The daily phoenix. (Columbia, S.C.) 1865-1878, June 19, 1867, Image 1
mm
Daily Paper $8 a Year
'Let our Just Censure
PHOHI.
Attend the True Event."
BY JULIAN A. SELBY
COLUMBIA. S. C., WEDNESDAY MORNING, JUNE 19, 1867
Tri-Weekly $5 a Year
VOLUME III-NO. 77.
Philadelphia Advertisem'ts.
m. AGENTS WANTED, m.
?irj -T TO S200 TER MONTH-males and
NP I tl females-to sell tho onlv genuino
amnion Sense FAMILY SEWING MA?
CHINE manufactured, lt will hem,fell,
stitch, tuck, bind, braid, quilt and embroi?
der beautifully. Frico only *20, including
Barnum's Solf-sowor and Self-turning Hem?
mer. Fnjlv warranted for live years.
CAUTION.-Beware of thoto selling
worthless cast-iron machines, under the
samo nama as ours. For circulars and
terms, address C. BOWERS & CO.,
255 S Fifth street, Philadelphia, Pa.
May 21 Imo
New York Advertisements.
STEVENS HOUSE,
21, 23, 23 AND 27 BROAD WA Y, X. Y.
OPPOSITE HOWLING GKF.EX.
ON THE EUROPEAN PLAN.
THE STEVENS HOUSE is well and
widely known to tho traveling public.
The location is especially snitablo to mer?
chants and business nieu; it is in close
proximity to the business part of tho city,
is on the highway of Southern and West?
ern travel, and adjacent to aU thc princi?
pal railroad aud steamboat depots.
Tho Stevens House has liberal accom?
modation for over 300 guests; it is well fur?
nished! and possesses every modern
improvement for thc comfort and enter?
tainment of its inmates. The rooms hav?
ing been refurnished and remodolod, we
gr? enabled to offer extra facilities for the
comfort and plcasuro of our guests. The
rooms aro spacious and well ventilated
provided with gas and water; tho attend?
ance is prompt and respectful, and tho
table is generously provided with every
delicacv of the season-at moderate rates.
GEO. K. CHASE & CO.,
_ May 31 fimo_Proprietors.
New York Hotel,
NEW YORK CITY.
THE subscribers, successors to II. Cran
.-.lui], Esq., and Cranston & Hildrelb, in the
proprietorship of this well-known
POPULAR HOTEL,
>
Wish to assure their friends and tho publie
generally, that they shall spare no pains
nor exr ?nfeC-.?u their ende avors to maintain
i;j reputation so well merited under its
former proprietors, as one of
THE FIRST OF FIRST-CLASS HOTELS.
I). M. HILDRETH & CO.
April 7_ OHIO
SOUTHERN BANK NOTES!
SOUTHERN SECURITIES!
I Bought and sold on commission by
LAWRENCE, BROS. & CO.,
BANKERS,
NO. 10 WALL STREE!'. NEW TORE.
MONEY received on deposit from banks,
bankers, merchants and others. Or
'ders in Gold, Government and other Secu?
rities executed at the regular Stock Ex?
change by a member of the firm. Consign?
ments of Cotton solicited. April a
DEWITT C. LA WHENCE. JOHN ll. CECIL.
Craps J. LAWBKXQE. WM. A. HALSTEQ
STENHOUSE & MACAULAY
Commission Merchants,
?^OR thc sale of COTTON, COTTON
* YARN'S, SHEETINGS, Naval Stores,
Ac, and for tho purchase of Merchandize
generally, 66 Pearl Street, New Yu.-k-.
, Consignments to us from every point in
the South fully protected by insurance as
80011 as shipped. Julv 14 Iv
J. E. STENHOUSE. ALLAN MACAULAY.
JAMES CONNER'S SONS
I.X1TEI) STATES TYPE FOUNDRY
AND PRINTER'S WAREHOUSE.
