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.ff?*r--i-L' 1 1 ' i 1 -? ni iii tr. ry an tb or i ty, unless when a ne? cessity for such iuterfereuce may happen to arise. I see no authority, nor any shadow of authority, for iutorforonco with any other courts or any other juri? diotion, than criminal courts iu the exerciso of criminal jurisdiction. The existing civil authority in all its other departments-legislative, executive and ' judioial-is loft untouched. There is no provision, oven under the plea of necessity, to establish, by military authority, courts or tribuuals for the trial of civil cases, or for the protection of suoh civil rights of per? son or property as come within the cognizance of civil courts as contra? distinguished from criminal courts. In point of fact, thero'was no founda? tion for such a grant of power, for the civil rights Act and tho Freed? men's Bureau Act, neither of which is superseded by this Act, made am? ple provision for the proteotion of all merely civil rights, whero thc laws or courts of these States might fail to give full, impartial protection. I find no authority anywhere in this Act for tho removal, by tho mili? tary commander, of the proper offi - oers of a State, either executive or judicial, or tlie appointment of per? sons to their places. Nothing short of an express' grant of powor would justify the removal or the appoint? ment ot' such an officer. Thero is no such grant expressed or even im? plied. On tho oontrary, the 'Act ? clearly enough forbids it. The regu? lar State officials duly elected and qualified are entitled to hold their offices. They, too, have rights which the military commander is bound to protect, not authorized to destroy. We find in the concluding clause of the sixth section of the Act that these officials are recognized, and express provision is made to perpe? tuate them. It is enacted that "in all elections to any office under such provisional governments, all persons shall be entitled to vote, and none others, who aro entitled to vote under the provisions of the fifth section of this Act; and no person shall be eli? gible to any office under Buch provi? sional governments who would bo disqualified from holding office under the provisions of this Act." This provision not only recoguizes all the officers of the provisional go? vernments, but, in case of vacancies, very clearly tJoiuts out how they ore to be filled; aud that happens to be in tho usual way, by tho people, aud not by auy other agency orauy other power, either State or Federal, civil . or military. [We omit three or four paragraphs at this point, which wero published iu full in our telegraphic despatches yesterday morning.] What has been said, indicates my opiuion as to any supposed power of the military commander to change or modify tho laws in force. Thc mili? tary commander is made a conserva? tor of tho peace, not a legislator. His duties are military duties, executive duties, uot legislativo duties. Ho has no authority to enact or declare a new codo of laws for the people with? in his district under any idea that he can make a better code than the peo? ple have made for themselves. The public policy is not committed to hit discretion. The Congress which passed this Act undertook in certaiu grave particulars to change these laws, aud these changes being made, tho Congress saw uo further necessity of change, but were content to leave all tho other laws in full force, bul subject to this emphatic declaration, that as to t,heso laws and such futon changes as might bc expedient, tin questiuu of expediency aud thc powei to alter, uiiieud or abolish, was ru sorved for "tho paramount authority of the United States at auy timo te abolish, modify, control or supercedi tho same." Where, theu, eloes t military commander find his author! ty "to abolish, modify, control OJ superceele" auy one of these laws? The enumeration of the cxtraordi nary powers exorcised by the military commauelcrs in soiue of thc district* would extend this opinion to an un reasonable longth. A few instance: must suffice. In ono of tho*o districts, thc (Jo vernor of a State has been d?pos?e under a threat of military force, am another person, called a governor has been appointent by the military commander to lill his place; thus pre senting tho strange spectuclo of ai official entrusted with the elliot powe: to execute tho laws of the State whoso authority is not recognize? by tho laws he is called upon to exe cute. lu the samo district, tho judge o one of tho criminal courts of th State has been summarily dealt with The Act of Congress does give au thority to tho military Commande? rn cases of necessity, to transfer th juriseliction of a criminal court to military tribunal. That being th specific authority over tho erimia; courts given by thc Act, uo other ai thority over them cun bo