THE DAILY EVENING TELEGRAPH PHILADELPHIA, MONDAY, JUNE 17, .1867. CP1R10N OF THE ilTOBNBT GENERAL An to the Powers of the Milttfirjr Com manders, and Kummaif Of the Q ! cations I Voters. Attokh.t 0hbial'8 Omon, "Washikotoh, June 12, 1H67. The Presidsnt Sir: On the 84th ultimo, 1 had the honor to transmit for your consideration my opinion upon some of the questions arlsinc under the reconstruction acts therein referred to. 1 now proceed to give ray opinion on ibe remaining que.. tlonsTupon which the military commander, re- FirVuas'w thpowers and datle. of these com- n,i'Dieeor!Klnal act recites in Us preamble that no legal State governments or adequate protection Jo? life or property exist" In those -ten States, and that "It I. necessary that peace and good order hoold be enforced" In those S-ates 'until loyal nod republican State government can be legally The Urst and second sections divide these State. Into live military districts, subject to the. military VnThorltyof the Uuited States as thereinafter pre crlhed, and malte it the duty of the President to s en. from the officers of the army, a general offl Serw he command of each district, and to famish him with a military force to perform hi. datle. and enforce hi. authority within his dlatrlct. The third .ectiou declare. "That it .hall be the duty of each officer assigned as aforesaid to protect all person. In th-lr rights of person and property, to suppress Insurrection, disorder and violence, and to punish, or cause to be punished, all disturb ers of the public peace and criminals, and to thl. nd be may allow local civil tribunals to take ja. rlsdiotlon of .nd try offenders, or, when In his fadgment It may be necessary for the trial of of fenders, he shall have power to organize military commissions or tribunal, for that purpose; and all interference undercolor of State authority with the exercise of military authority nnder this act ball be null and void." The fonrth section provide. "That all person, put nnder military arrest by virtueof thlsactshall be tried without unnecessary delay, and no cruel orunusnnl punishment shall be mulcted; and no sentence of any military commission or trtbqual hereby authorized, affecting the lite or liberty of any person, shall be executed until it 1. approved by the officer in command of the district, and the law. and regulation, tor the government of the army shall not be affected by this act, except la so far as they conflict with Us provisions: Provided, That no sentence of death under the provision, of thlsactshall be carried into effect without the ap proval of the President." Xhe fifth section declare, the qualification of voters in all elections, a. well to frame the new constitution for each State as in the elections to be held under the provisional government until the new State constitution Is ratified by Congress, and also Axes the qualification, of the delegates to frame the new constitution. The sixth section provides "That until the people ot said rebel States shall be by law admitted to representation Id the Congress of the United States, any civil government, which may exist therein shall be deemed provisional only, and in all respect, subject to the paramount authority of the United States at any time to abolish, modify, control or supersede the same ; and in all elections to an office nnder such provisional governments, all person, .hall be entitled to vote, and Done others, who are entitled to vote under the pro visions of the fifth section of this act; and no person shall be elegible to any office under any each provisional governments who would be dis mantled frpra holding ofllce noger the provisions tu the third article Cf said constitutional amend ment." The duties devolved upon the commanding gen eral by the supplementary act relate altogetner to the registration of voters and the election, to be held nnder the provision, of that act. And as to these duties they are plainly enough expressed In the act, and It is not understood that any question not heretofore considered in the opinion referred to ha. arisen-or is likely to arise in respect to them. Sly attention, therefore, 1. directed to the power, and duties of the military commander, nnder the original act. We see clearly enough that this net contemplates two distinct government. In eaoh of these ten States; the one military, the other civil. The civil government la recognized as existing at the date of the act. The military government is created by the act. Both are provisional, and both are to continue until the new State constitution Is framed and the State 1. admitted to representation In Congress. "When that event takes place, both these provisional government, are to cease. In contemplation of this act, this military authority and this civil authority are to be carried on together. The people in these State, are made aubject to botn, ana mast obey jDotn in tneir respective jurisdictions. There 1., then, an Imperative necessity do define as clearly as possible the line which separates the two jurisdictions, and the exact scope ol the au thority ot each. Now a. to the civil authority, recognized by the act as the provisional civil government, it covered every department of civil jurisdiction In each of these States. It had all the characteristics and powers of a State government, legislative, judi cial and executive, and was In the full and lawful exercise ot all these powers, except only that it vtas not entitled to representation as a State of the Union. This existing government i. not set aside; it is recognized more than once by the act It is not in any one of its departments, or as to any one ol its functions, repealed or modified by this act, cave only in the qualifications of voters, the qualifications of persons eligible to office, the man ner of holdmg elections, and the mode of framing the constitution ot the State. The act does not in any other respect change the provisional govern ment, nor doe. the act authorize the military au thority to change it. The power of further chang lng it is reserved, not granted, and it is reserved to Don gress, not delegated to the military commander. Congress was not satisfied with the organic law, or constitution, under which this civil govern ment was established. That constitution was to be changed in only one particular to make It accept able to Congress, and that was In the matter of the elective franchise. The purpose, the sole objeot of tbi. act 1. to effect that change, and to effect It by the agency of the people of the State, or such of them a. are made voters, by mean, of elections provided for in the act, and in the meantime to preserve order and to punish offenders, If found necessary, by military commissions. We are, therefore, not at a loss to know what power, were possessed by the existing civil au thority. The only question 1. upon the powers conferred on the military authority. Whatever power