Historical Newspapers of South Carolina

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VOLUME rv. HO. 463._CHARLESTON, S. C., MONDAY MORNING-, FEBRUARY" ll, 1867~ " mjrr* XITTTT* TELEGRAPHIC. Our Cubic Dlspiili-lu?. BADEN, September iv -Tho Marquis La Grange's horso Trocadrro, won ,ilio Kt. Leger slako at Edingen. VIENNA. Soptcmbai f>.- lt ia reported Mint Daron Von Doust ?iii nell tho Austrian Chinch propertv aud par llio accumulated National Dobt. MADUII., Houtcnlber P.-Tho Government bau ordered tho return <>r ilic* RpanMli licet from the Pociiic. LONDON, Bcntembar 0.--Noon_Consola 'jli. V. H. itouds TOj, LONDON, Septouibor fi.-2 I?. M_COIIHOIS 91 13-l?. Ltvnnroot. Saplosnbor C.-Soon_Cotlon steadr. nales 10.U00 bal -e. LivEnrooi, September G.-2 P. M.- Cotton sto? tly. Porl:70i. ford declined 47?3d. Washington ?Vow?. WASUI.NU?HS-, 8?.'plombcr fi.-A 151:1111 encamp inont of National Union johnson men meet lo uight. Tin1 call ia by advertisement. Several prominent men from abroad will be in allomlanec. A lom- column lotter from Genend Sickles to aonaral Grant, will bo published to-morrow. (Hie report ja published 111 lull in another part vt our paper. ) Thu report timi a uharp colloquy tool; p!aco be? tween tho President and General Grant, is ground less. . The United Kialoa Consulate, at Messina oMi uiatcs tho cholera dcathti nineo July nt tXKH). u Hcoma to bu spreading wider, but abating in fatal : itv. Major Kouuoy, ot tho l'on Phil. Koartioy uinusa oro, arrivod after a 8ix months stay. His" opinion is that tho Indiana must bo whipped before wo can have poaco. They And'war profitable. Thor have killed seven commissiouad officers, and 'stolon property or groat valuo in tho vicinity of Port Phil. Kearney. Tho revenue receipts to-day amount to $1140,00(1. Grant authorized the publication ot' Sickles' letter. A knowing go-illouinti mudo a bal to-day, that ibo California Democrats havo elected thc Govtr nor, two Congressmen, and (bat tho Lojislaturo ia Democratic' Authentic reports aro awaited with r?icat uni ?o/y. Gon. Donnlor recoived n San Francisco dispatch to-day, dated ycatcrdav, saving "all right." _ . . :Vortb Carolina Republican Coin cut?an. JIALEIOU, Snplcmbor fi.-Tho Convention rona son*d>lcd to-day. A moro thorough and permanent orgatri^otioti of tho party throughout thu Slate has boon offectod. Thoro was a Htorray morning and ovoniug session. Many KDOOCIIOS woro mndo, chiefly of an inflammatory kind, favoring a pro? scription of rebels and a conllscation of thoir proporty. Marchai Goodloo dofended tho South? ern whites manfully, deprecated confiscation, and warned tbo freedmen of tho dangore surrounding thom. No platform an yet has boen ndopiod, but reso? lutions referring couliacation and kindred actions lo Congress for action woro carried by a tremen? dous majority, timid vociferous cheering. IVJioy meet again to-night. Th? Convention adopted and endorsed the plat? form o.* "to Convention ofthe 27lh Mardi: left confisca Mon to Congress. Moro speaking. Reso? lutions victo passed, rcf|ueslmg tho District Com mand'ir to order a euspousion of Ihn collection of half flio tnxes duo tho.Stntc and County; asking foran carly clccijop, and call for a Constitu? ional Convention. The Convention will probably adjoin n, and thc members go homo to-night at a late hour. A Waterspout In l?clnwnrc. NEWCASTLE, DELAWARE, September 5.-A water? spout, 100 feet in diameter, crossed thc rivor, aud passed north of this town ; loncea and treen wore carried off. ._ Georgia Nowa. AUGUSTA. September fi.-lion. Hill is writing a series, of loiters lo Grant in r?hity to Popo in which ho assorts that no respectable white man in thc South approve:) ibo military bille as constitutional, light, just or desirable. Tho liuoaudid r.ceept, tho candid reject, and none approvo, nil despise. Tim Ant article will appear tn tho Curonicle mid Son Mnel to-morrow and ho folio wed by others. Crop? in Georgia. SAVAATNAB, September 6.-Reporta from tho Sea Island cr;op aro discouraging. From tho South Carolina ctfast reports say that Ibo rain and worm havo made ?jreat havoc. The Georgia coa*)l re? ports sav UutA tho won? lias only appeared on lao Islands." OthAT Islands expect u fair crop. Tho est ?mato of tho .Sea Island crop mndo last wools placo it nt85,000 ?.?al??; I bin week univ ?10,000, The rains continue, liut reporta from -the interior arc favorablo lor a good .yield of Upland Cotion. Tho quality of tho now cotton received so far is as good as usual. No new Sea .1 danit rorciv?:! yet. Alabama Conservative Coiivenlinu. MjoNTOOMEny, September 5.-Tho Conservative Convention adjourned to-day, alter adopting-the following resolutions : ..... The consorvativV men of tho Slate of Alabama, in convention asscmblod 111 the eily ol" Montgom? ery, adopted ns nn oxpresaion of their views tho following resolutions of Ino Stale of Pennsylvania, adopted at n recent convention lil thal f?lale. 1st. The ConHiilntion of Hie (hilton Slates heine, that form of civil ?ovcronionl nfl tab) limed by Ihn founders of tho Union, with such changos as have been aulisoquoutlv mad? therein in tho manner prescribed bv itself, it is tb9 0nly rightful govern? ment, binding upon ovcry inhabitant, ol' all raidis, sexei, colors, age and condition, and it is the duty of each and everv one, without oxcept ?ons nr modi? fications, under any circumstances, to protect and .defend tho same. ' .... 2d. In all conflict of po?vord lintier ihimiislru mont, U10 flttpromn ,'udiclary is Hie only nrbitor which is independent t.'f, and In its province supe? rior to, each or tho oil. eis, and which they aro bound to obov. . ., . 3d. Thc Union of the SU tes ia decided by the war and acccplcd by tho Southern pooplo to bo perpetual, and the authority oj' the Federal Gov ernmont is supreme within ."ts constitutional limits. 4th. Congro63 is not thc Federal Govorumcnt, nor is tho President, nor tho Supremo Court. Tho l c,doi ni Government is thal form of civil policy es? tablished by tho Constitution, consisting of ail throe, each mtproino in ib? own limits, and etch entitled, equally with tho others, to tho loyal obe? dience: pf overy inhabitant ol all thu Stales. 5th. By the Constitution and uiidor tho fnnda mentnl la>W of tho Fcdorol Government which is superior tr) Congress, aud of which Congress it? self is tho creature, representation 111 Cungros-i and tho electoral college is aright fundamental and indestructible in it 1 uaturo mid abiding in ovorv State, hoing a duly as well as a right.'pciM taining to tho j:eopln of overy State, tho donia! of whioh is tho dcHtmctinn of tho Federal Gov? ernment. Gth. Each Slalo, under tho Oonfltitutlon; has thu right to prescribo tho qualideali"ns of its olceUirx. .Tho Consen'ativo mrm of Alabama adopt, as a fur? ther expression of their opinions ami purposes, Ibo follow i m; : 7lh. JReiotwil, That it ia our earnest aim and purpoeo to cultivato rolatiotm of haimony, friend ahip and poaco, between tho races; to deni justly with tho blacks, and to aid and instruct thom in a pro]>er understanding of all thoir duties to them? selves, society mid tim country, and announcn au treacherous und base all attempts nf had men to engender and encourage antagonism between tho races. 8th. Thal wc oro Hie inhabitants of n common country, sharers and oufferora of a common des? tiny, and wo will dooli in our power to instruct pod elevate thc colored raco in ila moral, social jud political rospousibilitics. Qih. That while wo havo much oUarity for Hie colored man, ond fool inclined to look iitdulgontlv and toierantly 011 his prejudices of race, unculti? vated ?vd encouraged ar, thoy havo been by recent events nad by insidious counsels of bad mon, wo appeal to l.'im", by tho common interests of a com? mon country, 10 place his trust in thoso whom he knows to l?e honorable, and to deal cunliousiy willi strangei.8 who bear 110 flvidtlico that they vrcre honored i.'hero they wero bettor known. ?rnm iklobilo. MOBIL?, September 0.-Col. T. TL Shep'ucrd, who was shot at Mount Vernon Arsenal n few wools agobv Capt. Schnff, U. S. A., died boro to-day ofthe wounds ho had received. Capt. Schaff has been 011 trial before a militai v cauimrs.sioii since Mou dav. Tlie examination "concluded to-day. The sentence is not promulgated. Gol. Shepherd was highly respected by Ibo citizens. Slaw Orleans New*. % NEV" OBLTANS, Soptoinbcr fi.-Sheridan issued the follk^winp; order tins morning : H^ATxj?AnTERS fini MILITARY DISTRICT, ( NEW C^ULEANB, LA., Scptombor, fi, 1B07. ( General OroJcrs No. 31. ; . ... In accordai, 60 willi tho mil nit 1 urns contained in Paragraph 1 (.'I* General Ordert No. 1, currunt series, from tho Headquarters of Ibo Army, tho undersigned hcr?Vv reiinquishcH command ol tho full Militar) Diat'r.'Rl I" Hievet Major-Gcneral Charles Griliin. _ " "_"_.,, (Signed,) n. lilTEnLDAN, Brcvcl Ma,'of-Goneral U. ?. Army. Thoro wero 44 deaths fr om yollow rover during the 24 boure onding al ri A. to^ay. . . General Sheridan, mid inoin bora or his personal utaff, left for Fort Leavenworth". H"8 .pv*ung, by raUroad. Tlioy were cscor'.od tb tho uopot by Ibo Mayor, tho members of tho Conn.'" and citizens. Sevoral gcutlomen addrosacd tho G onoral in brief complimentary temi*, to which he. responded, ltesoiutioiis of regret ai parting with him wero road and adopted. (Ino nominates Gen. boondan, Andrew John hon's successor. The Republican, in Hs evening edition, roviKWa the administration of Sheridan, and iironjoance? his civil administration a failure. His conran in regard to Um Jnly riot, city eurrenev and flanllary condition of the uity ls aevcrcly condemned, whifa his military achievemoms are highly extolled. Ktora Cnllfornka. tfiH FBANCISCO, September 4_Tim Pomoorflta havti olectod tho Mayor, and a majonty or tho Legialativo'tlckot in thia city, ileturns from Hw interior show reduced Union majorities. HAM Fn AN CUCO, Beptembor 4-Tho election is progressing quietly. The Domoeratio vote will bo larger than for sotno years. At thrco o'clock HaightWa* ahead in tho city. ? Phelps, Republi? can, ia probably beaton In tho First Dlidrlot. Tho Republicans consider the othor Congressmen oaf*. '. ' ' ./??'A I.:'-'---1 U'..-->?"'. Vi. t(U . . Domestic Mnx lu L. NOOS UISPATCU. XKW VORK, Soptumbur r>.-Stocks steady; except Lrlo, which aro rift. Storting, \ 098i io. Ooltl, 421. 