NOS. 28, 30 sud 32 Centre street, ?corner
of Reado street, ) New York. The type
on which, this paper is printed is from the
above Foundry. Nov 18
Sugar Mills.
SU. i AR MILLS can bo had at low prices.
Call at Palmetto Iron Works.
May 25 86 WM. GLAZE A CO.
Bacon! Bacon!
-I f\ UHUS, prime Clear Rib BACON
L" " SIDES, just received and for salo at
GREATLY REDUCED PRICES, by tho
hogshead, or nt retail, bv
May 22 J. A T. R. AGNEW
[ Ale and Porter.
TUN casks EDINBURG ALE, pints.
DUBLIN PORTER, pints. For sale bv
March 13 E. A G. D. HOPE. '
WANTED,
4 GOOD SERVANT, to cook and v ash;
^"V a middle-aged woman preferred. For
1.1 that will be acceptable, fair wages
paul pi omptly, either monthly or weekly.
Apply at tho "contro cottage, immediately
North of tho Charlotte Depot. May 81
I 50 Reams Wrapping Paper,
I Ct M ALL SIZE, at the usual low rates.
? E5 Juno7_J. C. SEEGERS A CO.
I BUTTER AND CHEESE. ~
?mUBS choleo GOSHEN MAY BUTTER.
? X 10 boxes E. D. and Cutting CHEESE.
I For salo by E. A G. D. HOPE.
I SMALL HOUSE FOR SALE !
?THE PRESBYTERIAN MISSION
Hfi?fk CHAPEL, on tho squaro South of the
Hj??B,Asv?iim: suitable for a small family
?esidence. Apply to R. L. BRYAN.
SPECIAL XOTICKS.
IT is a matter of congratulation that we
h?ve at last had a reliable Tonie intro?
duced in Panknin'a Hepatic Bitter?: manu?
factured at the South by Dr. CF. Pauknin,
thowell known Charleston Chcmiat; and
which can bo used by all persons, regard?
less of age fir sex, who require a tonio
medicine. Ask your family physician, and
he will be .sure to recommend them. For
sale, bv all druggists.
April ll) wly Du. C. H. MIOT. A. rnt.
A it i:.il \ i: K \ r. t,i : CASK OF" SCRO?
FULA CURED.-Extract from a letter:
"My son has long been atllicted with deaf?
ness and scrofula. Hearing of 'Hoiuitsh's
Queen's Delight,' 1 procured a bottle, and
gave it according to directions. In a few
dave, a very great change was visible; his
general health improved and his hearing
was restored. I believe ono more bottle
will effectually cure all scrofulous tenden?
cies. I give this certificate freely for the
benefit of the afflicted." For sale by
Frauen & HEisrrsn, Druggists.
May 29_ws_
Dun Ix i's I,i -lu ii i o ?r, Kly-ICIllcr will 1
certainly exterminate these pests, if its use
is persevered in. Beware of bogus Fly?
paper, which sonic dealers keep because
they can get it for nearly nothing. Don t
bo swindled. Ask for DUTCHER'S, which
is sold by all live Druggists.
May 28 _ Imo
TO MARRY OK XOT TO 3IARRYJ
"WHY NOT? Serious Reflections for |
Young Men, in Essays of tho Howard As?
sociation, on the Physiological Errors,
Abuses and Diseases induced by ignorance
of nature's laws, in the first age of 'nan.
Sent in sealed letter envelopes, free of j
charge. Address Dr. J. SKILLIN HOUGH?
TON, Howard Association, Philadelphia,
Pa. May 19 3mo
BATCHELOR'.* HAIR DYE-Thin
splendid nair Dye is the best in the world.
The only true and pi rfect Bye -harmless,
reliable, instantaneous. No disappoint?
ment. No ridiculous tints. Natural black
orb. own. Remedies the ill effects of bad
dyes. Invigorates the hair, leaving it soft
and beautiful. The genuine ia signed Wil?
liam A. Batchelor. All others aro mere
imitations, and should be avoided. Sold
by a.". druggists and perfumers. Factory
81 Barclay street, New York. ?5" Beware
of a counterfeit. Dee tl ly
HAVANA SEGARS.