is not given to the military, remain, with the civil government. We see, first of all, that each of these States 1. made subject to the military authority of the United States" not to the military authority alto- ether, but with this express limitation, "as here a after prescribed." We must, then, examine what Is thereinafter pro Tided, to Hud the extent and nature of the power granted. This, then, 1. what Is granted to the military commander: the power or duty "to protect all per son, in their right, of person and property, to sap press insurrection, disorder, and violence, and to punish, or cause to be punished, all disturber, of the publio 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 mili tary tribunals. This comprises all the powers given to the mili tary commander. Here is a general clause making it the duty of the military commander to give protection to all per son, in their right, of person and property. Con eldered by Itself, and without reference to the con text and to other provision, of the act, it Is liable, from its generality, to be misunderstood. What sort of protection is here meant! What Violations of the rights of persons, or ot property, are here intended ! In what manner Is this pro tection to bs given! These questions arise at once It appear, that some of the military commander. have understood this grant of power a. all-corn-prehenBlve, conferring on them the power to re move the executive and jndiolal officer, of the State, and to appoint other officer. In their places, to suspend the legislative power of ths State, to take under their control, by officer, appointed by themselves, the collection and disbursement of the revenue, of the State, to prohibit the execution of the raw. of the State by the agency of its ap- Tolnted officers and agents, to change the existing awe in matter, affecting purely civil and private rights, to suspend or enjoin the execution of ths judgment, and decrees of the established State courts, u interfere In the ordinary administration ol Justus in the State courts, by prescribing new qualifications for jurors, and to change, upon the ground of expediency, the existing relations of the parties to contracts, giving protection to one party fiy violating the rights of the other party. I feel conffdent that these military officers, in all they have done, have supposed that they had full warrant for their action. Their education and training have not been of the kind to fit them for the delicate and difficult task of giving construc tion to such a statute as that now under considera tion. They require instruction, and nearly all of them have asked for Instruction, to solve their own doubts, and to furnish to them a safe ground for the performance of their duties. There can be no doubt as to th. rule of construe tlon according to which we must Interpret this grant of power. It la a grant of power to military authority over civil right, and citizen, in time of peace, ft 1. a new jurisdiction, never granted be Jure, by which, la certain particulars tuid. lor cej. tain purposes, the established principle that the military snail re subordinate to trie civil aotnority Is reversed. The role ot construction to be ap plied to such a grant ot power is thus stated in lwarrls on Statutes," pnge fl.r'2: "A statute creat ing a new jurisdiction ought to be construed strictly." Ouided by this rule, and in tne Hunt or otner rules of construction familiar to every lawyer, especially of those which teach na that In giving construction to single clause, we must look to the context and to the whole law; that general clauses are to be controlled by particular clauses, and that such construction Is to be put on a special clause as to make it harmonize witn tne otner part, of the statute, so a. to avoid repugnancy. I proceed to the construction ot this part of the act. To consider, then, In the first place, the term, of the grant. It Is of a power to protect all 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 are established by the law. under which these ppople live. It is a power to J 'reserve, not to abrogate; to sustain the existing rame of social order and civil rule, and not a power to Introduce military rule In its place. In enect, it is a ponce power, ana tbe protection nere Intended Is protection of persons and property against violence, unlawful force, and criminal In fraction. It is given to meet the contingency re cited in the preamble, of a want of adequate pro tection for life and property;" and the necessity also recited, "that peace and Kood order should be enforced." This construction Is made more apparent when we look at the Immediate context, and see in what mode, and by what agency, this protection 1. to be secured, lhls duty, or power of protection, is to i e performed by the suppression of Insurrection, ( lsorder, and violence, and by the punishment, i liber by the agency of the State courts, or by mili ary commissioners, when necessary, of all dis urbers of the public peace and criminals; and it I. eclared that all Interference, under color of State authority, with tbe exercise of thl. military au thority, shall be null and void. The next snoceedlng clause provides for a speedy trial of tbe offender, forbids the infliction of cruel end unusual punishment, and requires that sen tences of these military courts, which involve the liberty or life of the accused, shall have the ap proval of the commanding general, and. as to a sentence of death, the approval of the President, before execution. All these special provision, have reference to tbe preservation of order and protection against violence and crime. They touch no other depart ment or function of the civil administration, save only its criminal jurisdiction, and even as to that the clear meaning of this act Is that It 1. not to be Interfered with by the military authority, unless when a necessity for such interference may hap pen to arise. I see no authority, nor any shadow of authority, for Interference with any other court, or any other jurisdiction than criminal courts In the exercise ot criminal jurisdiction. The existing civil au thority in all its other departments, legislative, executive and judicial, 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 ot civil cases, or for the pro tection of such civil rights of person or property as come within the cognizance of civil courts a. contradistinguished from criminal courts. In point of fact there was no foundation for such a frant of power, for the Civil Rights act and the 'reed man's Bureau act, neither of which is su perseded by this act, made am?! provision for tne protection oi an merely civil rights where toe 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 proper officer, of a State, either executive or judicial, or the appointment of persons to their places. No thing short of an express grant ot power would justify tbe removal or tbe appointment