62 Coulions, 114L Flotu- iinsuttied-now 10c lower. \\ heat a slutdo flrmer. Com je botter. Rye dull. Oals a shade limier. Mess Pork ?23 f.D. Lara i tower. Cotton quiot aird stoadv at 27. liupantinj and Hostu quiet. irtMim DISPATCH. Cottell maier, sales ?J00 bales at 27. I'lour ir rogulnr. Wboot active. Mixed com $l.lGjnl.l8. Oat? steady. Houthcra C0aC7. Mess pork ?2S 75. Coffco finn ; other grocorlos dull. Stocks biron'', iiionoy 4aS lior cont. Gold 1.431 ; '02 coupons 1.144. ^ CINCINNATI, September ?_Flour ?it ead v. Com ?1 lOal li. Whiskey steadv. Provisions firmer; salos 1C00 barrels of Mess Pork at ?24-hold higher. Bacon Sliouldors 13j; clear aides 17al7.|; large demaud from thu Weal aud South. Lard 12}. H ALU MOU i:, September C.-Cotton quiot ami lower; no Hales; Middlings bold nt 26c. Coll e o vory quiet and finn. Mont unchanged. Whnat quiet nt piovions ratos. Corn very dull; niles light; Whilo 1117, Yellow $120. Oats loss active, but prices maintained at (>5a<i0. Kvo ranges IVniu $1 30al 40. Provisions vory linn "and advancing. Uncoil close?! buoyant-Hhnuldors'l lc; Oloar Sides 104c; holdors asking 4 higher. Lard and Whiskov uncltnngcd. UomXK, Scptcmbor r>.'-Thu market continued ?lull and nominal; sales ll halos; Middlings nomi? nally 23. Receipts, 82 biles. New Om. LAMS, September .1_Sales -o? Cotton 200 bales-dull and unsettled. Middlings tn nj.v. Ilncoipin 154 bales. Sugar and Molasses unchang? ed. Flour vory dull. Superfine $th$3 25. Corn dull. Mixed $1 20; whito and yellow $1 25. Oats dull nt 63a70c. Pork firm at $20 50 for round lots. Bacon shoulders 144c: olear sidos 18.?alS*c.; sugar cured hams 22?o a23}c. Lard nie. in tierces. Hold -I H;illj ; bte ri in s 53}a5G; sight oxchango on Nuw York J per cent, premium. SAVANNAH, September 5_Cotton quiot and closod dull, with a downward lendenoy; Middlings nominally 244. ilccoipla 27; rucoipts of tho week .182; oxports 2G1; ?tool; 702. Tho woathcr hot and raiuy. Tho btcninor Ariel has put into this port with her machinery disabled. AroirsTA. Scptombcr 0.-Cotton flat ; sab? 2'J halos; Middlings 23a23J. Tlie President and General Sich les. UF.VT?RA?. SICItliKS' DEPKtVOC. HEADQUARTERS SECOND MILITARY DIST. I Cn-U?LESTON. S. C., August 30, 18G7. j (?cncral :-I havo tholiouor, in compliance willa your instructions dated tho 24th inst., to ruport tho facts and considerations bearing upon (ho qurstiou whioh has nrison in North Carolina be? tween tho civil mid military authority ; my report embraces, in accurdanco with your desiro; (lin in? terpretation given by mo to paragraph II of Gcn ornl Orders No. 10 ; also, references to tho Acts of Congress, from which is derived tho authority ex? orcised in tho promulgation of tho military orders i-i quent in n ; and a statement ol aomo-ot* tho rea? sons justifying them. And if thia eommui.?cation shall appear to bo moro voluminous and elaborate than tho occasion soeins to ronniic. my excuse will bo lound, 1 trust, in tho desire (n omit nothing yon might doom osent isl to tho most oxact re? view of nil that has boon done. Tho retasa] or tho Marshal for Ibo District of North Carolina tn give any infonnation about tho process of (ho United States Courts in his hunda, has provontcd Anal action hi Un matter for tho want of i diable 'official data. Although fnr the samo reason this report has boen delayed, no doubt is untcrlainod as lo tho eubstxntial accoraoy of tho information dcrivod from othor sources, mid here? with cotnmuuicatod, in relation to tho process Ute Marshal demands shall bo executed. , Early in (he prosont mouth n communication waa rocoivcil- from tho Marshal for thc District of North Carolina, dated July SO, 18C7, informing im? that Colonel Frniih. commanding Ibo Military Post Of Wilmington, had forbidden tho enforcooiont of an eieculnm issued at tim Juno term of (ho United States Circuit Court. Tho communication, al? though axcoptionablo in tonu and matter, was re? ferred to tho Post Commander for report. Colonel Prank himself,about tho same timo, roportod that ho had temporarily suspended the proceedings of tho Doputy Marshal, resigning aa tho reason for his action that (ho onforcomout of tho execution -,vus bQ?cvcd (o bo in violation of paragraph IT., ?oueral Order No. 10. This action of Colonel 1'rani.'u waa approved, aud ho was directed to ro ,101't all the fact i of tho case, when further in? junctions would be sont (n him. On (ho 17th instant. Colonel Frnnk having re? ported that (ho Marshal was proceeding to enforce His process, tim followinc comruuuicadon on (he subject was, on (lin saino day, addressed (o thu llcmlqunrtots of (hu Anny: ilEADQ'ns SECOND MILUAM DiSTuicr, J CnAULEsToK, S. C., August 17, 18C7. ) Adjutant'Oimrat JJ. 8. Army, Washington, 1). lo'i^t^t?t?r1!i8| WPVai MrclP^iUl^Pf li? Ko) iii Carolina is instructed by tho Allornoy-Oon i>ral to enforce immediately all executions of tho i nit il Ptati H Coutts, and to report (he names of persons oQ'cring obetmcliona, with n view to pro eceil against them under tho criminal laws nf tho I ?mt< il States, and asks for instructions. I c.iu?cl tho Commanding Officer to bo informed (hal on tho receipt ol thc report ho haB been ordered to make in relation ta the pending casca, hu will re? ceive further instructions, and thal meanwhile ho will not permit ihe order or ilooroa or any court IA he enforced iu violation of existing military orders. Thcflo throatn oi (ho Atiomey-Gencral rotated by tho Marshal, aro foreshadowed iu a fabn mid scandalous article on this subject, publisbod. it seems, noi without authority, in the National In? telligencer on Monday last, and to which I respect- , fully ?mite attention. I will reniant (hat tho 2uec(ion now raised in thia mattor is not now. ,ast July (ho United staten Courts in Soul h Caro? lina ordered ino to surrendor four citizens uudor Eentcnco of death for tba murder of three soldiers of tb? garrison n( Anderson Court House. Ire fused, and tho court ordered the Marshal to arrest mc. Thc .caso having been reported td tho Adju? tant-General of tho Army, tho Secretary of War instructed mo not to givo up tho priaonors, nor to n uh m it to arrest, but to lake into custody any and all persons attempting citber. Tho President afterwards commuted tho sentences of these men to imprisonment for lifo, when thoy wore sont (o Fort Delaware, and thcro discharged by a Judge of tho United States Court. If tho United Ututos Courts in tho rebel States bo allowed to control ibo military authorities, tho execution ol' Ibo Deconstruction Acta will, for ob? vious reasons, soon booomo impracticable. Some or these courts will bogin by doc]aring,tbese Apls of Congreve void. (Signed) D. E. SICKLES, Msjor-Genoral Commanding. Ou iilP samo day tho following reply wa? receiv? ed from llw (loncfal-ln-Obicf : WAn DEPARTMENT, I WARFIINOT?H, August 17,1807. j itajor-Oentrai I). E. Sickles, Commanding, dc,: ? Your dii.pntcb of Ibis dato receive:), Follow tho courso of action indicated by you as right, aud ro ?ard my dispatch of tho 18th ss oniiroly wiUf rawn. _ (Signed) U, 8. GRANT, (lon or al. Tho instructions contained in tho foregoing telegram have besu observed. No communication from tho President, on thia subjoct, has been ro? ce ived by mo. Herewith enclosed I transmit copies ot tue several reporta and communications on this sub? ject from tho Foal Commander at Wilmington, tho last of which, bearing dato tho 28th instant, was received on the 20th; also, a copy of tho lotter addressed to mo hy Mr. Goodloo, tho M ?rah al for North Carolina. These papers having been re? ferred to Colonel Dennis, tho Judge Advocate of (he District, for his examination and romarks, I i nspect fullv* invito attention to his carefully con? sidered and able discussion of tho law and judicial precedents beering on the case; and which is also enclosed. My own views upon somo, at least, of the various aspects of the subject will bo found in ibo com? munications already forwarded, and in tho fallon, ing observations : Tho occasion fur the promulgation of Goneral Ordors No. 10, or April if, 1807, ls bri eily set leith ia tho order itsolf, as folio wu : "Tho gems al destitution prevailing among tho population of (his Military District cannot be re? lieved without affording moans for tho develop? ment of their indus.rial resources. The nature and oxtent of tho destitution demand extra? ordin?r/ messures. Tho people are borne dow? by a heavy burden of debt; tho crops of grain and garden produco failed lost yegr; many families havo bean doprivfid of shelter; many moro nocd food and clothing; nsodful implomonts and aux? iliaries of husbandry aro very scarce; the laboring population in nuinorous localities aro threaten crt with starvation, unloas supplied with food by tho government of ibo Unitod Slates; ibo inability of a largo portion of tho peoplo lo pay taxes loaves (ho local nuihorittca willmot ndaquato meanB of rolicf; nnd tho gravity of thu Kftuation is increased bv tho gonoral disposition shown by creditors (o ctiforco, upon sn impoverished people, tho imme duilo collccriou of all ellimo. "To suffer all tills to go on without restraint or rcmody ls to sacrifico tho genorsl good. Tho rights of crediton) shall be respected; but tho op Conl or want and suffering must bo hooded. Moved v Iheso considerations, tho iollotving regula l?ons uro announced: Thoy will continuo in forco, willi such modifications as the opcaslon may ro quiro, until the civil govornmont of tho respectivo Stoics shall Iw established, in accordanco Wi tb (ho requirements of th? gui eminent of tho United S'"Tho Commanding General earnestly desires and confidently boliovos that tho observance of them regulations, and tho cooperation or ail per Hoiii conoorned in employing fourly and justly the advantages still remaining to thom, will mit?galo the distress now OTlsting;and that (ha avenues of industrv, enterprise and organization thus open? ed, will"ronlribitto lo tho permanent welfare, anil fiiinro happiness of tho peoplo." Tho pnrticnlar question now under considera? tion ?risos upon peragragh II of tho order, which io ns'fo'.'owa : . , "II Judgments or dectcos, for tho payment of money, on causes of action arising between tho ISih of December, 18<"0, and tho 161b of May, 1805. shall not bb enforced by execution against the nroi ertv br tho person of tho defendant. Tro ceediiiKs in ?ach cansos of action, now ponding, shall bo stayed; and no uniter process shall be horeufU'T instituted or commenced, for any such causoB of action." ' ' . The genoral timor of ibo order may bo undor abood from three or tour additional paragraphs ; v "I Imprlsonmont for dobt m probibitod; nnles? ibo defonoant, m execution, shall be oonvl?t?d ol fraiid?loot conceahni'nt or disposition of his pro prrtr, with intent to hiudor. Joby .uni prevent Ibo creditor in tho recovery of hi? debt or dornend. And tho proceedings non established in North lind South Cm-olios, respectively, tor tho trial and determination of such questions, luav bo utlopt cd." ?. ? ? ?????.. "V. All proceedings for tho focovory of niaiiov : nuder conti sots, whether tinder neal or by parolo, tbo consideration for which was tho purcbaso of nett roes, are suspended. Judgments or decries entered ol' enrolled for such calinos of net lon, shill nut ho unforced." * t . . ? * * "XII. Thc practice of eat rv inti deadly wca|>o?s, axcopt by olhocrH and soldiers in tho militan- sor vico of tho United Status, ts prohibited. Ibo con? cealment of such weapons on tho person will bo deemed an aggravation of tho offence. A violation of this order will render tho offoudcr amenable to ti ?al aud i un do h munt bv Military Commission." ? * ? * ? * "XIII. Tho orders hoiotoforo issuod in this Mili? tary Dopai tumut, prohibiting tho punishment of climes and offences by whipping, maiming, biuiul iii!,. stocks', pillory, or other corporal puiiishmoul, aro in forco and will bo uboved by all persons." * -* * . . ? ' . 