ASMALE invoice of genuine HAVANA
s EG A PS, for Bale by
March 20 E. & G. D. HOPE.
Fresh Mountain Butter.
riTVYO HUNDI.El) POUNDS in store, tor
JL salo low. J. G. SEEGERS & CO.
Juno 1
EXTRA FAMILY FLOUR.
f-r BBLS. ENTRA FAMILY FLOUR.
I O 20 bags Country "
10 bbls. Hecker'a Self-raising "
Fer nalc low bv E. & G. D. HOPE.
MayO_
TA c ni Tn ni Y \inirn\VT\: ?
HOCK tSt?NO C??DS+
IF von desire to supply yourselves for the
FALL and WINTER TRADE, with tho
VERY BEST DESCRIPTIONS and STYLES
of
All-wool Cassimeres!
AND WITH THE MOST DURABLE
Jeans and Kersey Fabrics !
AU free from shoddy and other impurities,
Order Samples from the subscriber, and
they will bo forwarded, with prices attach?
ed,{(luring the months ol'July and August.
From these samples you can make your
selections and return your orders; and the
goods will be forwarded directly from the
manufactory. JOHN A. YOUNG,
President Rock Island Mnnnfae. Co.,
June 2 4mn Churl..tte. N. C.
TO RENT,
THE ROOM over the store of Thomson
liarle. Apply to
April P.) ALFRED TOLLE8QN.
Flour! Flour! !
4""*?i li ? LBS. COUNTRY FLOUR
. 0\/\/ primo article. I,nw tur cash.
.May 17 JOHN C. SEEGERS A CO.
Lime, Cement and Plaster.
J""*UST received, a frosh supply of best
STONE LIME. ROSENDALE CEMENT
and CALCINED PLASTER. In store and
for sale cheap for cash bv
Aprii t JOHN C. DIAL.
LAGER ! LAGER ! !
ITHRESH LACER BEER, now in tho cool
. cellar, at tho Brewery, and always re?
ceiving, to supply tho trade, at wholesale
and retail, at low rates.
June 4 J. C. SEEGERS A CO.
The Subscriber has Returned
TO his OLD STAND, at the corner of
Plain and Marion streets. Ho tenders
his professional services to the inhabi?
tants of Columbia and its vicinity, and
will attend promptly to ALL CALLS,
eitlior in tho DAY or NIGHT. Ofllco bouts
from 12 to 1.
June 1 D. H. TREZEVANT, M. D.
Thos. P. Walker
CORONER AND MAGISTRA7E.
Offico in rear of Court House.
Old Newspapers
FOR S\LE at the
PHONIX OFFICE.
A LOT or
HST IE2 -w
MUSLINS,
At 20 Cents per Yard.
AT
C. F. JACKSON'S.
.Tuno 13
1DWENTY boxeo FINE TOBACCO, for
. salo CHEAP.
Jane 13 ALF KED TOLLESON.
WHEAT AND EDDI !
IWILL pav Ibo HIGHEST MARKET
PRICE for WHEAT an.l FLOUR. Will
rurutsh baga when desired.
?hine V,_ALFRED TOLLESQN.
NOTICE.
THE United states Marshal's Office is
located on Washington, between Ri?
chardson and Assentblj streets.
JONATHAN DARK,
June 15 Duo U. S. Deputy Marshal.
Claret on Draught.
ONE cask excellent TABLE CLARET,
for sale low by the ?.'allon or upwards.
The supply will bo kept up during thc
Bummer. For sale bv
June 15 ' GEO. SVMMEBS.
June Butter,
IN air-tight packages of 2? pounds each.
Just received, per steamer Manhattan,
a sccoud consignment ?d' this delicious
BUTTER, preserved, to be fresh as from
tho (lain*. For .-ale by
.lune 15 "GEO. sVMMERs.