of such an officer. There Is no Buch grant expressed or even Implied. On the contrary, the aot clearly enough, forbid. It. The regular State officials, duly elected and qualified, are entitled to hold their offices. They, too, have rights which the military com mander la bound to protect, not authorized to de stroy. We find In the concluding clause of the sixth section of the act that these officials are recog nized, and express provision is made to perpetuate 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 are entitled to vote under the provisions of the fifth section of this act; and no person shall be eligible to any office under such provisional gov ernments who would be disqualified from holding office under tbe provisions ot this act." This provision not only recognizes all the offi cers of the provisional governments, but, In case of vacancies, very clearly points out how they are to be tilled; and that happens to be in the usual way, by the people, and not by any other agency or any other power, either State or Federal, civil or military. I find it impossible under the provisions of this act to comprehend such an official as a Governor of one of these States appointed to office by one of these 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 a military Governor for a State which has no lawful Governor, under the pressure of an existing necessity, to exercise powers at large. The Intention, no doubt, was to appoint him to fill a vacancy occasioned by a military order, and to put him in the place of the removed Governor, to ex ecute the functions of the office as provided by law. The law takes no cognizance of such an offi 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 ja ' dlcial officers of the State. If tbe military com mander can oust one from his office, he can oast them all. If he can till one vacancy he can fill all vacancies, and thus usurp an civil jurisdiction into bis own hands, or the hands of those who hold their appointments from him and subject to his power of removal, and thus frustrate the very right secured to the people by this act. Certainly this act is rigorous enough in the power which it gives. With all Its severity, the right of electing their own officer, is still left with the people, and it must be preserved. I must not be understood as fixing limits to the power of tbe military commander in case of an actual insurrection or riot. It may happen that an lnsnrrection in one of these Slates may be so general and formidable as to require the temporary suspension of all civil government, and the es tablishment of martial law in Its place. And tbe 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 Whatever power is necessary to meet such emergencies, the military commander may properly exerciee. I conline my self to the proper authority of the military com mander where peace and order prevail. When peace and order do prevail, It Is not allowable to displace tbe civil officers and appoint others la their places nnder any idea that the military com mander can better perform his duties and carry out the general purposes ot the act by the agency ot civil officers of his own choice rather than by tbe lawful incumbents. The act gives him no right to resort to such agency, but does give him the right to have "a snUicient military force" to en able him "to perform his duties and enforce hi. authority within the district to which he 1. as signed." In the suppression of Insurrection and riot, the military commander 1. wholly independent of the civil authority. So, too, in the trial and punish ment of criminals and offenders, be may supersede the civil jurisdiction. Ui. power Is to be exercised In these special emergencies, and tbe means are put into his hands by which it Is to be exercised, that is to say, "a sufficient military force to enable such officer to perform hi. duties and enforce hi. authority," and military tribunal, of his own ap pointment to try and punish offenders. These are strictly military powers, to be executed by military authority, not by the civil authority or by civil officers appointed by him to perform ordinary civil duties. If these emergencies do not happen, If civil or der is preserved, and criminals are duly proseouted by the regular criminal courts, the military power though present must remain passive. Its proper function is to preserve the peace, to act promptly when the peace is broken, and restore order. When that Is done and tbe civil authority may again safely resume its funotlons, the military power be comes again passive, but on guard and watchful. This, in my judgment, is the whole scope ol the military power conferred by this aot, and in arriv ing at tills construction of the aot, I have not found it necessary to resort to the strict construction Which i. allowable. What has been said Indicates my opinion as to any supposed power of the military commander to change or modify the laws in force. The military commander Is made a conservator of the peace, not a legislator. His duties are military duties, execu tive duties, not legislative duties. lie has no au thority to enact or declare a new code of law. for the people within his district under any idea that he can make a belter code than the people have made for themselves. The publio policy is not committed to his discretion. The Congsess which passed this act undertook in certain grave particu lars to change these laws, and these changes being made the Congress saw no further necessity or change, but were content to leave all the other laws in full force, but subject to this emphatio de. deration, that aa to these laws and such future changes . might b expedient, the question of ex. pedlency and the power to alter, amend or abolish, was reserved for "the paramount authority of th United States at any time to abolish, modify, con trol or supersede the same." Where, then, does a military commander find his authority to "abolish, modify, control, or supersede' any one of these law.1 Tbe enumeration of the extraordinary powers exercised by the military ooromandeu in some of tbe districts would extend this opinion to an un reasonable length. A few Instances mnst suffice. In one of these district, the Governor ot a State ha. been deposed under a threat or military force, and another person, called a governor, has been appointed by the military commander to fill his place; thus presenting the strange spectacle of an official entrusted with the chief power to execute tbe laws of the State whose authority is not recog nized by the laVrs be Is called upon to execute. In the same district tbe judge of one of the crim inal courts of tbe State has been summarily dealt with. The act of Congress does give authority to the military commander, In cases of necessity, to transfer the jurisdiction of a criminal court to a military tribunal. That being tbe specific author. Ity over tbe criminal courts given by the