'XV. The Uovornors of North and Soiith.Caro lina shall havo authority, within (hoir jurisdictions respectively, lo repriovo or pardon any person con? victed ond uoutmicod by a civil court,"und to rcuiit tines and penalties." * . * * - # ? .. "VII. In all sales of property ttudor oxooulion or by ordor of any court, there shall bo reserved nut of (ho property of any defendant who has a family dependent upon his or her labor, n dwelling lions* and appurtenances amt twenty acres of land for (ho uso and occupation of (ho family of the de? fendant and necessary articles of furniture, ap? parel, subsistence, implements of trade, husband? ry, or olhcr employment, ol tho valuo of live hun? dred dollars. Tho hamestoad exemption shall nunn only to thc bonodt of families-thal ia to sar, to paront or parents aud child or children. lu other esses, (lin exemption Shall extend only to clolhiug, iuipleinenI s ot trade or other employ? ment usually followed hy (ho dofoudant, of thu value of on? hundred dollars. Thc exemption hereby mado shall not bo waived or defeated by the act of the defoudaiit. Tho exampled proportr of tho defendant shall bo ascertained by thu sherill, or other officer enforcing (ho execution, who shall specifically describo thu same und make u repent thereof in each casu to tho court." It ia proper to remark in passing (hat this ordor, which waa ono of the earliest issuod by me alter assuming thia command, wai, at tho 'time of its promulgation duly forwarded to tho Adjutani (Icnornl for information of tho proper authority ; tho order liss boen in force for nearly five months without any official intimation that its provisions are disapproved. Tho cl largo that I havo mado an ?BSUO with the Supremo Court and hsvo set at defiance, its tlc. creen, ?B utterly unfounded. If a subordinate func? tionary of a court of the United States, whether for Ilia own purposen or thoso of any others, choses ss tooioonto his-functions that cither ho must ho controlled, or clso tho military authority establish? ed hy Congress over (bose States ia|to be dotlod by him, sud thus orought into contempt, tho issue-is mado up ostensibly with a military commander, but in fact with tbe Congress of the United States. Tho military authority in theso Hiatos ia tho crea? tion of Congioss. Tho military forco In theso States is hoi o to ox?enlo (ho laws Congi ess has passed. Tho modes and tho agencies now provid? ed and employed to oxsoute the purposes of Con? gress havo boen approved liv Congress; tho tu thnrity given has boen continued, and tho discret tiou by which that authority was conirolled has been enlarged by n Supplemental Act. It would bo iii vain to charge mo with a want of proper respect to tho Judicial department of (ho government, when to tho utmost possible Unlit to which I could go, I havo exhibited that deference and respect (o it. which I felt that it became all Eersons in authority to exhibit. I have ronponded ero, in my official capacily, (o tho summons of (ho court o'f the United States. I have, when re? quired, respect run y pr .-outed for ?B consideration (no causes and tho' grounds of my official conduct. Aud when ?ts ordor was made to attach my par? son and commit me to tho jsd, I was told, from tho only source through which I could learn the wishes of tho President, not to submit to the ai? rest, but to arrost thoso who would attempt to ar? rest mo. And although tho ordor ortho court for disobedience, to which I was thus threatened, commandod ino to dcliror certain prisoners who had boon tried and condemned for tho murder of Union soldiers under circumstances of (treat ag? gravation nnd atrocity, tho President himself, by a milit?t y order, subsequently directed tho removal or tho name prisoners I rom thc jurisdiction of tho United States Court fer South Carolina. Tho complaint now mado is, that I havo for? bidden thu execution of tho process of tho court ] ol' tho United States in North Carolina; and havo thus set myaetf above tho law of (ho laud. Dit , had is en fairly said that I entertained tho opinion that thc same reasons of public policy which eon i 11 sine.1 me to lietel mino Hie t nile aiid murnini' ill which collect ions of debts should be enforced in tho State courts, should oqually guido mo in (he axer ci HO of a just and necessary. discretion in Uko position would have boon trniv stated. For I do iii inly biliovo that Congress, intending to secure (he restoration of theso States to the Union, mado all oilier considerations subsidiary to (he accom? plishment ol this end. I do not believe that thc procusn of thee Hirts of the United States should override and se asido tho orders Congress bas empowered mc to make for tho execution of its measures. If it was further said, aa it might be truly, mid should bo justly said, that I hadnovt-r received directly or indirectly any intimation that my superior in authority differed with me in (bis opinion; or desired thu measures taken in further? ance of il modified, many ousting apprehensions us to my conduct und motives would bo corrected. If I was disposed to narrow tho ground ot my j .isl incition, it would bo easy for mo to draw your attention to (ho fact that had the Marsha! in North Carolina wished (o secure harmonious action be? tween the military and tho civil departments of Ibo govern nient, it could have hoon easily dono by simply postponing the execution of his process un? til the next term of the court-(ho time whoo, by law, ho was required to uiako his return. This proceeding would have camed with it an acqui? escence in tho authority of the military govern? ment established in tho rebel States, as provided by Congress. Twill not discuss tho point bow far tho civil functionaries of tho United Slates, in view of the groat end io bo accorupllshod, ought to cooperate iu averting tho pernicious cousequeuces to the peoplo of tiloso States, which it was the solo pur po.-o of Ci encrai Orders No. 10 to prevent. If groat public miscuiof iu justly apprehended by means of certain (proceedings iu tho Stato courts, is it not reasonable to suppose that tho like proceedings in tho courts ol' the United Slates would produco tba Sanie mischief? If the evil will come from tho mod? in which tho process of tho State courts is enforced, ?H it not reasonable to suppose that the Uko process in the Courts of tho United States, enforced in tho samo msunor, would pro? duco tho same mischief"/ If. thu public good is promoted and public ordcrsocured by regarding (be limo vthsn process in tho State Courts may be en? forced, is lt too rnnch to expect that the Courts of the Unitod States should co-operate for tho same purpose, hy tho adoption of the sama means ? The Courts ot tho United States oro not responsible for tho means dov?sod for tho restoration of tbcao States. Is it too much to suppose sud to oxpect, that alt courts in this Military District will recog? nize tito autuority and to rospoot tho mensures adopted by thoso who aro obargod with that duty end aro responsible for.the result 7 If the modes I of proceeding in tho Courts of the United States oro, by tho laws ot tho United States, assimilated to those of (oreo m M1" Courts of the State, and tho military commander " of thin District, in the exercise of hU indisputable power and to aooopa plish tho ond of Congress in tho restoration of these States, should modify such modes ol pro? ceeding, c*n it bo supposed that tho Courts of tho United Slates would refuse to modi? fy then i tiles ol'pi ocoil MO in all like cases? If they wcro independent of all modes nf progooqTnf! thoir in the Courts of the State, and could regulate own as they pleased, would it not'even tuon ba a vorv gravo error for a court of the United States to disregard alf co'iaidoratioos affecting (bo peaco and v/clturo of these States, and ovorruls tho or? dors ol tho military commander, charged with the oxcculiou of the measures Congress had provided for tho reconstruction of (lie Onion ? While proceedings in the couria of Micao States for causes of action arising during the robe'lfon aro stayed, once opon wido tho doors of tho" United Sta cs courts in 1 bj* Military District, for snch liti? gation, and who will mark thc limit to fraud and perjury, provoked by cupidity, which will bo in? voked to secure tho jurisdiction of tho fidorfll tri? bunals'/ The citizen of North Carolina, whoso debtor is in North Carolina, has no remedy but in the courts of that Slate. T|io ciiizons of South Carolina, having with eachoiuwtycsnrrio rotation, are restricted olsons to their forutn.'in tho re? covery of whs;over (lioso citizens of tho samo Stales respectively clapp against citizens of the samo Stato, thoy must wait for a certain specified tim o in nomo cases ; in others, until s loyal and legal State government ls established. But Ii' it bc admitted that my ordors havo no authority to re strain (ho nets of thoso who como hero from abroad, (hen the citizen of Virginia crosses (he lino, and sues thc citizen of North Carolina in (bi courts of lifo Unitod States'for that State ? and tho citizen of Georgia cornea into the courts of Hit Unitod States for South Carolina', and docs thi same ; sud if suits can he so maintained againai oitUens, then prosecution can likowiso be main taihoa against ofllcors and soldiers on duty liera and military authority would cease. It ls conceded that ibo military authority li made by Congress supronio, Tf not exclusive, in reg;pl to tho people of tliens two States withil thoir respectivo territorial limits. If porsons un der tho same miUjary government', in their M apoctive states, would osase to bo so in either, bi crossing into tho limit* of the other. I may as what opinion can be liad of tho consistency will which the ju,wer of the govcrnmont'Is thus siter em cd ? .What ctfocl ?I munt produco upon lb peoplo of Hit o? States'lt' jpo' ptain to bs dil cussed ? . Tho remedies for tho redress of pr?vate wrong havo always boen secured. Tho criminal lum diction of die United States has never boen in th slightest manner interfered With. I havo doomc lt my duty to uphold, and'if required, enforce thi jurisdiction. Tho power niven te District Con mandoralsJnleridod to accomplish certain resuli - depending almost GIJnally upon tho control ho ci orciscs and upon the protection ho affords. Thi i protection could not nave boon in spy manni i moro acceptably afforded than by tho measures havo adopted ito -enable' the peoplo to feed at ' clotho tborn??