Year: 1867




adeat Johnson's View of the Power Of the


Generals Under che Military Bill


There Is some olamor for the removal Of
General Sheridan. This clamor originates with
the radicals, who are disguised at the
removal Of Wells, the radical Governor Of
Louisiana-disgusted at little Phil for venturlng
to see that republican could abuse his posi-
ton. and for boldly enforcing the law without
considering what party might be aggrieved by
It They urge the removal Of Sheridan on the
ground that in dispiaoing Wells he has tran
scended the powers given him by the law. In
this they throw to the President what might
at first glance seem . very pleasant bait-a
chance to take action against the Reconstruc-
ton law, to limit and restrict Its force at the
instance and advice and for the benefit of the
very party that made it But the President
cannot do this. He cannot remove Sheridan
for the removal Of Wells, because in this
course Sheridan has evidently been guided by
the Presidents own Interpretation Of the law.
For some months the Generals have been
waiting for Mr.. Stanbery's Interpretation Of the
law to tell them what their powers were, and
they have waited in vain. The Attorney
General has indeed given a muddy opinion
on those points Of the law relating to voters
and candidates, but not word as to the status
and powers of the commanders in their rela-
tions with the civil authority. They have thus
been compelled to interpret the law for them
selves or to take those broad interpretations
of it hitherto given by the President If
General Sheridan has done the latter his
rebuke cannot come from the Executive
chamber. If he has acted on bis own
Interpretation of the law it is remarkable
that he and the President have seen it
in precisely the same light, and Mr.. Johnson
cannot condemn another for doing what he
himself saw would be inevitable il the laws
were put in operation.


We find Mr.. Johnson's Interpretation of tho
reconstruction laws in his two veto messages
sent to Congress when these laws were submit
ted for his approval. Wepublish parts Of these
messages in another part Of to-day's paper.
OF the original reconstruction law Mr.. johnson
said It "places all the people Of the ten States
under the absolute domination Of the military
rulers" Further he declares ssthe power thus
given to the commanding officer Is that of an
absolute monarch-his mere will is to take the
place Of all law" Again, the President said of
the commander of district, "He alone is per-
mitted to determine what are the rights of
person or property, and he may protect them
in such ways as in his discretion may seem
proper" Moreover, che may make criminal
code Of his own," and "if he gives trial be-
fore punishment, he gives it Of his grace and
mercy; not because he is commanded so to do.n
Such are the very clear declarations of the
Presidents veto of the original Military bill,
passed over his head by Congress. He also
vetoed the Supplemental bill, and in that used
expressions as to the scope Of the law not less
instructive regarding the power Of COM
manders. He said the law gives to the people
the alternative either to accept negro suffrage
or Submit indefinitely to the rigor of martial
law, without a single attribute of freemen.n
He characterized the condition Of the States
under the law as an "absolute military
despotism." Now, II the commander is an
absolute dospot, he may remove any one within
the limits Of his district If his twill is lawD
he can make or unmaks governors as their
actions may suit his sense Of propriety. How.
ever radicals may clamor, whatever disgust
the removal of Wells may stir in his party, it
is clear that the President is estopped by his
own utterances from taking any action in the
matter against Sheridan, based on the notion
that he has transcended his powers Mr..
johnson was perhaps the only legal authority
consulted by the General.


Moreover, the American people accepted the
establishment Of military government in the
South in the full knowledge and conviction
that it was an evil, but believing that it
afforded the shortest and safest way out Of
the trouble. The confederacy had obliterated
civil society and the real government of law.
Davis and his adherents had established
military law-had kept up military
despotism for four years, and in those
four years the country had become so
demoralized that it was not expected that 1t
could come suddenly into the quiet condition
of civil society as existing at the peaceable
North. Only military rule and despotic au-
thority could be strong enough for such turbu-
lent elements as were brought into existence.
Thus there was hardly choice. The people
saw military law set above all other in case
under the constitution where "the public
safety required it"-in such case as those in
which the Senate Of Rome appointed q dicta-
tor. They regard this military rule, however,
as only preliminary-onlya means of control
ling turbulence and bringing society to a state
when the government OF law may once more
prevail; but in the vigorous action Of Sheridan
against corrupt men OF every class they see
military rule fulfilling the exact service required
Of it They will not find fault because this
action happens to fall heavily on politician Of
the dominant party. In that fact the country
sees only the impartial justice of the soldier.