Newspapers / The Durham Recorder (Durham, … / June 26, 1867, edition 1 / Page 1
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.,'1 -l ,-;,i'n 4 J iJr ' I ' .' Hi 1 1 :. 3.' ; . ? ' iLfcn UNION;, THE CONSTIT 'V'ION AND i' lIE LAlVS TH E -G V A RDI AN S OF 0 UK LIBERTIES.- Vol.XLVII. HILLSBOROUGH, N.' C, WEDNESDAY,, JUNE ; 2G, 1807. , No- 2394. 1 r ;i : r r . m m m avr u m:u ; 1 ca- n any M Kl I Ul 1 Irtfl ., 1)1 . til i: It I (I 11 if ICT 1 (LI ; , i: t- i . K-I ': MiE. "t A M : .-1 4 I . IRS i I I " VI . . 1LJ . I II li 1 .. ,., I r S , , . ... . . i :. : ; : ' ' . - ' - , - - - - i . ) THE VTTORNKY GENERAL'S OPINION RE OARUINO MILITARY COMMANDERS, f . ..' t Waihington, Jane 17, M. : . The opinion of the Attorne Geoeral in rc-aril to the puwn of the Military Com- ! mfodcrs U too elaborate fr tcleSraph, and the reaoning to close , for ijnop-is. Tho ' following verbatim ctlracts cove Vie con clusions VJr V , , I and it impoAiiblc under nc provmons of thii ict to comprehend such an official a k Goternor, of one of these Statf s ap- '. nointcd to office one of thre military toramanderi. Crtainrt he U wot the Oov- ernor re cogniied by the laws of the fctate, elected by the people of the Sute, and clothed auch with the chief executive poer. Nor it he appointed a a military Governor, for a Stale which has no lawful Governor, under the prepare of an existing oece&iity, to exercise powers at larg?. The intention, no doubt, wa to appnt him to fill a vacancy occasioned by a' military or der, an-! to put him in the place of the re moved Governor, to execute the functions of ihe ollice as provided by law. The law Uke ko cogoiau&cc of such an official, and he is clothed with no authority or ddor of authority. , , What is true as to the Governor is equal ly true as to all other legislative, executive, and judicial officer ot the Slate. If the military commander can oust s;c trota his i.Sice, t.e can oost them all. If he can fill vnn vacanct he can fill nil vacancies, and , thus usnr p ill civil jurjsdiclion into his own hands, r the hands uf those who hold their appointments frmn him and suijret it his rower 0: rrniuval, at d thus fru'.ratc the sery right scared to the people by thi act, Certainly this act is rig'trotis eima'h in the pjwtr whitU it gives. Witn all it seven iy, the right t( tlvtting their own cers u anil IcU Uh the people, and it most be preserved. .... I urjt net be understood as Cxi limits to the power of the military commander in cac f actual insurrection or riot. It ' may haj pea that cn iiisurrrctiou in : if these tsuu-s u.y te st general and lormi djble as to retire the temporary sospcu ion of all civil government, iul '.he estab liUmnt of Martial law in its place. And te Mine t:.ii.; u.ay be trar a to bcal d urder or rial in ri'linnce to the ciil gov traimnt rf the city or pLce where it breaks out. Whatever p'mcr is necessary to r.KCt such emergi ncie, the military comm.viJcr r..ay properly exercise. I confine myself In the prop r authority of the militiry com mander where peace" and order prevail. Wlieu peace and orJcr do prevail, it is no? U'al!e to ttpUc the ciil o.Ticer and appoint others in their place under any idea that the military commauJer can bet ter per fern his duties a: J Carry o-U the general pi:rpise of the act br ihe agency ' tl civil fffjcrr ot bit own choice rather If an by the lawful incuov'jents. The act , . give him no riht to resort to such agen cy, but dots giic hira the ngU to have " a . ulHcicitt military furce" t ctiahle him " ta perform his duti;s and cnf.irce his au thority within the district t whith he is assigned. In the suppression of inmrrcctbn and riot, the military commander is wimily in dependent of the civil authority. So, too, in the trial and punishment if criminals and oflYndcrs, he mar supern!e the civil jurisdiction. U'n power is to be exercised in these fpeci d emergencies, and lh.! meaiis are pt into hishsnds by which it is to be exercised, that it in say," a uiIiciMi; mdi. tary loicc to enable sach oPJccr to pet form hit duties and enforce his authorit, and tuititary inhunal ol hit own appointment t try ai"l j unih oCenders. Thcic are ' strictty nulitaiy powers, to be executed by it.il itary authority, not by the civil authori ty or by civil nfiicert sppolnted by hint to I cr for in rrdmary civil duties. If these cmesgencic do not happen, if civil order is preserved, and criminals are duly prtsccuted by the regular criminal 1 courts, the military power though present most remain passive. Its proper function it to preserve the peace, to act promptly when the peace is broken, an J restore or der. When that U done tnd the civil &u thority may Again safely re?ume its func- tiont, the military power becomes again passive, bat on guard and watchful. :: This, in my judgment, is the whole scope of the military power conferred by this act, and in arriving at this construction of the act. 1 have not found itnecessafy to resort to the.strict construction which i allowa ble. ' 'r-"tl 1 SUMMARY. ' " WHO ARE, ENTITLED TO REGISTRATION. 1. The oath prescribed in the upple mental act defines all the qualifications re quired, and every 1 person who' can take Uut oath is entitled to have his name en tered upon the list of voters. 2. The board of registration have no au thority to administer any other oath to the person applying lor registration than ihw prescribed oath ) nor to administer any oath to any other person, touching the qualifica tions of the applicant, or the falsity of the oath 5C taken by him. The act to guard against the falsity in the oath, provides that, if false, the person taking it hhall be tried and punished for perjury. No provision is made for challenging the qualifications of the applicant, or entering upon any trial or investigation of his qua hncaiions, either by witnesses or any other loim of proof. 