Opinion of Attorney General Stanbery, Under Reconstruction Laws, Vol. 16 (Classic Reprint)
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| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Opinion of Attorney General Stanbery, Under Reconstruction Laws, Vol. 16 Sir: On the 24th ultimo, I had the honor to transmit for your consideration my opinion upon some of the questions arising under the reconstruction acts therein referred to. I now proceed to give my opinion on the remaining questions, upon which the military commanders require instructions. First, as to the powers and duties of these commanders. The original act recites in its preamble that "no legal State governments or adequate protection for life or property exist" in those ten States, and that "it is necessary that peace and good order should be enforced" in those States "until loyal and republican State governments can be legally established. The first and second sections divide these States into five military districts, subject to the military authority of the United States as thereinafter prescribed, and make it the duty of the President to assign from the officers of the army, a general officer to the command of each district, and to furnish him with a military force to perform his duties and enforce his authority within his district. The third section declares "That it shall be the duty of each officer assigned as aforesaid to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals, and to this end, he may allow local civil tribunals to take jurisdiction of and try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose; and all interference under color of State authority with the exercise of military authority under this act shall be null and void." The fourth section provides "That all persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted; and no sentence of any military commission or tribunal hereby authorized, affecting the life or liberty of any person, shall be executed until it is approved by the officer in command of the district, and the laws and regulations for the government of the army shall not be affected by this act, except in so far as they conflict with its provisions: Provided, That no sentence of death under the provisions of this act shall be carried into effect without the approval of the President." The fifth section declares the qualification of voters in all elections, as 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 fixes the qualifications of the delegates to frame the new Constitution. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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