}, os mid to recover from tho o: ; haustiT?etruggle in which they bart been engij I cd. Tho people of those States bayo felt that tin t must obey tho laws of the United States. Thi ? have seen, however, that tbc sam? power whit ' . ; .-..".'.i>^',-'-' ... .. demand* obodioueo omi gtvo, audhus givon, thal protection whi?U has Mauled tketn lo repair, in nomi' degree, their brokuu fortunes V Tho oTrcunislancos ?hlch luil to tho promulga? tion of Gcuoial Orders Ko. 10,'lia vu Hera nhoadv bricily montloned. Th4ro waa prosentod a popula? tion cvorywhuro impoverished, and iu nianv totiu liOH throatonod with starvation. With "tho re? opening of tho civil Iribimala, suits wero com? menced in DOIBnan far oiccediug ?nv that hud over been known. Whou forced to execution, dual procoas was carried to its Mat ami harshest limit, without mercy. Tho oulttvatiou of thu soil, from which alono present n.pport or futuro succor could ho derived, was about to ho abandoned, be? cause ho who would umlortnko its tillago foll thal it woo une: rtaln if ho would bo allowed to hold his land? until hi? crop was mido ; and that ir ho did mako tho crop, hs yielded his labor to anothor who would take tho proceeds from lila family with? out remorse. In all tho dcparlmonta ol labor tho samo feeling of despair waa prodominant. Thus driven to desperation, disorder had been manifested; violence was threatened In rivi! courts and civil nfttcors; tho puhlln peaeo was ex|>oaod lo imminent peril: and a slate of anarchy was im? pending that would luv?o voqutrcd for it's suppres? sion tho (dornest oxercito of military authority. To avort this unhappy condition, Ibo' ovidcuco ?r which multiplied around inc, I felt it duo to hu? manity, ceseutial to Iho attainment of tho objects for which I had boon invested with office and com? mand, and in accordance with tho j II nt ci|icctationi of tho govemmont whoso agent and ofllcer I was, to exercise tho power and uso the authority willi which I had boen clothed. If beyond my own cony lotions ot duty oilier con? siderations wero required, I had them iii (ho ap? plication of tho Govorcor ol Sonlh Carolina, and of loading mon from all parts of thocarolinas, who solicited (ho interposition nf my authority in tho manner indicated, (or tho purpose of giving peace and reposo to communities, tranquility and ordor to society, and thc means of living tn tho population. Nor do I> know, after frequent and careful roviorv of what was thou done, by what conduct I should more justly havo provoked and deserved the censuro of tho govommunt, than, if ', having power tq.provcnt lt, 1 had allowed thc mul? tiplication by thousaods of those who wero (hen with difficulty fed and kept alivo by tho charity of , Ihn (?ovcrutnout. Under mich circumstances t , did interpose, my authority. And to (his extent , july did 1 go. lal. Yolhoso who had already en? tered upon judgments it was said, forboar for < twolvo months to Mtiuvoc milt oxeoutions; 2d. To those who were suingnpon contracts made miring the war, it was said, take no further steps at pres- , mt in tue pi elocution ut your suits; ltd. To thoso , rfhu wera prosecuting claims for tho purchaso noney cf (daves, lt was said,, t hoy aro prohibited; , Ith. 'i'o those who had doma inls upou contracts . nado after tho cessation of hostilities, uo inferonco ', rvan tin cs tone 1 or allo sc,]. j If iiny interf?rence, therefore, is to bo justified, .vhii other, VT hat les* thau was done, could havo , noon donc'.' I If theao orders aro questioned, because of ex- < jedioucy, it ia only uecesaery to refer, in additiou , o what bas been said,1 to the testimony of (he ] Legislatures of thu two Carolinas; thoy 'had ox- . aroused as plainly as (hoy could thoir conviction j if the necessity for such regulations, and so tar as j hov could do ii, had endeavorod to provide thom. | il, how ev er, these orders sro questioned bocauao t >f un abuse of power, or bocauao of an usurpation of i mthority which I did not possess, or bocauao (hoy ^ ire doomed unnecessary, there has boen, as thorn , s now, ample power to cause them (o ho revoked. lu regard (o anotner class of cases to which . tieso orders re?alo, I will not say moro than to txpresa my surptlse (hat outaldo'of these states J hero should bo fouud any objection lo a s(ay of ; irocecdlngH in cases ol contracts made hore dur- ? ng (ho rebellion; (he consideration expressed in. , inch contracta was in currency created to support ? ho r?bellion; tho Hubs hinco of tho contracts was, ' tier, fon', in opon violation of tho laws of the , Jnitod SlateTo admit a recovery according to , hr, tonna of tho contract, was btu to maintain a . lalpablo fraud; and to regulato (ho recovery by < .ny other standard, was lo recognize and adopt it ( a oxprcsBli.g a value, as money, in open disregard . if tho laws of the United Stales. What should bo , lone ultimately in such cases, 1 did not undortako - o de: iii e. What 1 did, was to suspend. tho on*- > orooniont of auch coutracts until tun establish neut ol' a legal civil government. Where both y laities to thoso contracts" romaines! hero during . tu rebellion, they could not complain that thoir c ighta should await the eslablishmonl of av legal , ;ovomment, and such provision as it should moko ? or such cases by legislation. And when either of ? ho parties had professod lo have remained faith- ? ul ui his allegiance to the government of tho . Inllcd States, it would bc difficult for him to show , IOW ho could conslalently or lawfully have been . onnectcd with such a contract. * j In connection with these meaHiircB (o which I ... ave referred, 1 will only add a passing word : , st. Aa to the mader of ball, which had become \. onvcrtod into an eugine of oppression ; 2d. Aa to {' ho process of attaohmout, as it-was known hero. I tid -.vii ich had also IUHMI abused ; ?id. As to juries: I o Stato laws having provided for tho new condi- ; lon of affair*, it becamo necessary that I should _ xorclao tho (rawer I (.ossciiaed o\or tho Stale lawn, 5 > adapt them to th*.te^uiivoients ol tho urescnt. . ribu'nals of the Stato and of tim United States, J hould cease. It could not be pretended that, po-irillv charged to enforce obedionco to Iho laws ? r tho ' United Staten, I could aoquicso* in that, ositivo abrogation ot them, which consisted m j, ot only a disregard but an absoluto denial ot thc n twa wh'ich Congress had passed for tho enjoyment ? f all civil and political privileges, withnnt regard , a casto or color. _ Without tine e orders, let inc ask by wh-t law' a r upon what authority would juries be organ rM in tho courts of Ihe Unitod States? I believe hat tho laws of the Unitod States provide that tho ualitications of jurors, and the modes prescribed Jj jr drawing Junes lu tho com? i 6f tho United J itatos, should bo thc samoa? aro provided.by Un) iws of (ho Bovoral "Slates, and adopted in practico . ii the courts of the Stale. Recent legislation of j ?onerosa has provided new ciuaea of ; cllttllongo, nd (horoforo ot exclusion oi tome who otherwise , rould be qualified lu Barro., Hu", no lair.of too. TnKed Stales, of which I am aware, atnnorized , aries to bo. tirawn lor tho courts of^Gie'it'tilti d ; Itatos, difieren tty from (hat moda whieRVap ivrac iced iu tho eonrt'i of the Stato in obedie'nco'to UnV ,i a,w of tho Ht Itv;; It was therefore, in my vlow, ?{ ssnntiat not only for (hs administration of justice a tho court? of ..the Slate, but ;also in the courts if tho United Stetes, that the ordor In relation to ? aries should bo mid?. j To recapitulate . 1. It is expressly declared bv tho Actiof Oon li esa that tho existing illogal govemmenta in tho ebel Btatos oro subject in all respects to (he mili ?ry commanders of the respective Districts - ? o ' hat there can bo no question that General Orders Io. 10 are obligatory upon tho Sta(ecourts. 2. It has beon decided du ring tho present month - ty the Circuit Court ofthe United States for Si mt li : '"areli II-a, that tho legal relations nf porsons within his Jfilitarv District aro governed- by the regulo- J ions proscribed in Geuerol Orders No. 10, ami I hcretoro Um court rufuaud to entertain, and did ! lot entertain tho suit of .a cltizeit of North Caro? lan against a citizen of South Carulina, for a causo if action suspended by (bb military authority nf ho District Commander, 3. Tho question romains,'whether a person ro- ' liding out of thu Military District can como boro ind by tho procoas of a court of tho United States j inforuo remedies rightfully prohibitod SB to all lersonB belonging within tho District, and which ionfeseodly could not be prosecuted by any party . n the State courts. Unless this .question bo an- , i wore d in tho n?gative, it follows that a stranger mining within this military command, brings with lim righto and privileges not possessed by porsons ' ??sidinghore; and among (l?ese privilogos ia.not >nly an exemption in hts own person from the ob? lation resting npoq all residente to obey tho orders of tho Military Commander, but also tho , jq'wer tn deprive ?ny Carolinian, against whom , inch stronger prosecutes, a demand, of whatever rights and in\inuuitiea may havo boen given or ns surod to tho people of the Carolina? by Genor.il Orders No. 10. , 4, No question or issue has yet risen between . the courts of thu United States in (his Military District and the District Commander. It appears, , bow?vor, that arr issue is invited by a subord?nalo ministerial oWccr. Tho r?gul?t ions prescribed In Ganoral Orders No. 10 have not been considered or passed upon by anv ofthe Courts of the United States, eic opt in (he South Carolina Circuit, where, as has boon soe rv the provisions of (bo or? der were enforced. The only judicial precedent, therefore, ia against, the action of tho Marshal of Nortli Catojini, who pi not even a judicial officer. The process in tho hands of bis deputy was not issued upon any Judgment, decrco or order in which tho court had passed upon the powers, du? ties or orders of anv military officer. It ia to ha proanmod that perfect harmony of action docs exist, and will continue lo oxi-d, hotneon, tho fede? ral Judiciary and tho military awPflmM*, ? ln0 United States in tho Second Military Diatnct. 