act, no other authority over them can be lawfully exer cised by the military commander. But In this In stance the judge has, by military order, been eieou ed from hi. office, and a private citizen has been appointed judge in his place, by military authori ty, and is now in the exercise of criminal jurisdic tion "over all crimes, misdemeanors, and offences" committed within the territorial jurisdiction of the court. Thl. military appointee I. certainly not au thorized to try any one for any offence as a mem ber of a military tribunal, and he has just as little authority to try and punish any offender as a judge of a criminal court of tbe State. It happen, that this private citizen, thu. placed on the bench, Is to sit as the sole judge In a crimi nal court whose jurisdiction extends to cases in volving the life of tbe aocused. If be has any ju dicial power In any case, he ha. tbe same power to take cognizance of capital coses, and to sentence tbe accneed to death, and order his execution. A strange spectacle ! where the judge and the crimi nal may very well "chance places;" for If the crim inal has unlawfully taken life, so, too, does the judge. This Is the Inevitable result, for the only tribunal, the only judges, if they can be called judges, which a military commander can consti tute and appoint under this aot, to inflict the death penalty, is a military court composed of a board, and called in tbe act a "military commission." I see no relief for the condemned against the sentence of this agent of the military commander. It is not the sort of court whose sentence of death must oe first approved by the commander and finally by the President; for that is allowed only Where the sentence Is pronounced by a "military commission." Nor Is It a sentence prononnced by the rightful conrt of the State, but by a court, and by a judge, not clothed with authority under the laws of tbe State, but constituted by the military authority. As the representative of this military authority, thl. act forbids interference "under color ot State authority" with the exercise of hi. functions. In another one of these districts a military order commands the Governor of the State to forbid the reassembling of the Legislature, and thus suspends tbe proper legislative power of the State. In tbe some district an order has been issued to "relieve the treasurer of the State from tbe duties, bonds, books, papers, &o., appertaining to his office," aui io pui an "assistant quartermaster of the United States volunteers" In place of the removed treasu rer; the duties of Which quartermaster-treasurer w uuu a uiu 1111,1 u , . 11 vv ui una l uio ucuu quarter, of the district "the same reports and re turns required from tbe treasurer, and a monthly statement of receipts and expenditures; he will pay all warrants lor salaries which may be, or become, due, and legitimate expenditures for the support of the penitentiary, State, and tbe support of the pro visions Stat government; but no scrip or war rants for outstanding debts of other kind than those specified will be paid without special authority from these headquarters. lie win deposit fund, in the same manner a. though they were those of the United States." In another of these districts a body ef military edicts, issued in general and special orders regu larly numbered, and in occasional circulars, have been promulgated, which already begin to assume the dimensions of a code. These military orders modify the existing law In the remedies tor the col lection of debts, the enforcement of judgments and decree, tor the payment of money, staying pro ceedings instituted, prohibiting, In certain cases, the right to bring suit, enjoining proceedings on execution for the term of twelve months, giving new liens In certain cases, establishing homestead exemptions, declaring what shall be a legal tender, abolishing In certain oases the remedy by foreign attachment, abolishing ball "as heretofore autho rized" in cases ex contractu, but not in "other cases, known as actions ex delicto," and changing, in sev eral particulars, the existing laws as to the punish ment of crimes, and directing that tbe crime, re ferred to shall be punished by imprisonment at hard labor for a term not exceeding ten years nor less than two years, In the discretion of the court having jurisdiction thereof." One of these general orders, being number ten of the series, contains no less than seventeen sectionsembodylng the various changes and modification, which have been re cited. The question at once arises In the mind of every lawyer, what power or discretion belongs to the court having jurisdiction of any of these offences, to sentence a criminal to any other or different punishment than that provided by tbe law which vests him with jurisdiction. The concluding para graph of this order, No. 10, is in these words: "Any law or ordinance heretofore in force In North Carolina or South Carolina, Inconsistent with the provision, of this general order, are hereby suspended and deolared inoperative." Thus announcing, not only a power to suspend the laws, but to declare them gecerally inoperative, and as. suming full powers of legislation by the military authority. The ground upon which these extraordinary powers are based Is thus set forth in military or der No. 1, issued In this district: "The civil gov vernment in North Carolina and South Carolina, Is provisional only, and in all respects subject to the paramount authority of tbe United S'.ates at any time to abolish, modify, coutrol or supersede the same." Thus far the provisions of the act of Congress are well recited, What follows is in these words: "Local laws and municipal regula tions not Inconsistent with the Constitution and laws ot the United States, or the proclamations of the President, or with such regulations as are or may be prescribed In the orders of tbe command ing general, are hereby declared to be in force, and in conformity therewith, civil officers are hereby authorized to continue tbe exercise of their proper functions, and will be respected and obeyed by the inhabitants." This construction of his powers under the act of Congress places the military commander on the same footing as the Congress of the United States. It assumes that tbe "paramount authority of the United States at any time to abolish, modify, con trol, or supersede," is vested in him a. fully as It is reserved to Congress. He deems himself a representative of that paramount authority. He put. himself upon an equality with the law-making power of the Union, the only paramount au thority in our government, so far, at least, as the enactment ot laws Is concerned. He places him self on higher ground that the President, who Is simply an executive officer. He assumes, directly or Indirectly, all the authority of the State, legis lative, executive and judicial, and In effect de clare. "I am the State' 1 regret that I find It necessary to speak so plainly of this assumption of authority. 