
State, and clothed as such with the chief
executive power. Nor is he appointed
as Military Governor for a State which
has no lawful Governor, under the nres-
sure Of an existing necessity to eXa' else
powers at large. The intention, no
doubt, was to appoint him to ill va
cancy occasioned by military order,
and 10 put him in the place Of the re-
moved Governor, to execute the functions
of the office as provided by law. The
law takes no cognizancc of such an off,
cial, and he is clothed with no authority
or color of authority.


What is true as to the Governor is
equally true as to all the other legislative,
executive, and judicial officers Of the
State. If the Military Commander can
oust one from his office, he can oust them
all. he can fill one vacancy he can ill
all vacancies, and thus usurp all civil
jurisdiction into his own hands, or the
hands of those who hold their appoint
ments from him and subject to his power
of removal, and thus Illustrate the very
right secured to the people by this act
Certainly this act is rigorous enough in
the power which 1t gives. With all It's
severity, the right OF electlng their own
officers is still left with the kcopic, and it
must be preserved.


must not be understood as fixing
limits to The power of the Military Com
mander in case of an actual insurrection
or riot. 1t may happen that an insurrcc-
ticn in one of these States may be so
general and formidable as to require the
temporary suspension Of all civil govern.
mcnt, and the establishment of martial
law in its place. Aud the same thing
may be true as to local disorder or riot
in reference to The civil government OF the
city or place where it breaks out. What !
ever power is necessary to mcetsnch enler-
Scnc:es, the Military Commander may /