6. Tho execution of a certain prooeas in tho hands of a Deputy Majshal has been temporarily snsponded; tho mader is held under adviaoment hy? the District Commander until the real nature Rod character of tho procaedings can bo asoeiUinccl by official InvestlHatiqn, ?mi rei.iort, UP0^."^ coming jr? pf auch report, ono ot ?wnl yiowa may bo properly taken of tho matter; tho Marshal maj im allowed lo gp on; farther action may bo defcrTod until the next lerra ff the 0ircr.it Corni in North CaroUna, W?on. cm tho rolurii (h^B Mar? shal may thon mBlw, the (Joiirt*l".dooldo whother or not it will obaerve the regulations proscribed by compotent rotlilaiy authonty; or tho whole subioctmaV borODOrted to theJjj^ for bia further Inainiotinns and ttn?' lll91P??'t'05:o, Commander of tho c vd process In.?noollon, and the 'approval of such action by the lt^O?*?] Commanding tho Dlatriot, thew bas tieqn no hin toSZ o, lotcrferiiiice; an'd this po?nlon inyohOB no nnuanal jltoJMW tho fiarah?l ls noi r*'lnlred J?yJaw to m?*o any ra turn until the next\exm ot lao court. _....,! 7. Although lt m?y bo asaupied Iho Dialnct Commander would, unless otherwise ordered,?on tlnu?Tin fores tho order suspending tho execution of tho procesa in the hands of (he Marshal and all other llko process,' it will bo obstrred that qnes SmTbi* not vet boen' decided hy t},0 JtijbH t%mtna?dsr. 1V?UW te Wj dottnUe action li^ owing i?orofiia?l at tho Mara hal ta give to tho tnllitSry authorflles t ip information in his posea oion which ls easontlal to final action. B Tho caso, aa it now ?tanda, involves tho in? admissible proportion ?hat ony Marshal or Demitv' MaxBlislof a courtiOf the United Staion Hi .. rr. - . _ _l_ Cl<ia maw fitnr'nln RTiTT T\mlWISB that pwoa? bo 6n, Jot tte ?rwit oi a fra^rwon, ox prthWntoWugO^ow of .a MUUary Pogt. or of the >DUtrlot Ootnmandsr} a oonolnalon that Prac?c^ an^nxtU? tho rolUt^y govorrrmont ^ittbuahid by Oongrea* in tho? BUt??, to ?ho, authority amt caprice >>f a subordinate civil I funcliuiiury. J !>. Tin? true intent ind meaning of Ibu H aw rmi i Act;, of Congress for tho government of Iho rebel J Staten in, that in tho ubsoncool all local civil gov- ?I oromont therein, tho paramount authoritv ot Con? gress over them shall ho exercised liv tho' Goncrnl iii-Chiof ot the armies ; and, Miboid'iuuto to him, hy tho General* commanding thu several Mihturv DDtricIs, a? they ?Tara constituted un thc uiini teenth day of July, one thouHond oighl hundred mid sixty-seven, when Iho Ind of the Supplemun tary Acta became a law. 10. It ma not contemplate.! by Congress thal tiny cuurl whatever, held in tho rebel Stile.?, and illili less that Boy Marshal, Deputy Mondial, Shoriff or Constable, ul.ould do or bo iiuUered lo do any net in derogation ot tho ordern of tho Uonoral-in-Chief of thc anules, ur of tho Gonor.ils coiumiindini; Military Districts. Tho Buprcme Court of Ibo United States has i ccenily, inn ?oil known caso, HO construed ils omi mit hoi it \ in refusiiir; tn intel foro with lifo cxciaitiou of the Acta of Congres-, fur tho military government ut lliese Stales. 11. tu June, ISM;, niter the peace proclamation, the Secretary of War, your illustrions predecessor, approved rf my refusal to obey thu niaiidiilu ol' tho United Staten Court lor South Carolina ; and when in consequence ol auch refusal tho court or? dered my arrest, 1 was instmeted to t ike into custody all thu parties who might engage m that proceeding. It did not hecoiiiu amaniji to ex? ecute those instmctioun. Thc uxo.uitive commu nlcation now nientioned ls tho only ono ovei re? ceived hy tho undersigned un thu subject ofhis Ofllclul relut ion Iii tho conrls of thc United States Iii this Military District. 13. The reported remark of the learned and dis tiafraiabetl chief .1 Milco, thal "tho militare uu lliority dnea nol extend in iinv respect lo" tho Courts of thu United Slates," wai. niadu before thu passage or tho Act of Congress uf.lulv lil, 18 VJ, Con? gress aaaafnUed and passed that declaratory Acl in consequence of certain opinions of tho Atloiuoy Goneral, tho highest law ofheor of the Government. And to prevent similar embarrassments to tho ox ovulion of tho Acta of Congress, it wan among lither things enacted : '-That no District Comman? der or nu niber of thu lloaids of ltcgislratiou, or any of theofticcrsor appointee i neting under I bein, shall bu lound iii his action hy any ojnnioii of nuv civil oflicor of tho United Stales." 'Il would hu diffi? cult hy legislativo provision to dcQnu within nar? rower limits tho pr?rogatives of civil authoritv in thc Military Districts. 1?. Tba modos ol procodurc of tho Circuit and District Courts of tho Uuitod states, and tho action of (hair ministerial officers in tho evecol ion of pro tesa, hnvo hitherto, by tho laws of Congress and tho rules of practico proscribed by the Supremo Court, conformed substantially with thc practico and procedure of tho courin of tho State or Teni torr IB which tho rodornl Courts aro respectively' bald. H. Congi eas having substituted military au? thority for that of certain illegal gorornino?ls in those States, it cannot bc doubted that a 1'oderal L'oiirt, sitting.in Ibis Military District, having Ibo [ioucr to modify its own rules, and appreciating the ti no intent and moaning nt the Acts of Con? gress aforesaid, would ?nd in tho exigency which ingrtcstcd tie ?". provisions of elene mi Order No. Il), reisling lo ] mccodhigs in certain civil sci ions, milicien', ground to movo tho court to conform to . tie re;; illation , prescribed iii timi eider, und lliore iy preserve tho harmony heretofore existing he wren tho lt.-.lei al judiciary, thu local coul ls and bo militan uuthunty in tho rebel Stalos. 1">. Dy tho foregoing r?capitul?t ?on, il will bo ippuruul thal no issue exists between the military tulhoiities in this District uud any of thu couru if th? United Simes therein; thai ho emin in this Milu . i y District has rd a ,,sl lo conform to tho nilit II ?' regulations prescribed for thu govern noni of Ibo people flicrcol; Unit the Marshal of .soi th Carolina, ill HO far nu hu claims exemption IB a publie officer, from military control, docs not ipiiear to have, tho sanction ol 'the judicial tribu? ?alo!'which hu IS tho servant ; that t ho action ol he l'est Commander at Wilmington has been con Inod to the temporary suspension of nu execution or thc collection of a debt; that tho District (lom nain1er bolds tho ease under consideration, on the ippcal oftho Marshal from tho acticjti i'd thu Com dandine; Officer of tho l'ose, that tho Marshal, ravins' beau requested to furnish ibo information s ,o;.'.isl to Pu Un i action, refused to give ll, and las pi oc?cdod, in accordance with instruct ions re? ined from ibu 'Attorney-General ol' the United Itatcs. io eui'iu cs tho execution nf tba process of he Court; thal thereupon ibeDiBtrict Coiiirnandor. laving repealed his ordoi to the Commanding Oili? er at Wilmington to slay 'Ibo Marshal's proceed ng? until itu ther orders', reported thu occin renou o (ho General-in-Chief of tho army, hy whom thu Jilli ?ct Command'-1 ba s been directed to follow ho comae of acliou he hod already indicated and > alien; and now, in obedience to the further order if the Henel al-iii-i 'hief ol thu anny, all Ibu pre? ce.iings in (hu cane, together with thu papers rc liing t 'rs .de. ate transmuted, willi Hu- HllgCCrt ions of tho Major-Goncrnl Commanding (ho Dis riirt, for thu review and ttnal action aof thu Guno al-iu-i.1ii.-f. lt has beau my desire und aim in tho measures irovided lor'tim' government nf thu Carolinas lu levise and execute them nilli as much humanity, ?T-tjr.rw'.if.. ; ?>.I o -. n -1. -uti . .-. i u iv nilli .-^Hillel, Hachur?e of tho duties pre.-critie'oV.lor mo hy Con - voss. None of (hu measures I liiivtVjtdoptrd have vcr", HO far aa I know, been disavowed nv tho gov niiuonl. With thu War Doparl nient. Droll that isa been dono in (his Military District tin- loeords >f my oflicu show Uiu must (terreel socoro). Notti? ng lins been ?(QUO of which iuiinndiato und full nloriualion has not nicoll given to tho proper uthority. Nothing has been dono which has nul Iwavs been coiiroi?od as pTOMrly subject lo re iew', moditlcatiou or 'revocation by competent ,u(horitv. Nothing ot all that has been ilonu has iro toked official censuro or elicited any oftlciul uggerdion rcquiriug the modification ol' my or lorn; uud nothing which at tlrat may hnvo M OIMI Mcstiorublrt has failed to receive, official approval flCl a I'llll e x p I ill a I iou nf t he'en emil -d lill ce i -.Idell ed to the MoaSllra. This statement, strictly imo >8 lar au thc existence of thia District is concerned, iiav l.e extended to tho whola pened of time- now omewhat protracted-during which I havo oxor J-jpd command in tho Carolinas, with perhaps tho ugle oxcoptiouof tho following instance: lu 18?G, fi tit a vlow to conform the ponai code of tho rebel 'eiTilory committed to my command lo tho die lies raff bmpauity, aa well as to prevent (he whole IBJO disfranchisement of loyalists, black and white, ittemptcd by certain political managers, I pre? dicted tho puniahmont of whipping as a penalty or offence. This order v.