lawful! oxercised by tho military commando But in this instance, tho juelgo ha: by military order, boen ejected froi his office, anel a private citizen hi boen appointed judgo in his place 1 military authority, anel is now in tl exercise of criminal jnriseliotic "over all crimes, misdemeanors at offences" committcel within thc terr torial jurisdiction of tho court. Th military appointco is cortainly n< authorized to try auy ono for ar offence as a member of a military tr bunal, and ho has just as little ai ilTMlll.I. thority to try and punish, any offender as a judge of a criminal oourt of the State. It happons that this private citizen thus placed on thu bench is to sit as the sole judge in a criminal court whoso jurisdiction extends to cases involving the life of tho accused. If ho has any judicial power in any case, ho has the same power to take cogni? zance of capital cases, and to sen? tence the accused to death, and order his execution. A strange spectacle! where tho judge and the criminal may very well "change places;" for if the criminal has unlawfully taken life, so, too, does tho judge. This is the inevitable result; for the ouly tri? bunal, tho only judges, if they can be called judges, which a military commander can constitute nnd ap? point under this Act to inflict the death pennlty is a military court com? posed of a board, nnd called in tho Act a "military commission." I seo no relief for the condemned against the sentence of this ngent of the military commander. It is not the sort of court whoso sentence of death must, bo first approved by tho commander and finally by tho Presi? dent, for that is allowed only where tho sentence is pronounced by a "military commission." Nor is it a sentence pronounced by the rightful court of the State, but by a court and by a judge not clothed with authority under the laws of the State, but con? stituted by the military authority. As the representative of this military authority, this Act forbids inter? ference "under color of State autho? rity" with the exercise of his func? tions. In another ono of these districts, a military order commands tho Go? vernor of the Stato to forbid the re? assembling of thc Legislature, and thus suspends the proper legislative power of tho State. In the same dis? trict, au order hus been issued "to relieve the Treasurer of tho State from the duties, bonds, books, papers, .fcc, appertaining to his office," and to put an "assistant quartermaster of United States volunteers" in place of the removed Treasurer; the duties of which quartermaster-treasurer are thus summed up: He is to make to the headquarters of the district "tho same reports and returns required from the Treasurer, and a monthly statement of receipts and expendi? tures; ho will pay all warrants for salaries which may be, or become, due, and legitimate expenditures for tho support of the penitentiary, State asylum and the support of the provi? sional State government; but no scrip or warrants for outstanding debts of other kind than those specified will bo paid without special authority from these headquarters. Ho will deposit funds in the same manner as though they were those of the United States." In another of these districts, a body of military edicts, issued in general and special orders regularly numbered, and in occasional circu? lars, have been promulgated, which already begin to assume the dimen? sions of a code. Theso military orders modify tho existiug law in tli<> remedies for the collection of deb s, tho enforcement of judgments and decrees for tho payment of money, staying proceedings instituted, pro? hibiting, in certain cases, the right to bring suit, eujoiuing proceedings on execution for tho term of twelve months, giving new lieus in certain cases, establishing homestead exemp? tions, declaring what shall bo a legal tender, abolishing in certain cases the remedy by foreign attachment, abolishing bail "as heretofore autho? rized" in cases ex contractu, but not in "other cases, known us actions ex delicto," and changing, in several par? ticulars, thc existing laws as to the punishment of crimes, and directing that the crimes referred to "shall be punished by imprisonment at bard labor for a term not exceeding ten years nor less thau two years, in the discretion ot the court having juris? diction thereof.