1 repeat what I have heretofore said, that I do not doubt that all these orders have been Issued under an honest be lief that they were necessary or expedient, and fully warranted by the act of Congress. There may be evils and mischiefs In tbe laws which these people have made for themselves through their own legislative bodies, wbich require change; but none of these can be so intolerable as tbe evils and mischiefs wbich muBt ensue from the sort of remedy applied. One can plainly see what will be the lu. evitable confusion and disorder which such dis turbances of the whole civil policy of tbe Slate must produce. If these military edicts are allowed to remain even during the brief time In which this provisional military government may be In power, tbe seeds will be sown for such a future harvest of litigation as has never been Inflicted upon any Other people. There is, in my opinion, an executive duty to be performed here which cannot safely ba avoided or delayed. For notwithstanding the paramount au thority assumed by these commanders, they are not, even as to tbeir proper executive duties, in any sense clothed with a paramount authority. They are, at last, subordinate executive officers. They are responsible to the President for the pro- ?er execution of their duties, and upon him rests he final responsibility. They are his selected agents. His duty is not all performed by selecting such agents a. be deems competent ; but tbe duty remain, with 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 tbe President In the matter of selecting and ap- fiolnllng these commanders, and In tbe matter of heir powers and do ties nnder the law, the act speaks In terms directly to tbem; but this dons not relieve them from tbeir responsibility to the Presi dent, nor does it relieve him from the coustltu. tlonal obligation Imposed upon him to see that all "the laws be faithfully executed." It can scarcely be neoessary to cite authority for ao plain a proposition as this. Nevertheless, as we have a recent decision completely in point. I may as well refer to it. Upon the motion made by the State of Missis. slppl before the Supreme Court of the United" Huites at its late term, tor leave to file a bill against 1 the President of the United Sta'es, to enjoin him against execnting the very acts of Congress now under consideration, the opinion of the Court upor dismissing that motion, and it seems to have been unanimous, was delivered by the Chief Justloe. I make tbe following quota-Ion from the opinion: "Very differentia tbe duly of the President In the exercise of the power to see that the law are faith fully executed, and among those laws the act. named In the bill. By the first of these act. be IS required to assign generals to command In the sev eral military districts, and to detail sufficient mili tary force to enable such officers to discharge their duties under tbe law. By the supplementary act, other dutle. ars Imposed on the several command ing generals, and their duties must necessarily be performed under tbe supervision of tbe President as Commander-in-Chief. Tnedu'.y thus Imposed on tbe President Is in no just sense ministerial. It is purely executive and political." Certain question, have been propounded from one of these military districts touching the con struction ot the power of the military commander to constitute military tribunals for the trial of of fenders, which I will next consider. Whilst the act does not. In terms, displace tbe regnlar criminal courts of tbe Slate, it doe. give tbe power to tbe military commander, when in his judgment a necessity arises, to tike the admi nistration of the criminal law Into his own hand, and to try and punish offender, by mean, of mili tary commissions. In giving construction to this power, we must not forget the recent and authoritative exposition given by the Supreme Court of the United State, a. to tbe power of Congress to provide for military tribunals for tbe trial of citizens In time of peace, and to tbe emphatic declaration as to which there was no dissent or difference of opinion among the judges, that such a power Is not warranted by tbe Constitution. A single extract from tbe opinion ot the minority, as delivered by the Chief .Tustice,wlll suffice. "We by no means assert that Congress can establish and adply tbe laws of war where no war hos been declared or exists. Where peace exists, the law of peace must prevail. What we do main tain Is, that when the nation!. Involved In war, and some portions of tbe country are invaded, and all are exposed to Invasion, It Is within the power of Congress to determine in what States or district, such great and Imminent publio danger exists as justifies the authorization of military tribunals for tbe trial of orimes and offences against the disci pline or security of the army or against the publio safety." Limiting myself here simply to the construction of this act of Congress, and to the question In what way It should be executed, I have no hesita tion In saying that nothing short ct an absolute or controlling necessity would give any color of au thority for arraigning a citizen before a military commission. A person charged with crime In any of these military district, ha. right, to be protect ed, right, tbe most sacred and inviolable, and among these the right of trial by jury according to law. of the land. When a citizen is arraigned before a military commission on a criminal charge he is no longer under the protection ot law, nor surrounded with those safeguards which are pro vided in the Constitution. Tbi. act, passed in time of peace, when all the courts, State and Federal, are in the undisturbed exercise of their jurisdiction, authorizes, at the diicretlon of a military officer, the seizure, trial and condemnation 01 the citizen. The accused may be sentenced to death, nd. tbe sentence may be executed, without an indictment, C,tnVitcgun sel, without a jury, and without a judge. A sen tence which forfeits all tbe property of the accused, requires no approval. If It attests the liberty of the accused it require, the approval of tbe com manding general, and if It effect, his life It re quire, the approval of the general and of the Pre sident. Military and executive authority rule throughout, in the trial, the sentence and tbe exe cution. No habeas corpus from any State court can be Invoked; lor tbi. law declares that "all Inter ference, under color ot State aniuority, Xrlth the exercise of military authority nnder thl. act, shall be null and void." I repeat it, that nothing short of an absolute ne cessity can give any color of authority to a mili tary commander to call Into exerciee such a power. It Is a power tbe exercise of which may involve him, and every one concerned, In the gravest re sponsibilities. The occasion for Its exercise shonld be reported at once to the Executive