INGEMISCO-A ROMANCE.
XTTRITTEN when Ingemisco-not "All's
W Well"-was the watchman's cry: by
a kinsman oi Dr. B. M. Palmer, and dedi?
cated to him. Elsie Magoon, or tho Old
Still bolide in the Hollow; by Mrs. Gago
dedicated to the friends of temperance.
Cecil Castleman'* Gage, Lady Marabout's
Troubles and other Stories; by "Onida,"
author of Strathmore, icc. Bryan Maurice,
the Seeker; bv Rev. W. Mitchell. Far
Above Rubies;'by Mr-. Riddell.
New supplies of Surry of Eagle's Nest,
Wearing of the Grey, by J. Esten Cooke:
and other new Books-among which i.- a
Sensational Book, "Coming Wonders Ex?
pected Eetweeu lsi'.T and 1875."
A beautiful and fresh supply of Photo?
graph Albums, worth from ?1 to ?7.
DUFFIE .V CHAPMAN,
Townsend A North's old stand.
June 14
ON hand, a large lot of choice SUGARS,
of the best brands. For sale at manu?
facturing prices, at niv store on Plain
streit. F. A. SCHNEIDER.
Juno 13
"WANTED, "
SC. RONDS, old and new.
,_ . Columbia Ronds and Coupons.
Memphis and Charleston R. R. Bonds.
C. & S. C. R. R. Stock and Bonds.
North-Eastern Railrosd Bonds.
Rank Notes, Gold and Silver.
FOR SALE-Exchange on New York and
Charleston. THOS. E. GREGG A CO.
Juno ll _
To Hent.
THF. COLUMBIA FEMALE COL
tf??r LEGE, which for three years past
JUlLhas been occupied as *a FIRST
CLASS HOTEL by Mr. T. S. Nickerson, is
again offered for lease for three years,
from 1st September next.
Tho extensive patronage which Mr.
Nickerson received nap Riven much noto,
rit ty to this building. Its capacity, pecu?
liar Htnc8s and eligible location for tho
purposes of a first-class hotel, render a
particnlar description unnecessary.
For tel ms, Ac, inquire of either of the
following gentlemen: Hon. E. J. ARTHUR,
Dr. A. N. TALLEY, R. D. SENN or J. W.
PARKER.
Columbia, June ll, 1807. June ll
Violin and Guitar
S T B I ?;fiS?
4 LARGE and CHOICE S?LECTION <>f
J\ GENUINE ITALIAN STRINGS; also,
a line assortment of Violin Rows, Bridges,
Screws, Buttons and Tail Pieces. Just
received at E. POLLARD'S.
April 7 mw2J
TO THE_LAD1ES.
R E MOV A L !
MRS. C. E. REED bas
changed her place of business
to a moro commodious storo,
j (next door to E. Pollard's, on
.Main street,) (and will keon
'constantly on hand a frosh
supply of tho latest styles of
FRENCH MILLINERY, in all
iU branches. Also, superior
Silk Coverings, Hair Braids,
Curls, Fronoh Corsets, &c, at low prioes.
Ploaae call and examine beforo purchasing
elsewhere. _ ^
DRESS-MAKING
DONE WITH NEATNESS AND DE?
SPATCH. May 29 t
THE PHOENIX,
rrr.i.isuEn DAILY AN? THI-WEEKIA*.
tm GLEANER,
LVLiiY WEDNESDAY MORNING.
BY JULIAN A. SELB/,
CITY PRIKTER.
Oftlco i>n Main street, a row doors above
Taylor (or Oaindeti) street.
TERMS-IX A1) VAXCE.
SCBSCUITTIOX.
Dailv Paper, si\ months.$4 00
Tri-Weekly, " " . 2 50
Weekly, .? . l 50
AI>VEr.TIsr.MENTS
Inserted at 75 cents per square for tho first
Insert ion, and 50 couts for each subs?quent.