*' One of these gene? ral orders, being number ten of the scries, contains no less than .seven? teen sections, embodying thu various changes and modifications which have beeu recited. Tlnvquestion at once arises in the mind ol every lawyer, what power of discretion belongs to the court having jurisdiction of any of these offences to sentence a criminal to any other or iii li?rent punishment than that pro? vided by tho law which vests him with jurisdiction The concluding paragraph of this order, No. 10, is in theso words: "Any law or ordinance heretofore in force in North Carolina or South Carolina, inconsistent with tho provisions of this general order, aro hereby suspended and declared inoperative." Thus announcing not only a power to suspend the laws, but to declare them generally inope? rative, and assuming full powors of legislation by tho military authority. Tho ground upon whioh theso ex? traordinary powers nre based is thus set forth in Military Order No. 1, is? sued in this district: "Tho civil governments now existing in North and South Carolina is provisional only, nnd in all respects subject tu tho paramount ' authority of the United States, at any timo to abolish, modify, control, or supercedo the same. ' Thus far tho provisions of the Act of Congress aro well recited. What follows is in these words: "Local laws and municipal regula? tions, not inconsistent with the Con? stitution und laws of tho United Statos, or the proclamation of the President, or with such regulations as are or may be prescribed in the - _ orders of the commanding general, are hereby declared to be in force, and in conformity therewith, civil officers are hereby authorized to con? tinue the exercise of their proper functions, und will be respected and obeyed by thc inhabitants." The construction of his powers nuder the Act of Congress places the military commander on the same footing as tho Congress of tho United States. It assumes that "tho para? mount authority of tho United States at auy time to abolish, modify, con? trol or supercede," is vested in him as fully as it "was reserved to Con? gress. Ho deems himself a repre? sentative of that paramount authority. He puts himself upon an equality ?with tho law-making power of tho Union, the only paramount authority in our Government, so far, at least, as the enactment of laws is concern? ed. He places himself on higher ground thau the President, who is simply an executive officer. He as? sumes, directly or indirectly, all the authority of tho State, legislative, executive and judicial, aud iu effect declares "I am the State." I regret that I lind it necessary to speak so plainly of this assumption of authority. ? repeat, what I have heretoforo paid, that I do not doubt that all these orders have been issued under an houest belief that they vero necessary or expedient, and fully warranted by tho Act of Con? gress. There may be evils and mis? chiefs iu the laws which these people have made for themselves, through their own legislative bodies, which require change; but none of these can be so intolerable as the evils and mischiefs which must ensue from the sort of remedy applied. One can plainly seo what will bo the inovitable confusion and disorder which such dist urbances of the whole civil policy of tho State must pro? duce. If these military edicts are allowed to remain even during the brief time in which this provisional military government inay be iu pow ar, tho seeds will be sown for such a future harvest of litigatiou as has never been inflicted upon any other people. There is, iu my opinion, au execu? tive duty to bo performed here which cannot safely bo avoided or delayed; for, notwithstanding the paramount authority assumed Ivy these com? manders, they are uot, even as tc their proper executive duties, in any seuse clothed with a paramount au? thority. They are, at last, subordi? nate executive officers. They are re? sponsible to the President for thc proper execution of their duties, nnd upon him rests the final responsibili? ty. They aro his selected agents. His duty is not all performed by BC lee ting stich agents as ho deems com peteut; but tho duty remains witli him to see to it that they execute their duties faithfully and according to law. It is true that this Act of Congress only refers to the President in tht matter of selecting and appointing theso commanders, and in tho mattel of theil powers nnd duties under tht law, the Act speaks in terms directly to them; but this does not relicvt thom from their responsibility to tht President, nor does it relieve bin from the constitutional obligatio! imposed upon him, to seo that al "tho laws be faithfully executed." It eau scarcely be necessary to oiti authority for so plain a propositioi as this. Nevertheless, as we have t recent decision completely in point 1 may as well refer to it. Upon the motion made by tin State of Mississippi before the Sn promo Court of tho United States a its late terni, for leave to file a bil against the President of the Unitoi States to enjoin him against execnt ing tho very Acts of Congress nov under consideration, thc opinion O the court upon dismissing that mo tiou-and it seems to have beet unanimous-was delivered by tin Chief Justice. I make tho followinj quotation from the opinion: "Ver; dillbrent is the duty of tho Presiden in tho exercise of the to power seo tba the laws aro faithfully executed, am