*- suspended by the Ex icntive, but thc law-making branch of Ibo gov? miment subsequently adopted my prohibition. - I havo great satisfaction in reporting that tho unsent condition ol a (Va irs in the Carolinas is one if peace and urder ; of general scour itv to persons md property; of grudual restoration in material vfclfuro; ol Increased comfort and prosporojs iu lustTv; sud that tho people of my District have ison lilied I'rom that deep trionm, iPnlross, and 1 nay wolf say despair, in which I mot them when line d hero III loiiiiiuind. lt in because of this tnprnvod condition of affairs, that Iho execution of ho recent measures of Congress, designed for tho rovornuiout or those States, is proceeding in all ?aspects most satisfactorily. Tho penplo nf the Carolinas aro ut this moment lccomplishing -tho tiret of tho two groat testa vhii b aro presented to them- -registration and ?loctlon-'without (ho alightest show of violence or mimili. A spectacle ia dally presented at tho dif erent pit'Oinets, or men of d?neront castes, and of ill claesoB, placing their names on the registry of rotor?, will mn i strim or disorder, that but a abort limo since would have huon considered aa involv? ing inovitable conflict and bloodshed. ' And, if ox ?sung ordain and regulations remain in force, there aro no BUfitciont grounds to apprehend any surioun interrupt ion of the tranquility, security and order which havo happily boou maintained. And this has been dono aa it could only havo been done, bv thu exercise of military authority. Thu lesson tn bo taught was haid to learn; it ..?oiiM onlv he taught hy military pow or. Tim t, rest problem is fast approaching ita point ion. lu a fow short mo.ilh" uv Weeks tho requirements of Congress will ha\'b boon mot; the votes will havo boon cast; the convention will have met; ?IB re salts announced; and constitutions ' for thcao States widl have been mada in pursuance of thc conditions Imposed by Congress. Tot at no time moro (han the present has the military authority Df the govommontheon moro necessary to secure the peaceful consummation of (he ;,T0at and patriotic, work of reconstruction. And yet at this very timo an heine ia made which introduces wide? spread confusion as to thc rightful character and (hu lawful extent of military authority. Tho work of reconstruction in tho Carolinas has ali boen doini, quietly, without violence, withont the actual oxerclse of force, lt is known tho force is here, ond ? ill be used if necessary. Norean I hesitate in giving it to you ai my deliberate con i lotion, that if civil agencies had beon employed in tho work of reconstruction, or had beon allowed to control tho military in tho measures to be laben, they would have failed; and that failure would have involvod at somo time a resort to mili? tary force-not to preservo order, bat to sui)prcs3 violence; and tho blood BO shed would havo cried out to tho pcoplo upon nhos? soil it had fallen. And when I consider how wido a chasm has been spanned, how much of a seemingly hopeloea task bas been achieved; how little remains to bo dono, to seen'i! vii that a dreadful wai wa i Waged to ac? complish; how near is the appraaoh to a returned Union; and when I realize to myself, that all of this is to bo put to a great peril and hazard by meas? ures whioh threaten to impair tho authority and lesson tho moans of thoso upon whom success or failure depend, I havo only to express, in tbs most respectful manaor, my astonish men t and regret. Ths,t done, and having performed tho further duty of presenting fully in this report tho facm anil considerations bearing upon tho imiiortant ques? tion uow at issuo, 1 shall faithfully obey any urder you may gWo mo. Very respectfully, your obedient servent, . ^ , D. F.. SICKLES. Major-Cioncral Commanding. General U. H. GnAKT, General-in-Chief Armlos ol the United Slab,*, Washington. APPENDIX. intouwnni: xo. 1,1 qPPIOH Of TIlV. (INITKD HTATilS MMISUAI.. ) KAI Kimi, Nosm CUBoi.iMA, July 30lh, 1807. j 7J Ma}or-'atnrral Danitl ?. .9MUi, Comnanittr td Hill tory Dillriet : t Ba :-I bars the honor h> enclose a copy ot an ord? from, one of your iubordlnatc? to my doputy at Wllmtng lon, which forbUU Ui* enforcement of an dccuuonluUM at tho June term of the United, h tates Ctrrult Court. You wlU DoroelTu that col. Frank founds thu ordr upon your ?cneral Onler No. 10, which he aumuiea lo b applicable to tho Couria of tba United State?. In thu Kel aasured that ho U mil Uk tn, ?inca 1 oap u ot auppoa taat you would unaerUke to set asido any law or th KOYonirtent to wttch you Owe aliqgUuc?. I mu atrangU .nea la thU vu? of (bo ca*?, by tba optulon of tba Ohl? Jnrtlc? deliver* J lo ibo Bar tn thia eily, at Ibo optcln of tho Court. ' Yoti'are aware that my duly U tp obey tb uwi of c. ( UL lt? a BUUa, and aa I at the same Um I freud? dc? Ire to avoid, a coll I J lo a, bsrwMn tba Cl rd aa >: '. 1 -....? * . ' ... >. ., ..; . * ..;.'}. \*,t'->r'?i'? Military nullen iii, a i i.n,. illnvie.l my dupuiy lu sm.. peud the caociilioit ul ihr Milt (tittil nm .-au Itu Inloriu.sl ul HIL- la. li. I have tho honor lo be, v.TV*re*|iectlullv, ISlKiuHl.i DAKIEL H. uouui.ni:, V. s. Marshal. 'AOtlloiil copy : I- W. L'LaaCia, A. A. A. llen-ral. TI.NIIil|ls) MKSVa UISJN I.NCI.ml.Hi: s?. Ll A. IIE.I'V'lts, SECOND MIMTAKY UI8THIOT,I CU\iti.?:*ro:>-. s. tiri August 13th, IH'?T. | it. .... tfullj, rwforrol to <...miling OlAotf Pott vj WllluiU'gtou, fi. C., Willi ii. din. li.,:n li, report fully "|, III? nevera! caned i > ? - r i. 11111; in the United Status .'..nr., iu wliirb lio lee, suspi-m I ed SMCUUoil. Ititormatirin is denn ed oslo where anil when thu auvvr ?I ?aimes or action ?rrrii? l-whether thu suttons were for debt or other cause?, when tho suits wero heipm. whuu Judgment wai niven, and when thu final pm? usa of elocution luued. lt lt prcautood the Marshal r.lll (ur,il Mi thu InfoTiiia Voa. as lt may bc obtained noni the Chirk of the Coori A copy of lb? opinion delivered hy Chief Jutllct- Chase lo tho bar, al tho opening ot thu Court which lu refelled to ni UH- r.hblii letter, ls ul ?J do tired. Hy ttOOMMMd IN .Maior-lloiiersl li. R, HIcKLI's. IMHIUNll . J. W. CLOUS. Capt. amii ll. S. Inn.. A. A. A. dwi. u. UE.vDgi'AimMts. POST uv WILMINGTON, i August nth. is j;. i Hoapoetfully referred to Mr. Daniel lt. Ooodloc, Hulled Status Murnini, willi thu rc.pieat that lie will furnish mu Willi tho in |. M mali, io t e. pured. (Signed.) H.T. FHANK. Urt. Lieut. Col. and Capt. Bili btTty Cont'd Post. C. UNITED BTATFH MARSHAL'S OFFICE, I lLl.ltlou, August 'JOth. IS .7. t As 1 runout rccoqnlzo Iho rlt;lil ut' Ibo Military anthon tlua to obstruct or Inquina hilo Ibo nature of the procesa ol Ibo United Slates Court, pul Into my bunds. 1 mie l de? cline to Kivo tho Intermitios called tor. as lo "where and whou tho several cannes ot a lien oernrrud : whi ther the actions wero lor debt or oilier uauaua, w beru Ibo Milln be? gun, whore judgment wm given, and when tho unal pro? cess of execution i?i.1 " Tho address ol HM Chief loathe lo Ibo Uar, waa pub? lished in tho newspapers of Iho si ?to. about Ibo I,.'.!. June, and can doubtless ho round at Wilmington. ISl?iiotll DANIEL R. OOODLOE. Il, S. Me -li i,. i'ur District ol .Vorth Caioliuii I r.MctOMmi so. 'J.J IIDCJ IIH. Mll.lTAHV PO.ST Ol' WILM1NOION. I WtLMINOToN. N. C., Aup.ust ??d. ISfiT. I C'u/it. J. IK. Wo..?, A. A. A. a., Uharlttton. H. 17. .Sta :-I have tho houor to enclose borowith tho letter of MsraUal Uoodloo. which was referred lo mn fur report. Iiiaccordanru willi your suggestion, I referrod lt lo Mr. Qoodloo, who, it will be Been by hu eiidnrsemoitt, de ellnod (inn;, the Information. I hive written tn tba Clerk ot tho Court direct, tor lt, and wilt forward bia re? ply aa BOO? aa received ; Until.mo, bowevor. that (he nen. rut desi rel vals inlortualiou al at carly a day aa pos? sible. 1 called upon Jo.ly; French, Ibu counsel fol-Ute |iiaioU(i' In ons and the principal cato, and obtained irom iilin t ne inil.i Aine, 1 ii ion i en i i ii. \. lneli ls probably at cor? roe! and reliable as can I? .obtained Irom anv other lourve. This ia u caae In which Mull s. l'.odd ol Nu? Or? leans aro ,.lum mis. mut Kabuwcllleo 1 Uros . ul this i Uv irodclcudauia. The uniae of Bellen W a promisor)' nola exeuulud tba I I Ult day of April. IBtlil, lor ono thotiatud nit mino ie,I iud eleven dollars forty-alt cents, at thirty Jars; tho unto wat givou for sugar und luolasar s purchased lu IWi'.'. Writ waa issued S o. ember Mb, 1HG0, to Novetulicr (erm af United Hiatus Circuit Couti, at ltt-.elgh. ii el,, mont wea given at the Juuo (?rut; 180.7. for (wo thou-ami ona., [mildred aid two dollars lorty-aix UOIIIB. principal and I ntortat: coal thirty-three, ?lollara forty-nix uenls. Total imouttl ol e ni ul in i,, i hns. tbouaaud'one hundred aud hlrty-Uve dollars ulucty'-ltvo cenU. M, culms Issued Illly lltli, MOT. i tie el lor e.i "? ilene in which A. S. Mooro Co.. of Ilusi?n, ara plalutiQs, and Ktbnwellluo A* Uros., of thia .Hy. defendants.. Tho l'ullosriitg Information U galntsl rroui thu dcleudaut himself : Thc cause of action ls a promissory note olisul.sl lu bocarty part or 1801, tho elset dato be Cannot i-ive. ..mount nf uolo four hundred aud altueii dollar., el.jlitv ine Batst*. This note was ftiTt? lor niercuauilliio pur -haatsl sometime prut ions, probably previous tu Illili ioceiuber. U?O, though tho milo was etooutcd subie luontly. Kuli begun, Judguaoiit given, aud dual proves* il oxecullon Issued the narnu as In (be Knit rasa. Tm m aro tbe only two cases In wbfch 1 have suspend td action. Tile re aro ?ither cusca in tue hinds ol thu lopuly Marslial. Very respectfully your ubsdieot servaul. |Sigued| ,. H.T. FRANK. Ill Hrh t o ol Col. and Capt. ? t sth. Inrty. CotuMy Poil. )fil=lil : J. W. CLOUS. Capt. ll?tli Inl'ly., A. A. A. U. Il RADL)IIA?: I EUS. POST OF WII.M INO VON. I w tl iiiSM ros. N. C., August 17th. 1?. 7. i ir. J. II. Kr.tr. I> ?>.?>< * lt. .V. .WanAdi, ic,.'..., i,, A*. C. stn:-My s. n.m la suspending, until further orders, bu execution of certain decrees ot the Hulled States 'ourls ht North Carolina, ittiuuploj lo bu enforced lu lolalluu nfOoneral Order No. 10,ni'urrent serte., from bo Headquarters Se.-.nul Mllilary Distri.-t. luirlng been pproved by tho Maior-Ouaeral Cunimanding. 1 aball not i runt, until l re?oive further orders, tbo judgment or ler.roe of auy Oort, lo hu enterco.1 lu violation ot uxlst- I mt orders, nod shall nae thu nucussary iorou lo prewut t. Vu ry respectfully. Your ein ,heul servant, he: m. 11 H.T. r'UANK. Urevut l.t. Col. nitil Capt. Hth lint. Cem.lv Post, i lill.i ii : J. W. ChMM, Ca]il. MIU Ind A. A. A. O. . (K.SOI.OSUIIK NO. ll EA DCjUAltTEHS POST OK Wlf.MINilTON. | Wi r.\t iso ms. H. C., Angil-I 28tb, lntiT. ) '.ijiMiH J. ir. ..'/???.. A. A. A. (j., raaiififwt, s. i,-.. olin,,, to Hie two uaaea r. torr, si to in former leilera; this mina, oj all tho in I. n ni 11 eui 1 lino, or lint I au. alibi I? buiu lu retail >ii to these eases. Very respectfully. I Ji Your ..h.