Weekly 75 cents each insertion.
?y .1 liberal discount :uade on the above
trite* totten adcerlUemetUe ure inserted by
tlte tnonUt OJ- yetti-.
AOESTS.
W. C. Moore, Abbeville,
.r. R. Alien. Chester.
.Julius Poppe, Anderson C. H.
s. P. Kinard, Newberry C. H.
W. T. sims, Union.
J. M. Allen, Greenville.
Opinion of tho Attorncy-Grnrral ns
Ut tile Powers of tho Military Com
mnndtrii
V ATTORXET-G EXElt Ali'fi OFFICE,
June 12, 1.SG7.
Tho President.
Sm: On the 24th ultimo, I hud the
honor to transmit for your considera?
tion my opinion upon somo of the
questions arising under the recon?
struction Acts therein referred to. I
now proceed to givo my opinion on
the remaining questions, upon which
the military commanders require in?
structions.
First, as to the powers and duties
of these commanders.
The original Act recites, in its pre?
amble, that "no legal State Govern?
ments or adequate protection for life
or property exist" in those ten States,
?un? that "it is necessary that peace
j and good order should be enforced"
; in those States "until loyal and re
* publican State Governments can be
t legally established."
The first and second .sections divide
I these States into tivo military dis?
trict*, subject lo the military autho?
rity of tho United States as therein?
after prescribed, and make it the duty
? of the President to assign, from the
! officers of tho army, n general officer
to the command of each district, and
to furnish him with n military loree
j to perform Iiis duties and enforce his
authority within his district.
The third section declares, "That
it shall be the duty of eacli ollicer
assigned ns aforesaid to protect all
persons in their rights of person and
property, to suppress insurrection,
disorder and violence, and to punish,
or cnn.se to bo punished, nil disturbers
of the public pence and criminals;
and, to this end, ho may allow local
civil tribunals to take jurisdiction of
and try offenders, or, when in his
judgment it may be necessary for the
trial of offenders, he shall have power
to organize military commissions or
tribunals for that purpose; and all
interf?rence under color of State au?
thority with the exercise of military
authority under this Act shall be null
and void."
The fourth section provides "that
all persons put nuder military arrest
by virtue of this Act shall bo tried
without unnecessary delay, and no
cruel or unusual punishment shall
be inflicted; and no sentence of
any military commission or tribunal
hereby authorized, affecting the life
or liberty of any person, shall be exe?
cuted until it is approved by the
ollicer in command of the district,
and the laws and regulations for the
government of tho army shall not be
affected by this Act, except in so far
as they conflict with its provisions:
Provided, That no sentence of death
under the provisions of this Act shall
be carried into effect without the ap?
proval of the President."
The fifth section declares the quali?
fication of voters in nil elections, tin
well to frame the new constitution for
each State as in the elections to bo
held under the provisional Govern?
ment until tint new State constitution
is ratified by Congress, und also fixes
tho qualifications of tho delegates to
frame the new constitution.
The Hixth section provides "That
until tho people of the said rebel
States shall ba by law admitted to
representation in the Congress of lino
United States, any civii governments
which may exist therein shall bo
deemed provisional only, nud iu all
respects subject to tho paramount au?
thority of the United States, at any
timo, to abolish, modify, control or
supercedo the same; and in all elec?
tions to any office under saoh provi?
sional governments, all persons shall
be entitled to vote, and none others,
who are entitled to vote undor tho
provisions of tho fifth seotion of this
Aot; and no person shall be eligible
to any office under any sueh provi?
sional governments who would be dis?
qualified from holding office under
? tho provisions o? tho third article of
I said constitutional amendment."
j Tho duties dovolvod upon theconi
I mnnding general by tlicsupplcmcnta
i ry Act rela'to altogether to tho regis
! tration of voters and tho elections to
j bo held under tho provisions of that
! Act. And ns to these duties, they
: aro plainly enough expressed in tho
j Act; and it is not understood thatauy
question not heretofore considered in
the opinion referred to has arisen or
is likely to arise in respect to them.