among those laws the Acts named ii tl. . bill. Jiy tho first of these Acts he is required to assign generals ii command in tho several military dis tricts, and to detail sufficient militar force to coal >lc such officers to dis charge their duties under tho law P?y tho supplementary Act, othe duties are imposed on the severn commandiug generals, and thei duties must necessarily be performet ltiuU-r tho supervision of tho Presi dent as commander-in-chief. Th duty thus imposed on the Presiden is in no just sense ministerial. It i purely executive and political." Certain questions have boen pix pounded from ono of these militar, districts touching tho construction c the power of tiie military commande to constitute military tribunals fo tho trial of offenders, which I wi next consider. Whilst the Act docs not in term displaco the regular criminal courts c the State, it does give tho power t the military commander, when, in hi judgment, a necessity arises, to tak tho administration of tho crimim law into his own hunds, and to tr and punish offenders by means e military commissions. lu giving construction to thi power we must not forget the rt cent aud authoritive exposition give by tho Supreme Court of the Unite States . s to tho power of Coi gret to provide for military tribumds fe the trial of citizens in time of peac< and to tho emphatic declaration t to .whi?',?' there was no dissent or difference of opinion among the judges, that such a power is not warranted by the Constitution. A single extract from the opinion of the minority, as delivered by the Chief Justico will suffice. "Wo by no means assert that Congress can establish and apply tho laws of war where no war has boen declared or exists. Where peace exists tho laws of peace must prevail. What wo do maintain is, that when the nation is involved in war, aud some portions of tho country aro invaded, and all aro exposed to invasion, it is within tho power of Congress to determino in what States or districts such great aud imminent pnblio dauger exists, as justifies the authorization of mili? tary tribunals for the trial of crimes anil offences against the discipline or security of tho army or against tho public safety." Limiting myself here simply to the construction of this Act of Congress, and to tho question in what way it should bo executed, I havo no hesi? tation in saying that nothing short of au absolute or controlling neces? sity would give any color of author? ity for arraigning a citizen before a military commission. A person charged with crime in any of these military districts has rights tobo pro? tected, rights the mont sacred and in? violable, and among those the right of trial by jury, according to the laws of the land. When a citizen is ar? raigned before a military commission on a criminal charge ho is no longer under the protection of law, nor surrounded with those safeguards which are provided iu the Constitu? tion. This Act, passed in a time of peace, when all tho courts, State and Fe? deral, are in the undisturbed exer? cise of their jurisdiction, authorizes, at tho discretion of a military officer, tho seizure, trial aud condemnation of the citizen. Tho accused may be sentenced to death, und the sentence may bo executed, without indict? ment, without counsel, without a jury and without a judge. A sen? tence which forfeits all thc property of the accused requires no approval, j If it affects tho liberty of the accused I it requires the approval of the com I mantling general; and if it affecte j his life, it requires the approval oi I the General and of thu President I Military and executive authority rub ' throughout, in the trial, the sentence, and the executions. No habeas corpm ' from any State court can be invoked for this law declares that "all in ! terference, under color of State nu thority, with the exercise of militar* authority under this Act, shall b< null and void."' 1 repeat it, that nothing short o: an absolute necessity can give an I color ot' authority to a military com mander to call into exercise such ? power. It is a power, the exercisi of which may involve him and ever one concerned in the gravest respon sibilifies. Tho occasion for its ex ercise should be reported at once ti the Executive for such instruction as may be deemed necessary mu proper. Questions have arisen whether under this power, these military com missioners can take cognizance c offences committed before tho pass ago of the Act, and whether the; can try and punish for acts not mad crimes or offences by Federal o State law. I nm clearly of opinion that thc have no jurisdiction as to either They can take cognizance of no ol fence that has not happened af te tho law took effect Inasmuch n the tribunal to punish, and the mei sure or degree of punishment ar established by this Act, we mu; construe it to be prospective, un not