3. As to citizenship and residence. The applicant for registration must be a citizen ot the State at U of the United States, and .i.ust be a resident of a county includ ed in the election district. He may be registered if he has teen such citizen for a pmod lev than twelve months at the time he applies for registration, but he can not vote at any election unless his citizen ahip l.a then extended to the lull term of one year. As to such a person, the exact length of his citizenship shoul i be noted opposite bit name on the iist, that it may appear on the day ol election, upon refer eocc ta the lit, whether the full term has taeu been accomplished. 4. An uunatuUrized person cannot take ttii oath, but an alien whu has been natu ralized can take it, and no other proof of naturalization can be required from him. 5. No one whu is not twenty one year of age at the lime of remrattuii can take the oath, lor he tuust swear that he has Uien attained that age. G. N11 one holu been disfranchised (r participation in any rebellion against the United States, or lor felony commit ted against the law of any state or of the Uii'ted States, can safely take this oath. The actual participation in a rebellion, or the actual commission of a felony, does not amount to tSislrabchisement. '1 lie tort ut disfranchisement here meant, is tnat which is declared by law passed by compe tent authority, or hich has been fixed p on the criminal br the sentence of the court uhich tried, him for tlie crime. No law of the United States ha declared the penalty ol disfranchisement for partici pation in rebellion alone. Nor is it known mat any such law exist in either of these ten States, except perhaps Virginia, as to which State special instructions will be gi ven. 7. At to disfranchisement arising from having held ollice, followed by participa tion in rebellion. This is the roast important part of the oath, and requires strict attention to arrive at il meaning. I deem it proper to give the ex ict words. The applicant most s.vcar oralhnii as follows: That I have never been a member of any State legislature, nor held any execu tite or judicial office in any State, nd af terwards engaged in an iniurredion or re bellion against the United S atcs.or given aid or comfort to the enemies thereof ; that I have never taken an oath at a member of Com reus ( t the United States, or asanoiTi cer of the United Mates, or as a member of any State legislature, or as an executive or judicial officer ol any State, to support the Constitution of the'Unitcd States, and af terwards engaged in insurrection or rebel lion against tho United States, or piven aid or comfort to the enemies thereof." Two elements mutt concur in order to disqualify a person under ibets clauses t First; the office and official oath to support the Constitution of the United States Second, engaging afterwards in .rebellion. Both most exist to work disqualification, and must happen in the order of time men tioned. .... :.. s , .v. ,; ...... I ! . A person who has held, an office and ta ken an oath to support the Federal Consti tution, and has not afterwards engaged in rebellion, is not disqualified. , So, too, a person who has engaged in rebellion, but has not theretofore held an office and taken that oath, is not disqualified. ! &. Officers of the United States.' . As to these the language is without limi tation. The person who has at any time prior to the rebellion held any office, civil or military, under the United States, and has taken an officbl oath to support the Constitution of the United States; is subject to disqualification. 4 9. Military officers of any State, prior to the rebellion, are not subject to disqualifi cation. . . ,v : - ' v ' .' 10. Municipal officers, that is to say, of ficers of incoporated cities, towns, and vil lages, such as mayors, nldermen, town council, police, and other city or town of ficers, sre not subject to disqualification. 1 1 1. Persons who hare, prior to the rebel lion, been members of the Congress of the United States, or members of the State Leg islature, are subject to disqualification. But those whu have been members of conven tions framing or amending the Constitu tion of z State, prior to the rebellion, are not subject to disqualification. 12. All the executive or judicial officers of any State who took an oath to support the Ucnsiitution ol the United States, are subject to disqualification, and in these I include county officers, as to whom I made a reservation in the opinion heretofore giv en Alter full consideration I have arriv ed at the conclusion, that they are subject to disqualification, if they were required to take as a put of their oCicial oath, the oath to support the Constitution of the United States. 13. Persons who exercised mere agencies or employments under State authority, are not di.vjiliGnl ; such as commissioners to lay out roads, commissioners of public works, visitors of State institutions, direc tors of State banks or other State institu tions, examiners of banks, notaries public, commissioners to take acknowledgments of deeds, and lawyers. ENGAGING IN KEDELI.ION. Uavirtg specified what offices held by any one priot to the rebellion, come within the meaning of the law, it is necessary next to set forth what subsequent conduct fixes up on such person the offence of engaging in rebellion. I repeat, that two things roust exist as to any pernio, ti disqualify him from voting: tfrrt, the office held prior to the rebellion, ar.d, afterwards, participation in the rebellion. 