for such in structions as may be deemed necessary and pro per. Questions have arisen whether, nnder this power, these military commissioners can take cognizance of offences committed before the pas sage of tbe act, and whether they can try and pun ish for acts not made crimes or offences by Federal or State law. I am clearly of opinion that they have no juris diction as to either. They can take cognizance of no offence that bs. not happened after the law took eilect. Inasmuch as the tribunal to punish and the measure or degree of punishment are es tablished by this act, we must construe it to be prospective, and not retroactive. Otherwise It wonld take the character of an ex pott facto law. Therefore, in the absence of any language which gives the act a retrospect, I do not hesitate to say it cannot apply to past offences. There is no legislative power given under this military bill to establish a new criminal code. The authority given is to try and punish criminals and offenders, and this proceeds upon the idea that crimes and offence, have been committed; but no person can be called a criminal or an offender for doing an act which, when done, was not pro hibited by law. But as to the meaanre of punishment, I regret to be obliged to say that It Is left altogether to the military authorities, with only this limitation, that the punishment to be inflicted shall not be cruel or unusual. The military comlssiou may try the ao cused, tlx the measure of punishment, even to the penalty of death, and direct the execution of the sentence. It Is only when the sentence affects the "life or liberty" of the person that It need be ap proved by tbe commanding general, and only in cases where It effects tbe lite of tbe accused that it needs also tbe approval of the President. As to crimes or offences against the laws of the United States, tbe military authority can take no cognizance of them, nor In any way interfere with the regular administration of justice by the appro priate Federal courts. In tbe opinion heretofore given upon other ques tions arising nnder these laws, I gave at large for your consideration the grounds upon which my conclusion, were arrived at, Intending thereafter to state these conclusions in a concise and clear summary. I now proceed to execute that pur pose, which is made especially necessary from the contusion and doubts which, have arisen upon that opinion in tbe publio mind, caused In part by the errors of the telegraph and ttie press In Its pub lication, and In part by the inaptitude of the gene ral reader to follow carefully the successive and dependent steps of a protracted legal opinion. Summary. WHO ABB BMT1TLBD TO BEOISTB ATI0K. 1. The oath prescribed In the supplemental act detlnes all the qualifications required, and every person who can luke that outh is entitled to have Lis name entered upon the list of voters. - 2. The board of registration have no authority to administer any other oath to the person applying for registration than this prescribed oath; nor to administer any oath to any other person, touching the qualifications of the applicant, or tne. falsity of the oath so taken by him. Tbe act to guard against falsity In the oath provides that, If false, the per son taking It shall be tried and punished for perjury. ISO provision Is made for challenging the quali fications of tbe applicant, or entering upon any trial or investigation of his qualifications, either by witnesses or any other form of proof. 3 As to citizenship and residence. The applicant for registration must be a citizen of the State and ot the United States, and must be a resident of acounty included in the election dis trict. He msy bo registered if be has been such citizen for a period less than twelve months at tbe time be applies for registration, but he cannot vote at any election unless his citizenship has then ex tended to the full term of one year. A. to such a person the exact length of his citizenship should be noted opposite his name on the list, so tbut it may appear on tbe day of election, upon reference to the list, whether the full term has then been ac compllbhed. 4. An unnaturalized person cannot take this oath, but an alien who has been naturalized can take It, and no other proof ot naturalization can be required from him. 6. No one who is not twenty-one year, of age at tbe time of registration can take the oath, for he must swear that be has then attained that age. 6. No one who has been disfranchised for partici pation in any rebellion against the United States, or for felony committed against tbe laws of any State or of the United States, can safely take thl. oath. The actual participation in a rebellion, or the actual commission of a felony, doe. not amount to disfranchisement. The sort of disfranchisement here meant is that which Is declared by law passed by competent authority, or which has been fixed upon tbe criminal by the sentence of the court which tried him for the crime. No law of the United States ha. deolared the penalty of disfranchisement for participation in rebellion alone. Nor Is it known that any such law exists in either of these ten States, except per hup. Virginia, a. to which State special in structions will be given. 7. A. to disfranchisement arising from having held office followed by participation In rebellion. This Is the most important part of ths oath, and requires strict attention to arrive at It. meaning. I deem It proper to give the exact words. The appli cant roust swear or a III no as follows r "That 1 have never been a member of any State Legislature, nor held any executive or judicial office In any State, and afterward engaged in an Insurrection or rebellion aratnst tbe United Sta'es, or given aid or comfort to the enemies thereof; that I have never taken an oath as a member of Con- tress of tbe United States, or a. an officer of tbe inlted States, or as a member of any state legis lature, or ss an executive or judicial officer of any 81alg. to support (be Constitution of the United State., and afterward engaged In Insurrection or rebellion agnlnst the United State., or given aid or ccmfort'lo the enemies thereof." Two elrtSfi's must concur In order to disqualify a person unflir these clauses: First, the office and official oath ui: support the Constitution of the iTnimri vcond. engaging afterwards In rebellion. Both iriTS' to work disqualifica tion, and must bappenrfi tn order of time meu- tinnpit A person who has held an-tfcQJc and taken the oath to support tbe Federal Convention and ha. not afterwards engaged In rebellioCnotdisquall- fieri. Kn. Inn. ft roriinn hn hu AflffHir)U.iO rebel lion, but has not theretofore held anoVUisau(i, taken that oath, is not disqualified. 8. Officers of the United State.. As to these the language Is without limitation. The person who has at any time prior to the rebel lion beld any office, civil or military, under the United States, and ba. taken an official oath to support the Constitution of the United States, Is subject to disqualification. 