My attention, therefore, is directed
to tho powers and duties of thc mili?
tary commanders under thc origiual
Act.
We see clearly onough that this Act
contemplates two distinct govern?
ments in each of theso ten States
tho ono military, tho other civil. Thc
civil government is recognized as ex?
isting at tho date of tho Act. Thc
military government is created by thc
Act. Both aro provisional, and both
are to continuo uutil tho now State
constitution is framed aud tho State
is admitted to representation iu Con?
gress. When that event takes place,
both theso provisional governments
are to cease. In contemplation ol
this Act, this military and this civil
authority arc to bo carried on toge?
ther. The people in theso States arc
made subject to both, and must obey
both, in their respectivo jurisdic?
tions.
There is, then, au imperative ne?
cessity to deliuc as clearly as possible
the lino which soparates tho two
jurisdictions, and tho e**act scope ol
tho authority of each.
Iso'v ns to the civil authority, re?
cognized by tho Act as tho provi?
sional civil govornmout, it covered
every department of civil jurisdic?
tion in each of theso Stales. It had
ali the characteristics aud powers of a
State government-legislative, judi?
cial and executive-and was in tho
full ana lawful exercise of all these
powers, except only that rt was not
entitled to representation as a State
of thc Union. This existing govern?
ment is not set aside; it is recognized
more than once by thc Act. It is not
in anyone of its departments, or, as
to any one of its functions, repealed
or modi lied by this Act, save only in
tho qualifications of voters, the quali?
fications of persons eligible to office,
the manner of holding elections, and
the mode of framing tho constitution
of tho State. Tho Act docs not in
any other respect change thc provi?
sional government, nor does the Act
uuthori/.o tho military authority to
chang<; it. Tho power of further
changing it is reserved, not granted,
and it 'is reserved to Congress, not
delegated to thc military commander.
Congress was not satisfied with tho
organic law or constitution under
which this civil government was
established. TJtal Constitution was
to bo changed iu only ? no particular
to ranko it acceptablo to Congress,
and that; WftS 111 the matter of tho
elective franchise. Thc purpose, tho
solo object, of this Act is to effect
that change, and to effect it by the
agency of the people of the State, or
.such of them as are made voters, by
means of elections provided for in
the Act, and iu the meantime to pie
si ive order and to punish offenders,
if found necessary, by military com?
missions.
We ure, therefore, not afc a loss to
know what powers aro possessed by
tho existing civil authority. The
only question is upon the powers
conferred on the military authority.
Whatever power is not given to tho
military remains with tho civil go?
vernment.
Wo sro, iirst of all, that each of
these States is "made subject to thc
military authority of the United
States"-not to tho military autho?
rity altogether, bot with this express
limitation, "as hereinafter pie
scribed."
We must, thou, examine what is
thereinafter provided, to find the
extent and nature of the power
granted.
This, then, is what is granted to
the military commander: The power
or duty "to protect all persons in
their rights of person and propel ty,
to suppress insurrection, disorder and
violence, aud to punish, or cause to
bo ] mashed, all disturbers of the
public peace and criminals," and he
may do this by tho agoncy of tho
criminal courts of tho State, or, if
necessary, ho may have rosort to mili?
tary tribunals.
This comprises all tho powers
given to the military commander.
Hero is a general olauso making it
the duty of the military commander
to givo protection to all persons in
their rights of person and property.
Considered by itself, and without
reference to tho context and to other
provisions of the Act, it is Hablo,
from its generality, to be misunder?
stood.
What sort of protection is hore
meant? What violations of the rights
if persons or of pioporty are here
intended? In what manner is this
. proteotiou to bc given? These ques?
tions nrise at once.