14. An act to fix upon a person the of fence of engaging in rebellion under this law, must be an overt and voluntary act, done with the intent of aidingor furthering the common unlawful purpose. A person forced into the rebel service by conscrip tion, or under a paramount authority which he coi.ld not safely disobey, and who would not have entered uch service if left to the free exercise of his own will, cannoi be held to the disqualified from voting, 15. Mere acts of charity, where the in tent is to relieve the wants of the object of such charity, and not done in aid'of the cause in which he may have been engag ed, do not disqualify. Hut organized con tributions of food and clothing for the gen rrl Belief of persons engaged in the rebel lion, and not merely of a sanitary charac ter, but contributed to enable them toper form their unlawful object, may be classed with acts which tin disqualify. Forced contributions to the rebel cause, in the form of taxes or military assessments, which a person may be compelled to pay or contribute, do not disqualify. Bat vol untary contributions to the rebel cause, . ? . . k..: i even sucn inuireci coninuuuoiiB arise from the voluntary loan of money to rebel authorities, or purchase of bonds or securi ties created to afford the means of carrying on the rebellion, will work disqualification. 10. All those who, in legislative or other official capacity, were engaged in the fur therance of the common unlawful purpose, where the duties of the office, necessarily ' had relation to the support of the rebellion, such as members of the rebel conventions, 5 congresses, and legislatures, diplomatic agents of the rebel confederacy, and other official whose offices were created for the purpose of, more effectually carrying on hostilities, or whose duties appertained to thf ctinnnrtnf tlia roKot iin Iv Li.l vv. vuuac, must uu uum to be disqualified. ! 1 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 the preservation of order and the adminis tration of law, are not to be considered as thereby engaging in rebellion or as dis qualified. Disloyal sentiments, opinions or sympathies would not disqualify, but where a person has by speech or by writ ing, incited others to engage in rebellion, he must come under the disqualification. 17. Tht duties of the board appointed to superintend the elections. This board, having the custody of the list of registered voters in the district for which it is censti tuted, must see that the name of the person offering to rote is found upon the regis tration list, and if such proves to be the fact, it is the dutr of the board to receive his vote. They cannot receive the vote of any person whose name is not upon the list, though he mar be readr t take the ie?is. tration oath, and although he may satisly mem mat ne was unable to have his name registered at the proper time, in conse quence of absence, sickness, or other cause. The board cannot enter into anv innuirr astathe qualifications of any pers'on whose name is not on the list, or as to the qualifi cations of any person whose name is on the list. 18. The mode cf votin? is nrovidtd in the act to be bv ballot. The board will keen a record and poll-book of the election, showing .the votes, list of voters, and lite persons elected by a plurality of the votes cast at the election, and make returns of these to the commanding general of tho district. 19. The bohrd hDoointed for registration and for sunerintendin? the election, must I j w take the oath prescribed by the act of Con gress, approved July 2, 1 SG2, entitled, "An act 10 prescribe an oatn ol onice. 1 nave the honor to oe, with great respect. HENRY STANBEUV, Altiiriuj General From the Wilminpton Journal, GEN. SICKLE'S COURTS AND JURIES. W'c learn from the Tarboro Southerner, that the Court of Oyer and Terminer, held durinz the past week in TarboroVadjourn- ed without trying the negroes, John Tay lor and Jim hni-ht, charged with the mur der of Mr. Cutchin, nn account cf the rul ing of the presiding Judge (Barnes) in re card to the c fleet of General Sickles Or dcr No. S3, in respect to the selertion of jurors, ine counsel lor me prisoners, Judge liiggs and Mr. v. II. johaaon.au- -.1 .k. 1 1 .... . .. w. c . . it summon alt the citizens who were tat pavers. This was declined, but tho She lid was directed to summon from a jury list of tax payers prepared by the proper of ficers. t Upon the call of tho case, the Sim if re turned (hat, as the County Court had not revised the jury list, since the order of General Sickles, he had' summoned only while freeholders. Tho counsel for Ui fence challenged the array and demanded a trial at this term or to be discharged. This point was fully argued by Judge How ard for the State, and Judge Bigs for tht firisoners. The JuJgo overruled the chal enge and suggested that ha would contin ue the cast, if an affidavit was mad a that it was doubtful whether a fair trial could b had from tbt present panel. The counsel for ike priipcert insisted upon a trial, a&d that a venire should at once b formtd from the tax pay in, according ta the order cf Geoeral Sicktri, and dtclined to ask for a' continuant.
The Durham Recorder (Durham, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 26, 1867, edition 1
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