retroactive. Otherwise it wonl take the character of an expostfi/ac, law. Therefore, in tho absence < any language which it gives the A< a retrospect, J do not hesitate to sa it cannot apply to p^i-d offences. There is nu legislative power give under this military bill to establis a new criminal eode. The authoril given is to try and punish crimina and offuuders, and this proccet upon tho idea that crimes ami o fences have been committed; bi no person can be called a crimiu or nu offender for doing an act wind when done, was not prohibited 1 law. Hut, as io tho measure of punis] mont, I regret to be obliged to si that it is left altogether to tho mil tary authorities, with only this lin: talion, that the punishment to I inflicted shall not be cruel orunusun Tho military commission may t the accused, fix tho measure of pu: ishmeut, even to the penalty death, and direct the execution the sontence. lt is only when the se fence affects tho "lifo or liberty" ? tho person that it need 1?; approv? by the commanding general, and on in coses where it affects the life tho accused that it heeds also tl approval ol' tl.o President. As to crimes or offences again the laws of tho United States, tl military authority eau take no co nizance of thom, nor in any way i terfere with the regular ndrainistr tion of jestice by the appropria Federal courts. In the opinion heretofore giv< upon other questions arising und these laws, I gave at largo for yo consideration tue grounds upon whi< my conclusions were arrived at, i tending thereafter to stito these co elusions iu n concise nud clear sui mary. I now proceed to execu that purpose, wh'dh is made especii ly necessary from the confusion und doubts which havo arisen upon that opiuion iu tho public mind, caused iu part by the errors of telegraph and the press in its publication, and in part by the inaptitude of the gcu ral reader to follow carefully the successive and dependent steps of a protracted legal opiuion. [Owing lo thc length of thc above, wo aro compelled to defer tho publi? cation of the "Summary of tho Qua? lifications of Voters,'* until to-mor? row. ] COLUMBIA. Wednesday Morning, June 19, 1867. Thc .Yttoriiiy-Cicncrttr* Opinion. We publish, this morning, the opinion of Attorney-General Stan berry on the power of district com? manders. Wo take it from the Rich? mond Dispatch, and wo agree with that paper that it is far superior to his former elaborate opiuion, which, wc confess, we could not thoroughly understand. Mr. Stanberry seems at last, the Dispatch says, to have made up his mind. He tells thc district com? manders, in plain terms, that they havo usurped powers not conferred upon them by the Acts of Congress. This point wc have often discussed, and wc have always taken the exact ground now occupied by thc Attor? ney-General. lu regard to the classes of persons disfranchised, he has come to the conclusion that County officers are among the unfortunates. All execntiue aud judicial officers who, beforo the war, were required to take the oath to support the Con? stitution and afterwards engaged in rebellion arc included by Mr. Stau berry among tho disfranchised. This, to be sure, is simply the language of the law. But, as every person knows whether as an officer he took such oath, aud ?us it is well known that certain officials were always re? quired to take it, the laugitagc could not well be improved upon. Tho ouly question ns to which there was any doubt was, "What are executive and judicial officers?" This being settled, and it being a matter of notoriety what officers were always required to take tho oath, there was no occasion for doubt in auy man's mind upon tho question of disfran? chisement. We commend tho careful reading of this opinion to our readers. Our telegraphic despatches, published yesterday, stated that the President would issue his orders in conformity with it. In view of tho enforcement of this opinion, as the National Intel? ligence)' intimated, last week, at all hazards, it may become oue of the most interesting documents in tho history of thc country, since the com? mencement of the civil war. FATAL ACCIDENT.-Yesterday morn? ing, the down passenger train, when just above Bel Air, encountered a negro woman and her small child on tho track. The child was instantly killed and mortal injuries inflicted upon tho woman. Uer husband, who was walking on the track just j before the accident, says he thought bis wife had stepped off the track on i tho opposite side from him, as she had ample time so to do before the approach of tho train. An inquest was held on tho body of the child, and a verdict rendered in accordance with the facts. IA tty as/a Constitutionalist. -. ^ ?. The Wheeling Register tells of a yoi lg man who for .some weeks has been wasting away to a skeleton, owing to mysterious l?