It appears that sorao of tho mili?
tary commanders have understood
this grant of power ns all-compre?
hensive, conferring on them tho
power to remove thc cxecutivo and
judicial officers of tho State, and to
appoint other officers in their places,
to suspend the legislative power of
tho State, to take under their control,
by officers appointed by themselves,
tho collection and disbursement of
the revenues of tho State, to prohibit
tho execution of tho laws of the State
by tho agency of its appointed of?
ficers and agents, to chango the exist- '
ing laws in matters affecting purely
civil and private rights, to suspend
or eujoiu thc execution of judgments
and decrees of tho established State
courts, to interfere in tho ordinary
administration of justice in tho State
courts, by prescribing now qualifica?
tions for jurors, and to change, upon
the ground of expediency, tho exist?
ing relations of the parties to con?
tracts, giving protection to ono party
by violating thc rights of tho other
party.
I feel confident that these military
officers, in nil they havo done, havo
supposed that thej had full warrant
for their action. Their education
and training have not been of tho
kind to fit them for tho dolicato and
difficult task of giving construction
to such a statuto ns that now nndor
consideration. They require instruc?
tion, and nearly all of them have
asked for instruction, to solve thoir
own doubts, und to furnish to them a
safo ground for tho performance of
their duties.
There can bc no doubt UR to the
rulo of construction according to
which we must interpret this grant
of power. It is n grant of power to
military authority, over civil rights
and citizens, in time of pence. It is
a new jurisdiction, never granted
j before, by which, in certain partieu
i lars and for certain purposes, tho es
? tablishcd principle that tho military
j shall bo subordinate to tho civil
j authority, isroversoil. The rulo of con
structura to be applied to such a grant
' of power is thus siated in I) warris on
? Statutes, jingo 052: "A statuto creat
j ing fi new jurisdiction ought to be
1 construed strictly."
Guided by this rule, and in tho
light of oth?r rules of reconstruction
familiar to every lawyer*, especially of
those which teach us that in giving
construction to single clauses we
must look to the context and to the
whole law; thal general clauses aro
to be controlled bj'particular clauses,
and that such construction is to be
put on a special clause as to make it
harmonize with tho other parts of the
statute, so as to avoid repugnancy. I
proceed to the construction of this
part of tho Act.
To consider, then, in the first
place, tho terms of thc grant. It is
j of a power to protect nil persons in
their rights of person and property.
It is not a power to create new rights,
but only to protect those.which exist
and nie established by the laws under
which these people live. It ia a
power to preserve, not to abrogate;
to sustain the existing frame of social
order and civil rule, and not a power
to introduce military rule in its place.
In effect, it is a polico power, and
the protection hero intended is pro?
tection of persons and property
against violence, unlawful force, and
criminal infraction. It is given to
meet the contingency recited in tho
preamble, of n want of "adequate
protection for lifo and property,"
and thc necessity also recited, "that
peace and good order should be en?
forced. "
This construction is made moro
apparent when we look nt the imme?
diate context, and sec in what modo
and by what agency this protection
is to bo secured. This duty or power
of protection is lo be performed by
the suppression of insurreetion, dis?
order and violence, and by the pun?
ishment, either by tho agency of thc
State courts, or by military commis?
sioner;,, when necessary, of all dis?
turbers of the public peace nnd cri?
minals; and it is declared that all
interference, under color of Stnto
authority, with the exercise of this
military authority, shall bo null and
vc'!.
The next succeeding clause pro?
vides for a speedy trial of tho offend?
er, forbids thc infliction of cruel and
unusual punishment, and requires
that sentences of these military courts
which involve tho liberty or lifo of
tho accused shall have tho approval
of the commanding general, and os
to a sentence of death, the approval
of the Prosident, before execution.
All these special provisions have
roforenco to tho preservation of order,
and protection against violence and
crimo. They touch no other depart?
ment or function of tho civil admi?
nistration, save only its criminal
jurisdiction, and even os to that, tho
olear meaning of this Aot is, that it
is not to be interfered with by tho
-