- ,ii, nt an vant. 1 li |Sigited| ll. T. PHANE, li Iron, l.leul.-Colonel un.l Caplalu lilli lui mc . Cont IliailJlUg I'eJl. A. . |"STATKUI:NT."1 ,. H. Moo nt li co., I Aisoplaiicedrawu-I.) nu. n.t. ra. . I stu, I silo, six IIIU.IIUH.r .Un-. cou K.1USW1 ii.nt'. I Amouut, SHS Hi. .Sued to No UNIKL K-?UNlil:ll.lK. J vomiter Term of U.S. Courl, IStili. .ludgmaut lb. rein ll. S. Court, I&C7, aud en . nlion ao onliugly. ) Note given New Orleaits, La., II.LL K ?OW, I M.ni Mil, luit, lan i > days arter rr. ?-dato. Amount, SICH ?6. Hued UittEL KSHNWCILEE. I to November Tenn II. x. Corni, I at nalolgb, N. 0. Juilgmuul therein Juue Term U. H. Court, l?fl?, and xecutiou accordingly. RALEIOU, NOHTH 0A11OLTNA, ( A On in Judi, 1-6 ,. I Itf. ?. T. Frank: Dein Sra :-Enclosed please lind autcmont aa called ar In the WUmtagton cases of execution, now io eoutro ? r?v Mr. ItiddlcVs' ob se nco prevents Un lucloaing thia ilroitlf, out the lacla arc aa'glvan. Hopiog it may auawer your request, I am, your obediant aervant, (Signed,) N. P. OLD, For N. J. Rromcc, Clerk ol' TJ. H. Court. Headquartera ad Military District. Uncial copy. J. W. Cloie.. Captain ??lb Infantry. A. A. A. fi. (fVotii Iht Itittrigh H?i/isltr.\ CH IEE JUSTICE CHASE IN lt ALE I ll ll. Itu r om, June 0. 1807.-A large uinuber ot tho moat llsllugiilalted tuumbora or thu Har ol this Stale, wore tresant at the opening of Ula Uulteil States circuit Jouit, which took place lu tho Bo ratio Chamber thia norning. Before proceeding to business. Chief JuaUuo Jbtsa m Kio tho following minarka : /Varft'donert and Gentlemen of the ll ir .--Ucforu yro reedlog to tho regular busluosa I think lt proper to ad lroas a fow obacrvaliona to you. For moro than four ,'r-irn tho Courts of tho Union were excluded from North 'tarollaa by the rebellion. Whoo activo hostilities ceased iu ISM, tho national military autboriUoa took tho place af all ordinary civil Jurisdiction, ur control!od Ila oxor :lso. All Courts, whether 8 la to or national, wero aub ; ruinated lo military supremacy, and acted, when) Ibey acted at all, mador auch limlutloaa, aud m auch caries as tho Commanding General, under tho direction of ibo President, thought flt lo prescribe. Their proceas night bo ?Usrcgarded and their Judgments and Accrois act saldo by Military orders. Loder thone :lrcumslancea tbe JuaUcea of tho tkipreme Court ibstalnod from attending the tire alts which included ba Itmiraent Slates, their pr.souru being monees ttry, as lue DUI ri cl Judges were fully authorized by law to bold the Circuit Courts without the Jnatlcca i af tbe Supreme Oourt, aud to exerclso runaplete lurtsdlctlon in thc trial of all criminal and almost aU -int cases. Their attondanru waa uiiueccatary for mother reason. Tho Military trlbuuaU at that thaw, ind under exlstiug circumstances, were competent to tho I cxercUe or all Jurisdiction, criminal and civil, which Mlougs, nader ordinary circumatanres, to Circuit dourta. Being unneceaaary. Hie Justices thought that their altcudance would be improper and unbecoming, rhu j regarded aa unfit in Haell, and aa Injurious In many rraya lo tho public lntcreats, that thc blgbeat officers of he judiciary Department of the Government ahould jxerciie their functions under the luperrurton and ron trot of tho Executive Department. At length, however, the military control over Ibe civil L :ribunaia waa withdrawn by tbo President. Tbo writ of I , Habiai Cm pur, which han beuo auspended, waa reatored, ' ind militai y authorlt7 in civil matter? waa abrogated, rhla waa ?? ti feted mm al iv by Ibe procUmatlon of April, ind fully by that of August 'JJ, lbtkl. That proclama.iou .elnatated tho full authority ol the National Courts In aU mitlers within their Jurisdiction, and tbe Joaticea of the Supreme Court expelled to Join tho PUtilet Judges in holding the Circuit Oourt during the interval between tho tonos at Washington. On the 23d July,' 1866, however, au Act of Congress re? duced thu number ofthe Circu? ta and changed materially Ike Districts of willoh the Southern circuito were cam prUed, without making or providing for an allotment of I the members of the Supreme Court to tho new Clrculta [ and, without mich allotment, the JuaUcea of that Court L have no Circuit jurlulloUoo. The effect or Ibo Act before waa lo anispond the authority of JuaUcea to hold tbo Cir- f cult Courts lu the altered Circuits. Thia auspeutlon was removed by tba Act of March 'a.I. 18(17, by which a new allotment waa aulhorlxad. Under thia Act tba JuaUcus of the Supreme Court have again been ?asl(?neil to circuit dulles, and the Chlel ,1 nabco has been allottod lo bold, with the Diatriet Judge, tha national courts in tho circuit of which the District of North CaroUua la made a part. 1 am hero, therefore, to Join my brother, tho District Judge In h.liding tho Circuit Court in this District. It ut the Brat Circuit Court held In any District within tho insurgent Hutes ut which a Justice nf thobuprcmo Court rould bo prosont without disregard of superior duties at the aeat of govornment er usurpation of jurisdiction. Tho Associate Justice* allotted lo tho oilier circuits will Jula lu holding tho comt? at tho regular llmea pro? scribed by law, and Ilma Ibo national civil Jurisdiction will lie fully reatored throughout tho Union. Il la Imo that mllilary authority U aUH eterclaed within thees Southern Circuits, hut not now. aa formerly, in conae queoee of tbe dlaapprarauco of kval authuiily. Il la now exercised only to prevent illegal violence to persona and property, and to facilitate the restoration of every SUte to equal rtghla and benaflU In lbs Union. The mlllUiy authority does not eilend In any respect to tho Couria of the United SUtea. I<et ut hope that hence? forth neither rubeUlon nor any other oocaaloo for the as? sociation of any mUtbtry authority over courts ot luaUoe will hereafter suspend tb? dus com so of Judicial ad? ministration by the national tribunals In any part of tha j Republic. ItscLoauiia no. Ll i .. BX TXLcoasrn. " J HEADQU'RH, SECOND UILlTAflY DISTRICT, 1 RtOSiVaTD Cnuii-is?CM, B. C., Aagnita7th, 1867, 1 Faoil WiLUi.'.oxoa. Noami Caiiomu, Angtiat ailla, 1867. J del. J. IT. Clout. A. A. A. Otn'l, Otarbtten. 8. C. ?Jonueel for defendant lnlorma me that, at Judge (Jhaao atated. mlliury ordors did not apply to bis Court-Or? der Nam ber Ten (10) waa not plaided-ha t jp pening it td ?.'.??;<!.",' ' .'': " '?'' ' . ' ''''. ''?' i"' o lie ll-iloja I? Intervene military orders dccUred lu Le. . . opi<i.iilvc IM-I'OU- Ilsa! tribunal. Tho nota lilllie casi ?hriv Mount ti Cu., waru planum , waa Jaltsl Deeann. I HluvitMUilN |lll|. rii-uim-u iinii.ir,-a mid ?Uly (lWHJ), liMgwid] lt. L. FRANK, IIVl, M.nil Cul. i'."" I . OmuiU Ow? ; -J. W. CLOU?, A. A. A. Qou'l. Til? billowing i H 11 r i.11.11:111 wa* placod upuu Ul? lOTl' ?.?ni? dociiinclil. : UuapectTuny r. i ,rr..<l io UvL Col E. W. Dawna, Ju Jg ?.? Ailvc. itc, vii Military District liv emmi uni i M sj or-ii ci ic ral ?. ll. SICKLE j. J. W. CLOCM, Capt. -Jilli loft., A. A. A. Qea'L (KSCLlMltllE NO. fi.I lll.vrQl'AitTEilS. SD MILITARY DISTRICT.) ?lunoi: AuroCATkiS Ornea, \ CIIAKLKHTON, H. C.. August 27,18G7. I Ciptain J. tr. Ww, ArMny Atft Arljutnnl Wen-ra': I'AITMS - ?I'lii' i.ii.i, i, uni!..- tn matt o of tho rciussi ol ibo Ibitttu stiles Marshal for North Carolina, to con lor-ti lo i, '. ' 111 ' i , i., ll raridad liv ihn ordor or Ihu DUtrii . I .'um io j od er, respecting lilia! precast in certain casca .1 the two staid c<KU|irbiUig ila* District, ntarrad hi th. . ollie? lur remarks, uro rcnprdiuily letiiiiied. li ani?ara Uni at UM Ca?! .lune Turin ul til . Cu.. ? State, l imul ?Muri lur Iii? North cn,,Hui nun ni lodgment ?.w rendered lu laver of cerUlu plalntlrTS, elli? aweu ul Louisiana, against certain defendants, rutzous m North larolini. omni U promlsory noir uk April DU?, ISt'.-.', far gooda ?old In tliul yttar. Execution hsvingbooi UaUed In Hie Marshal, lils proceedings tbercou ?,<,v stayed by Ibe I'm! Couiutaudvr. In puraumee ?r l'ara Rraiill II. of (Hun-rat Or.lur-i Nu. IO. trout these Uoadituar lers, .111.-, I April lilli, lHfi7. a copy of willoh, and ut dir prcanililjKi'tiiui' turill Hie grounds thereof, U ai follow,: Thc general destitution ]iroralllug among Ibo popula II011 "1 this Military District cannu! bo rolloved wltbuut ullorduig lucana tot lliudov.ttopuiciil of Iholr industrial ri sOiiiv.-.--. Tin- nature and extent ut tho destitution demand exlraurdlnary mensure?. Tue people aro torn* duwil lt) ii heavy burdell o? ilpili] Ibo crop*of grain mid itartkn produce lulled lau year) nany families baw been dopriti-dol sheller: many moro noed food ?lui rtotltlug; melun Implement* and aiiitlllarles of hus I,amii y mit very scarce; Ibu laboring population* mm. meron* lurallllrt ato thmilenixl willi oUrvallou, ?nica, supplied with food by the Oovoruninnt of tho C?nica States; Hie inability Ul a Urgu portlsn of Ibu pooplI lo pay tax"? leaves Ibo local autborlllet witliout adequatu nu JIU m relief; an,I ibo gravity of Ibo situation ti In? creased hy tito gemu ul ,ln i .a ot nm thovtu by creditors la LUforce, upon au linpnver.shcd peupla. Ute liurufsViatj collection of all claims. To Minor all this lu go un without 1, ut.mt ur rain . l,, li lo sacrifice ihc guners! good. Tba rlgbu of credltoi 1 nliall bc respected; bul tia* appeal ol want aud suiTerlui. must I* heeded. Moved by Huiao cunsldcratioii*, lb? i..l!"t?tti- 1,-. nisi mini aro announced; They will roil linne tn loree, willi such tuudtUcattoni ai tho occasion way require, uulll tliocivll government of the respccllyj HUI01 shall bo established, lu accordance wUh lb? ru i|Uirutnciit*o( Hie (hivomnionl of tbb United HUtoi. T?.0 i.'oiutnaudlng Clenerul earnestly desires, and con rcI, olly believes, Ibat Ibe observance of these rcgulj li..na, un.I n,c rooporalion ol all iirrioni concerned, in .-a i ploy 1 m; Uirlv and juilly Hie advantages nilli rennin au; to Un ni. ?ill luiiigatu tho dlstrass now oxisUog; ?D I licit tbs ..vt nu, i 01' induatry, enterpriae, and organlxx tiou. Him opencil, will contribute to tin, permanent ?rol? ara and futuro happiness of (ho people. IL .Iinlgrncnti or decrees for tho payment of money oa .>i...,. ol ?.-1 iou urning between tbe 191b ot Doccrabor, . I SCO, sud Hu- I un May, I BOS, shall not bo onforcid by.' ?leonine, against Hi? property or the person of (ho du ena o it I'roceedlnrta In auch cauaes of naloo, now iee (tlug, shall bu clayed; and nu still ur pt uro..? ?ball bj icrcalter in ,tunic 1 ur cuniiituiicd.t, lor any auch cai. a.