9. Military officers of any State, prior to the re bellion, are not subject to disqualification. - 10. Municipal officers, that 1. to .ay, officer, of Incorporated cities, town, and villages, such as mayors, aldermen, town counoll, police, and other clto or town officers, are not subject to disqualifi cation. 11. Person, who have, prior to tbe rebellion, been member, of tbe Con gress of the United States, or members of a State Legislature, are subject to disqualification. But those who have been mem bers of conventions framing or amending the con stitution of a State, prior to the rebellion, are not subject to disqualification. 1-2. All the executive or judicial officer, of any State who took an oath to support the Constitu tion of the United States are subject to disqualifi cation, and in these I Include county officers, as to whom I made a reservation in the opinion hereto fore given. After fnll consideration, I have ar rived at the conclusion that they are subject to disqualification, if tbey were required to take as a part of their official oath, the oath to support the Constitution ot the United States. 13. Person, who exercised mere agencies or em ployment, under State authority are not disquali fied; such as commissioners to lay out roads, com missioners of public works, visitor, of State Insti tutions, directors of State banks or other State in stitutions, examiner, of banks, notaries public, commissioner, to take acknowledgment, of deed, and lawyer. BNOAoma iv rbublliow. Having specified what offices held by any one prior to the rebellion come within the meaning of the law, It 1. necessary next to set forth what sub sequent conduct fixes upon such person tbe offence of engaging In rebellion. I repeat that two things must exist as to any person to disqualify him from voting: first, the office held prior to the rebollion, and afterwards, participation in tbe rebellion. 14. An act to fix upon a person the offence of en gaging in rebellion nnder thl. law must be an overt and vo."::"" ch twno wiia, ice, intent of aiding or furthering the common unlawful pur pose. A person forced Into the rebel service by conscription, or under a paramount authority which he could not safely disobey, and who would not have entered snch service if left to the free exercise of hi. own will, cannot be held, to be dis qualified from voting. is. Mere acts ot charity, where the Intent is to relieve the want, of the object ol such charity, and sot done in aid ot tbe cause In which he may have been en gaged, do not disqualify. But organ ized contribution, of food and clothing for tbe general relief of persona engaged in the rebellion, and not of a merely sanitary character, but con tributed to enable them to perform their unlawful object, may be classed with acts which do dis qualify. Forced contributions to tbe rebel canse, in the form of taxes or military assessments, which a per son may be compelled to pay or contribute, do not disqualify. But voluntary contribution, to tbe rebel cause, even such indirect contribution, as arise from the voluntary loan of money to rebel authorities, or purchase of bonds or securities cre ated to afford tbe means of carrying on the rebel lion, will work disqualification. 16. All those who, In legislative or other official capacity, were engaged in the furtherance of the common unlawful purpose, where the duties of the ofllce necessarily hud relation to the support ot the rebellion, such as member, of the rebel conven tions, congresses and legislatures, diplomatic agents of tbe rebel confederacy, and other officials whose offices were created for the purpose of more effectually carrying on hostilities, or whose duties appertained to the supportof the rebel cause, must be held to be disqualified. But officers who, during the rebellion, discharged official duties not incident to war, but only such duties as belong even to a state of peace, and were necessary to tbe preservation of order and the ad ministration of law, are not to be considered as thereby engaging in rebellion, or a. disqualified. Disloyal sentiments, opinions, or sympathies would not disqualify, but where a person has, by speech or by writing, incited others to engage In rebellion, he must come under the disqualification. 17. The duties of tbe board appointed to superin tend the elections. This board, having the custody of the list of registered voters in the district for which it is con stituted, must see that the name of the person offer ing to vote is found upon the registration list, and if such proves to be the fact, it Is tbe duty of the board to receive bis vote. They cannot receive the vote of any person whose name is not upon the list, though he may be ready to take tbe registra tion oath, and although he may satisfy them that tie was unable to have bis name registered at the proper time, in consequence of absence, sickness, or other cause. Tbe board cannot enter Into any inquiry as to the qualifications of any person whose name is not on the list, or as to tbe qualifications of any per son whose name is on the list. 18. Tbe mode of voting is provided In the act to be by ballot. The board will keep a record and Doll- book of the election, showing the votes, list of voters, and the persons elected by a plurality of tbe votes cast at the election, and make returns of these to tne commanding general of the district. ill. The board appointed for registration and for superintending the elections, must take the oath prescribed by the act of Congress, approved Jutv 2, leea, entitled, "An act to prescribe an oath of cmce." I have the honor to be, with great respect, Hbnut STANiiKitar, Attorney General ICE COMPANIES. CE! ICE! ICE! ICE! IM'OIirOIlATED 1861. COLD SPHINCr ICE AND COAL COMPANY, DEALERS IN AND Shippers of Eastern Ice ana Coal, THOMAS E, CAIIIEE, PBESIDENT. JOHN CiOODYEAB, NECBETAHT, II KM It K TIIOMAN.MErEBINTEXDENT, Having now completed our arrangement, for a full supply or Ice, we are prepared lo enter Into contracts with targe or small customers lor a pure article, with guarantee of being supplied promptly tor tbe season Wagons run dally lu all paved limits of tbe consoll dattd city. West Philadelphia, Mantua, Tioga, Frank lord, Brldesburg, Richmond, and Uerinautowu. A trial is asked, bend your order, to the Office, No. 435 WALNUT Street. DEPOTS: s. w. corsfb nrnum AN 1"' MTBEETM, 1611BU1W4U1 KOB1II rESMslTfcVAKIA BAIIKOAD ANI M 4MTEB HTKKET. LOMllARV AN1 T WEHT V FIFTH BJTM., PIKE MTltEET WUABK, HVitVHiitt.V. ARCH STREET. 