-ss of blood. ( >n awaking every morning, ho found a fresh puncture on some part of his body, from which blood had been drawn. He a', length became con? vinced that a vainpyro was sucking his blood, and removed to another boarding house. Since the removal, lie is recovering his health. A smart telegraph operator, in Jersey City, has been paying ex? penses by sending bogus despatches to citizens and pocketing the sums collected. Punch says Mr. Gladstone is so constantly "waited upon" by re? formers, that he has discharged all his footmen. The London Morning Hei'ithl has roason t:> believo that Jefferson Davis will arrive in England in the month of June. On Saturday, the European mail sent from New York by tinco steam? ships embraced 10,401 packages. The Democrats have been success? ful iu North Kingstown and East Greenwich, lt. I. A mossago ou the Belgium tele? graph over its longest line costs only half a cent a word. Lots of New York belles, it ?3 said, will summer ut homo this summer, owing to papa's impecuuiosity. XaOOal Tt?irn ?c-i. FKAXK LESLIE'S LADY'S MAGAZINE. We are indebted to Mr. J. J. McCnr ter for a copy of this umguziue for June. It will bo well received by our lady readers, as it contains beautiful fashion plates, patterns, Ac FALL or A BUILDING.-The black? smith shop on Washington street, occupied by Mr. McAllister, fell in, yesterday morning, with a loud crash, causing some alarm among the resi? dents in tho vicinity. Fortunately, there were only two workmen (freed? men) in thc building at the time one of whom escaped unhurt, and tho other with a wound in the head from the falling timbers. The wound is not serious. COBRECTIOX.-Wo were iu error in stating that tho Africau Church, of which wo made montion the other dny, in noticing the layiug of the corner stone, was a Baptist Church. It is connected with the African Methodist Church of the United States. Tho ceremonies were per? formed nuder tho supervision of BishopWeymau, of that church, aud thc corner-stone, wo understand, was laid by threo Master Masons, with the usual befitting ceremonies. Some idle, petty thieves, we under? stand, thinking there was some quan? tity of coin lodged In the cavity of the stone, removed it and found eighty-five cents, or thereabouts. JOB PUIXTIXG.-The Job Office of the Phoenix is as complete as any in the South. It is furnished with new fonts of type of all descriptions and of the most modern styles. All work executed promptly, with faste and skill, and at reasonable rates. THE COXTEXDING RAILROADS.-The snarl or difficulty between the South Carolina and Columbia and Augusta Railroads was not ended with Satur? day's proceedings, as we thought. Ou Monday evening, the employees o? the South Carolina Railroad took up tho crossing which the other road had laid. Tho parties engaged in the removal were brought before the Mayor's Court, yesterday morning, and were fined-tho Agent, Mr. Bol liu, in the sum of $20, and three em? ployees each i?l'J.50. The latter, we understand, were bound over to keep tho peace. The interference of the municipal authorities in this dispute seems to be misunderstood, as we infer from : uoto in the Charleston Mercury, of Monday. Their interference is based upon a city ordinance in relation to the obstruction of a pnblic street. The disputed point between the tw railroad companies is directly on the line of a street, and hence the steps taken by tho city authorities. This will explain to the Mercura why tho Chief of Police, Mr. Radcliffe, pro? ceeded, on Saturday evening, under authority of tho City Council, to re? move the obstruction from one of tho streets of the city. SEW AnVf.KTISKMKNTs.--AtU'ii:.' >U .-. l!i . .1 to the followitii! advertisement-, wine! ure published thin moruhi"* for the nr. ! line: E. H. Stokes--Transient Boarding Apply at this Office-Dog Lost. , llosteiter's Bitters, lt. H. Dav-Proposals for Beef, nev. Mr. Walker-A Card. E. E. Jackson-Seeds, fisher A Lowrance -Wheat Wanto J. C. Socgera A Co.-Fresh Lag .:. Jacob Levin-Auction. Roms four weeks agOj Anticip?t . . heavy decline in good?,.air. li. t . SI h commenced his grand clearing sale?, whi< was a success: for tho decline has c< :n< and with it a largo lot of new goods. - that bis will be the place to buy new g ? and at low priced. A CAED. THE Hov. Mr. WALKER gratefully a knowledges the extreme kin thies J ol !.. fellow-citizens in their efforts to e;ivi hi home from destruction by Uro on tin mot in-.,' v( tho 17th inst. June 19 1 FRESH LAGER JUST IN. at wholesale and on dian . Jqne 10_J. O- SEEOEKs A i ( ?. Wanted, FIVE THOUSAND BUSHELS WM EA at market price, by FISHER A LOWRANCE June RI 'lin LOST, . V A WHITE and iii.Al Iv POIS I 7*?2S9?HU DOG PUP, about one yc-i f?nZurr"** old -v suitable rews rd will paid for his recovery. Apply at this i fti June 10_ SEEDS, SEEDS. , WINTER DRUM-HEAD I AND m OREEN GLAZE CAEBAOI E. E. JACKSON! June IO ?