-1 il uenoo." Tbo Post Coiuiiuudrr w.t. iuitnicted lu pr.m lavy iud sale, ail I dbl no. Tbe matter Rts'tiis lu have h,:cu roporled to Wasbiu^ uu, aiidccrlaitidcuKitcbbs bava pained botwaon the Oou ? ral io ( inn. and lbs Major-tlnueral eoutuiandliig Ibis no 1 iel. whorvby Hie latter. Ihoitgb at Ural directod to ixunqit thc 11 ni u cl Halal Court prucoaa from Ibo said ?riler, bas been suhnt'ipu-ully atitboriaed to pnraita tba .our ic originally adopted. . ' Me union , (bu pro-ess In Hm bandi of Ute .Mir Ca il U ar, p.on i, .1 by Hie I'.i.t Com wander, by force. Itt Ibo conflict of authority wblcb la bruuttbt tu au a^iie by the prurL-editigs that barn been aboru recitad, nie Mile ur tba oil..a- must prevail. La?, juaUco andex icdirncy i all lur ttio rccojiilUoit lu ona by Ibo other ami ?y all Ibe world, uf paramount ]<nwur. Eilbor tba Hilli? ary must {?Ive way, ur tbe Marshal yield. If Ibo Com Handing d?lierai slionM bo comncfleJ lo submit to ba vermied, Ibu results which ?mild follow would be (wo? uld in th, ir beariu,'. aitectiujj tba people ol (hla DUtrtcl n the our baud, and on ibuutnur, involving rar mu true rn,", lpn ie-, . of tba craven moment, aa regards thu eueral admlut^truiioii of Ibo reconstruction enactments 'llio InitoedUlc practical elfect of allowing thu partlcu ir order or ibe Commanding (louerai tu bo annulled, i eply concoma the iieuple, ?hoi? welfare and proaporily i- properly drem* it bia high duty lo couault, wbilo xerolnitig tbo fnucunui with which ho U animated, lu tie exocudon of Iba Ads ol longrcu. Those people, tillering nuder cnuullesn ealatultlea. which, though en? tiled by tho wicked fully of some of them, arocalamltua hal no patriot eau doalru tn Me aggravated or prolonged, ailed with universal ssttafisUou the rollet afforded by lu, edict whicli bide Ibo rolcntloaa creditor aUy bi? .and. Clti/.cns of .,11 putin, and ol overy calling du cruel In thc cireuiuaUiicci uudor wblcb Ibo debU stn. tended were contrHctoJ. coiivluclng reafoua for ro? iling (hu rlgur or the t.cb tuan's remedios. Tba lopitlarily or tho insecure was abowa by tbs raver wu . eli ?di ll waa received. Its ? ?H.. benoflcenpu U demou' tralee) by lu uiierallmi, which bas becu an unquiUflcd lacCtMia, ir lt nu now ilisrt-garded In tho United Mata* ?.un i ., snub mi uveut nrudiicea either tba groaa lnjuallca fpcrutilllng nuu-reiident crciUtorsto bara the advan iga of Hu.' iixeluslvu righi lo swallow up tho anbaUnra I' iiof.it i o niue itel nora, wliiUi Carolinians cannot cotlucl mm each other, or else lt rendent necessary, lur unifor? mly and Impartiality, (bo abrogaUon ol th? prdur al to? ot he.-, and (ho precipiUb'ou ui-uu theso people ol tba vila her.doiorc averted. Tho recUion of Qonoral OrdorK io. IO would UH willi blighting force upon the Carolinas. lit?rltW .td. in calatea broken up and ?old at nominal rices; in labor disorganized; lu unsatisfied, prodigious iitbjmenli, taad!u;< Ibo dockets; and In tbo dejertea corni ?nene-, ur hundreds of uubappy families, confronted al ut willi Ilia boroo! s of a winter ol famlna. In Ibo prexcucc of c mi- uh rat ion a auch aa Ibo forogclug, L Hivma wry plo ol > (ba duly u! thc Cumtnandlng (jee? ra) not only to exert all bia power* to maintain a rule, lie reversal of ?hieb would bu so niainlMtly Impolitici nd iraught with ouch dUaalrous consequences tu tba shah I ia fus of tho 1 nm m I cou um i toil in blagovernmetu; ut also, lo lay onere bu un p. clor, (in tlunaral-ln-Cbldi. tia reas.ne. which abaulj dissuada from ?Ups ttnlnluu inn illy hut m . .aah,,h- Itti-vilably leading to tho bitllc lon m io much mi tro: lu,: and PO tuuub wrung. Uni there Ia another view of thia subject, or even groat - r IIOJIOI linee, liccatise lt concerns not only local but eir ral ?mol?-tis, What bxs been presented In tho un edituj ole c/r\ jume, though believed to atrongly support ho ailinn ol Hie lint rici I hu 11 lu Hid cr. n-lat.'.'i belaly to be welfare of tba iiopuUUon of these two Hiatos. It re a ?? r h (o poi ii i out that (bore la a great question of rigor II ve u ed, in (be determination of which tba wbolo coun? ty le inti rented, and that a decision (beraof adverso to ho elaine of the Military Commauder, and In flavor ot' be recognition ol tba authority of the United HU(ea Mai balai paramount, would not only do violence toprloci les of law, but would carry conaequencca unavoidably alculaUd lo baQle aud i-ai-alyro Ibe banda of all engaged, u good faith, io Ibo work of roconalruction. Il ia proper to notice at tho (brcshoid of (bU dUcua lou, what will naturally occur to a professional mind, lamely, (hst except aa a qucaUon of admlnUtraHro pol? ey, respecting which communications have passed ba wean tho Dictrict Commander and bia superior office.' be Gcncral-iu-Chlef, tbero la no "case" lu ?bu nullor iropcrly before any determining authority or in any orum. If liability for Jiarapcct to tl." United HUtes ?m ult Court in Not tb Carolina, or for teaUUng Ila ifHcers, or ohstrucliii'' its proccaw. ls predicable or (Lu >oat Commander nt Wilmington, or any other party oc ?ar?es, lo Ibe tranrocUuna that bare Ukeu place, the law irovidcs a |ieual remedy, and the practice or (be Court inscribes (ho moda (ir procedure according to wblcb hu ufftmdor or offeudurs may bo dealt with. ll D opea ra that (ho pro vi rio us ol tie..Till Order No. Ill, Hurting (ho sUy, (be enforcement of wblcb Interrupts hu Marshal,.iras not sot up by Ibo defendants, nor lu iuy loamier Judicially pn-inxl upon by (bo Court. There ls, therefore, no anUgoiihuu between any decl too of the Court and tbo military authorities; and ?um ontlat Uiat, If Ibo matter wore brought before tho Court it tbe next term, t li ero would bo any dlOexenco of opinion Unclosed between tho Judge and tho Commandluu lencral. For all that ls known, netter tho UUtaicl indee, nor Chief Justice Chase la inclined to disputa he validity and binding fores of (be pn.uailona or (ba Tiler. lt ls true the Chief Justice U rciiorted to have remark d. In bia address to tho bar at Haleigh, (bit "the mill iry authority does not oxtoml lu any respect to th? 'our ls ni the nulled flutes." But thia observation waa ?ado before tho passage of (bo Act of July 101b, wblcb olin i d with enlarged scope the powern of District Com ?anders; and. moroovor, lhere U nothing In tho remark bat can bo conabruod as donying the power of tba Coin nandcr te modify (bo local law, nor aa refusing to con omi thereto In tba oxecuuou nt tho process of (bal ..oin. Had not (bu Marshal made auch haate lo pres? ho Issue, lt would uot be now before any department ur 'direr ol thu tim e uncut. Tho regular collive would reis to require. Ibat (bu Marshal should, attana next erm, toAni and .carri' ofelia Iht proetu in hil hanit it >ny?riy rtturnaUt, bring lo the attention of Ibo Court, a (he rdslomary manner, any infortnallon or represeu atlnn (oucblug alleged obstructions of bU proceeding? hat he may sea at. It wlU laen and Hurt-and thin emJ titre ont)-bc subtable and legit?malo for the subject to ie 1 arther 11eitel by the civil authorities. It U reasonable (o bolUve that when the controverh rbleb baa beeo needlessly traualerred to an improper irbllcr, ubuli be brough t before tbo I sa rn sd ana able Thief Justice, bia enlightened judgment, iastrucUd by ivents lu wblcb bo baa borne cocsplcaiuus ?nd Ul us tn ms part, vein promptly seo in tho clrtrams Uncos of th-J .ase ample reason to adopt ibo spirit : of tbs Ungxiageoi' dr. Just iee Story, in tbe 'ramUUr caso of Boera w. 'laughton, 9 Peter?, 9. C. H.,'319, wherein Ina Supreme ;oort hold (bal tho proceedings of mlnlsterUI officers oi Federal Courts should bo conformed tn lbs provisions Ot' ?Trha',aYtompUaliDd JUdgo skirt! "The Process Act or 1789 C. al, exprosaly sdoptod Ibo lunn of writs and mod'rs of proves? of (bo State Courts In sulla at common aw. 'tbe Act of 1797, ?. SC, permanently continuad tbe 'orma of wnU, executions and other process, and the forma and modes or proceeding In soit? at common Uw, ben m use In (lin Courts of Ibe United Stales, under ibo Process Act of 17b9, bat with (his difference-that they .vere aulijecl to m. h inti rati.ni and additions as tbe said Courts reapoclivcly should, in their tUacreUon, deem tx ?edient, or to such rognlatious aa tbe Suprema Court of ibo United stale i should (busk proper, tram time (o imo, by mle, lo prescribe to any Circuit or District .ourt concerning (be name The constitutions! validity md extent of the |?wor thus given to tba CeurLs >f the United states, to make alloraUona aud nidi u ons in Ibu prose new, aa voil aa In Ute modes of pro .oeJinr, In sulla waa fully considered by Ibu Court n the caa? of w syman vt. s ai th a ni. 10 Wheal 1: and Ibe Dank of Ibo United flutes vt. Halstead. 10 Wheat, 61, ' it wai (hera held that Ibis dotcgatlou ot power by Con-, mile was perfectly em ntl tut ional; that tie power to ?i. 1er and add le the process and modes of proceeding In a mit, embraced tbs wbolo progress of aucb ault, and STOry transaction In it from Us commence..mot tolls terminaUon, and uulll Ibo judgment ahould be satis? fied; aud thal lt authorized tbe Courts lo prescribe and regulato Iho conduct or Ibo ofllcor tu ibo axscotlon or final process In glslni; effect to lu Judgment And it waa empbatlcsUy laid down lha( "a general superintendence aver (bis subject seeroa to be properly within the jual -Ul province, and has alwaya beon so considered," and that''thia provision enables tbs Courts of the Union la make auch improvements lu Its forma and modes ol pro? ceeding aa exp?rience, may suggest; and espccuUy lu adopt sucb ?Uto Uws on tbb subject aa mlabl vary lo advantage the forma aud modes of proceeding which pr?valu at in Rcptrtuber, 1789." The teanlt of IbU dov trina, as practically oxpounded or applied tn tba caa? of Ute Dank of the Untied HUI? irs. Halstead, 1?, that (he courts H.ay, by (heir rules, not only aller lb? forms, but the affect and o po ration of tba procees, wheth? er means or final, and tbe modes of proceeding undar lt; si that it may reach property not Hablo, In 1789 by tho? flute Uws to be taken in execution. Or may exempt pre p.ity, which waa not then exempted, but baa beau ex? empted by subsequent Hiato laws." It can scarcely be doubt*) that Chief Justice Obaso would discover lu tba condition of attira wblcb lsd Ibo Uajor-Oeneral Commanding to laaru? CP nerti Ords* No. 10, Incontrovertible reasons why tba Co art abcmld fina tula ono of Ibe rase* where tbo adoption of local regula? tions U called for by justice and expedlsncy. Tr CSA I [ooiarcrJKD on TOUBTU PAOS.]