600 600 nirn ' EXtEUion KtrBHiEnAion If THE BEST AND OU ECOKO.HICAI OBIEEITH A PAGE, u no, too ASCII HTBEXT, SPECIAL NOTICES. ACADEMY OF MUSI TUB K1NP.TCFNTH ITBRMRT AD Q II A IS D UUblCAL :KLKiJKATIOrt TABERNACLE BApTist" CtlUHCU BUNDA , H.'HOOL, wnx takk it.ack On THURSDAY KVKKIKU. June 20th, lSfi-S A prugrsmme be. been arranged combining t Killiiwiitv fpkhi rAf, s '1 ho entire school will occupy the platform, And to render Hie following pieces: tlioru....... "The Children's JubMe' Chorus -..."iiicMcl Blbl ( bant .,. Antlphon Utiurtelteaud Cliorus...M..M"lleauiilull,ncl of Hps Chorus "Polar Bt Chorus ......."Work, for tueNlijht Is Coming l iiorus.... ive m nom Churns "llevonri tha HmllliiK and the Weepin Chant... . "Uloria in ICxoelsi Mrs. FcniMTF and Wlss lU.ACKBTjItNE hfJ coiisenteu to sidk the following pieces : . .uu a Backbu , jjueii i ne Alpine MorninR," Miss u. lilaukburne and Mrs. Rrhlnj roio "lArilill Wali7, Mitts W. Hlackbn fTffr'JJtf i"""" oi me JMKhtiugHles"..Mrs. ucnu "Guide me. U Thou 1 1n ? T'T'H'S "'l "' W lkifrTi i' " I n i.hyt, nun' whm ...... .... ......r u . t. . r, y,"'ev noirof 1 HOvrnscle Chu iiy the Chulr of luberuaclo Churl Th Tlrrvirt nf tha Hh mill v , ineKevs. M. u. CI. A UK K, or Chicago' W. BKANTIA. V. D ot Ueorula; and K.C. 1UJDY. V of lluetou (formerly Pastors of the Church), will pretmu and participate in the exerclies. '1 he Choruses will he sustained by the entire Bch accompanied by the celebrated " "IS AT T KHLKK BAN D," 1 heodore Herruian, Leader. JOHN M. EVANS .TZ..... Condurj tickets. M cents, admitting to Paiquet, Panr l!S.lc,,nyi mHy Circle, 25 co..t; mi) proem ed at IrumpU-r's, Keveiub. andCh. snutstrev jqgf REPUBLICAN STATE CONVEUTItf lUnarsBrno, April l. 187. The "Republlf Btate Convention" will niert at. the "Herdlo iioi in WiUU.msport.on WKUKKaDAY.tlTeKth S25 , , . ... . w nuuiinaie a ca date lor Judge of the Supreme Court, and to inn , v " j ."biiiiik nun, canvass. As heretolore, tbe Convention will be couiuose jMjyrtf.emKiive ana senatorial Delegates, chosen the usual way, and equal lu number to liie whol V - y..v.- WViJlDDUUWlUVWI Ul US (Jell Asxembly. By order of the Btate Central rnmmtiiu no, w tt 'WUM.N.chalrmr. J. Rohi.by'iu'nomhox, 'Secretaries. S2Q rXJT TUB TJNDEB8IGNED CITIZENS 1 . luf"L lnBt contributions In aid of the rerere aud Families or the deceased by the PAlftm t.v nn Hnninm tlmal K . . . . . the city. MOKTON McMICliAKL, to bedlHtrlDiJ by tlie tollowlUK CoiumUiee anoolniPd hv him- vt . r r.i.ii. J. KlXJA JOHN F I JOHN O ITT EE. WW. MOK1.ITEAD, D. 11. CUHMINB. FARNUM,' ... . COMM JAUJttd. vvra. i. Misxey, Biimuel Jeani s, Charles Kvans, Quarry St., V. I, BlaHchurd, Edward Paish, B. Morris Walu. Matthew Balrd. Kdward Williams, Hnmuel E. Btokcs, Wm. P. Jenks, Wm. H. King, Ransom St. Joseph T. Thomas, w rn . mii i n m Joshua JLIpplncott, Si Wm II Thntno. Joseph B.Meyers, Aian ooa, Jnhn TTiin.wnrffi ttn it Wortrf IJ i.l .... n VTA. Hugh Mcilvaln, ill win. j, iiorstuiann. KSIT STOCKHOLDERS' MEETING. T v FAKMiKb' AD MKCHAJUW HATIOiN, iSArsh.. Philadei.phta, May 23, 18' A General Meeting of tbe btockholdera of Farmers' and Mechanics' National Bank of PI. de.l'ti'a will beheld at the BANKING HOUBE BATUBDAY, the 29th day of June next, at twif o cioik, noon, ror toe purpose or taking luto const' ation and deciding upon amendments ol the Tli aud Filth of tbe Articles of Association of the i Bank. By order of the Board of Directors. 8 S8 1 JJ W. RUHHTON. J B., Cashle OFFICE OF THE PHILADELPI OAS WOKK8. JuwbI, 18. Proposals will be received at this ollice, No. '. BKVJiNTJI Btreet, until noon or the 1st day ot J ror me saie ro tne umstees or tne miiaaeinnia Works or the Block iu the tiermantown, Ktchmi Aianynnk, ana bouthwailc and MoyainensinK Companies, lobe used as Investments for the BE U K una oi Buiu companies. 4 liu BEN J AM IN S. RILEY, CashiJ Kk5T GEORGE W. FORD. DOCK STRE m one door below Third, collects Bounty, l oivii, nnwuu muu, nuu tui claims againBt the C erumeut. For a sneedv aottiHnipnr.. nni i Fultl), who Is well versed with all the details of business. 6 121 rjZr BATCHELOK'S HAIR DYE. Tl splendid Hair Dye Is the best in tbe wj The enly true and perfect Vye Harmless, Reliable! stantaneous. No disappointment. No ridiculous tt ."o1 vm. j, w w ij , xwiiieuieti me ill enec jsim jjyt: invigorates the hair, leaving It soft beautiful. The genuine Is signed WILLIAM BATCUKLOK. All others are mere Imitations, should be avoided. Bold by all Druggists and funiers. Factory, No. 61 BARCLAY btreet. j York 4 5fmv INSTRUCTION. JHE GREAT NATIONAL TELEGRAPHIC. COMMERCIAL INSTITUTE, TSO. 710 ARCH STREET, PHILADELPHIA, pj The most thorough and complete BUSINESS ( u.uu i M ini; cn i. under the mamojemei thoroughly competent and experienced lustructo now oilers the best facilities lor obtaining a PRACTICAL BUSlNKtJd EDUCATION. Ttally Instruction given In Peurnnnstilp, Mi mallcs. Book-keeping, and Telegraphing, ACTUAL BUSINESS Is conducted upon an entirely new system, an) wuii-u i uimut Gurutuiauu uy lUAiui uuvuiueruu in the country. Btuuenls are taught to be self-re and careful, yet that attention Is constantly k which etUctuully prevents a waste of time and freuuent occ urrence of errors. BUCCEBS!! Sl CCEbBlt SUCCESS !! I We bave now In actual attendance nearly Ct HUNDRED STUDENTS, who will tentlfy to thetf pleleness of our course, and at tbe same time rtt sent the connuence piacea in us oy tne puuuu uiii tne iiiNt three months, buccess is no longer uouui; MEHCIIANTS, AND JiUliNEK JMr-.N in keii Will tlnd It to tbeir advamaKe to call uoon ub for r.l and reliable Clerks Hud Book-keeper.! we mttk. misrepresentations. Tbe TKLKUHA PHIU DEPA, WENT is nnder the control or Mr. Park Bprlug, as a most complete and thorough operator, Is unci fledly endorsed by the entire corps of mauauers Western Union Telenranblc line at the main olli.l thiscltv. Bee circulars now out. Twenty-three iut menu constantly In operation. The beat Teaif alwuvs In attendance. The LADIES DEI A! MEJN'T Is the finest In the country; over twenty failles are now in attenuance. CONFIDENCE We will refund the entire c ft laililftn u. ua.v nnnll fthil niRV hA (liHHaLlHllef) our Instruction alter he has given two weeks' fail labor in eitr er uopuruneiik TERMS. Commercial Course to Telegraphic Course.., JACOli H. TAYLOR, Presid, PARKER SPRINu, Vice-President. 2 11 mwi BUSINESS COLLEG . E. COBNEIl FIFTH AKO ClIEMMBTf ' Established Not. t, I8SJ. Chartered March u, BOOK-HEKPIN. - K Course of Instruction unequalled, consisting of I . i . i ... . , i .. , ,...uu In lft.fi inn I .... . this aud other ciiles, hluinrated lu Falrb;j Book-keeping, which is the text-book of this lis: UUIl, OTHEB BRANCHES. TVWranhlnv. Camnierclal Calcnlattons. Ttn.J and Ornamental Writing, the Hiyber Mai hem J Corieatouueuce, xorjB.ouiuiercialUaw, et- YOUJiU MEN Invited to visit the Institution and Judge or t selves ol Its superior aonolutQienLM I 'lnuiinru ., Plication FAiRRAN KS, A. M., i'rebldv HARDWARE, CUTLERTcl O TJ T L EH A fine assortment of POCK n TABLE l UTLKHV, RAZoios' PAJEit AND TAILORS' bKAitH. KTV Rt "i I V. UK I. MOLD'b I Cheap Bloro.No. iw bouth ten i h iirKe,! 11 g iiirv ukKiia above wMj
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