The Charleston daily news. (Charleston, S.C.) 1865-1873, September 06, 1867, Image 1

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VOLUME V.NO. 635. CHARLESTON, S. C., MONDAY MORNING. SEPTEMBER 2, 1867. PRICE FIVE CENTS TELEGRAPHIC. Our Cable DUp.itchu-.. BAPXN, September 5.-The Marquis Le Grange's horse Trocadero, vron the St. Leger stake at Erringen. VIXNNA., September 5.-It ia reported that Baron Yon Baust wai sell the Austrian Chnroh property and pay the accumulated National Debi. MiDBXD, September 6_The Government has ordered the return of the Spanish fleet from the Pacific. LONDON. September 5.-Noon.-Consola 943. ?. 8. Bonds 73}, LONDON, September 5.-2 P. M.-Ocmaols 9413-18. Lrvrwoon, September 6.-Koon.-Cotton steadv, sales 10,000 balee. * LrvEBPooD, September 5.-'? P. M.-Cotton stea? dy. Pork 70s. Lard decayed 47s 3d. Washington Rewa*, WasaiSGTOX, September a.-A gran ! encamp? ment of Natioaal Union Johnson mon meet to? night. Tue call is by advertisement. Several prominent men from abroad will be in attendance. A four column letter from General Sickles to General Grant, trill bo published to-morrow. (Tho report is published in full in another part of our ^ The report that a sharp colloquy took place be? tween thc President and General Grant, is ground? less. Tue United i*"rates Consulate at Messina esti? mates the ch o', ra deaths since July at BQOu. lt' seems to be spreading wider, but abating in fats! "Major ienner, of the Port Phil. Kearney massa? cre, strived a&t r a six months stay? His ' opinion is that the Indians must be whipped before we can have peace. They find war prontable. They have killed a?ven commissioned officers, and stolen S'operty of great value- in the ricinity of Fort Pl iii. earner. The revenue receipts to-dav amount to $640,000. Grant authorised the publication of Sickies' letter. A knowing gentleman made a bot to-day, that the California Democrats have elected the Gover? nor, two Congressmen, and that the Legislature is Democn.tie. Authentic reports are awaited with greatartsiety. Gen. Densler received a San Francisco dispatch to-day, elated vestridav, saving "all right." Vorth Carolina Republican Convention. BAuroa, September 3.-The Convention reas? sembled to-day. A more thorough and permanent organization cf the party throughout the State has boen effec .od. There was a stormy morning and evening sos sion. Many speeches were made, chiefly of an inflammatory kind, favoring a pro? scription of rebels and a confiscation of their property. Maisba.1 Goodloc defended the South? ern whites manfully, deprecated confiscation, and warned the freedmen of the dangora surrounding them. No platform aa yet has been adopted, but reso rationa' referring confiscation and kiudred actions to Congress for action were carried by a tremen? dous majority, amid vociferous cheering. They meet again to-night. Tho Convention adopted and endorsed the plat? form of tbo -Convention of the 27th Marco: left confiscation to Congress. More speaking. Beso lutions were passed, requesting the District Com? mander to order a suspension of tho collection of half the taxe* due the State and County; asking for an early election, and cell for a Constitutional Convention. The Convention will probably adjourn, an* the members go homo to-night at a late hour. A Waterspout In Delaware. N?WOASTLE, DZLAWASE, September 5.-A water? spout, 100 feet in diameter, crossed! the river, and passed nerta of this ?own ; fences and trees were carried oil _ Oeorgia Sews. AUGUSTA, September 5.-Ben. Hili is writing a series of letUra to Grant in reply to Pope in which he asserts that no respectable white nun in the South approves that??rtarv biflsas constitutional, right, just or desirable. Thc uncacdid accept, the ' candid reject, and none approve, all despise. The first article- wilt appear fa tho Cnronicle and Sen? tinel to-morrow and bo followed by others. Crop? In Georg La. SAVANNAH, September 5. -Beports from the Sea Island crop ard discouraging. From the South Carolina coast reports say that the ram and worm have made great havoc. The Georgia coast re? ports say that the worro has only appeared on two Islands." Other Islands expect a fair crop. The estimate of the-8ea Island crop made last week placo it at 35,000 bales; this week only 30,000. lb raina continue, but i pport* from fha interior are .favorable tor a good yield of Upland Cotton. The .quality of tho new cotton received so far is os good ?a usual. " No new Sae I* tond received yet. Alabama. Conserv ative Convention. Mo&T?OliKRT, September 3.-Tho Conservative Convention adjourned to-day, af tor adopting the following J isolations : The conservative me? of the State of Alabama, in convention ^aembled m the cit; >.r Montgom? ery, adopted aa sn expression of their views the fouowing reeolnticus of the Slate ol' Pennsylvania, adopted at a recent ^onvonticn in that State.' 1st. l?e Constituyo.' of the United Stoles oeing that form of civil government oatabbahod by tho founders of the Union, wl?h euch' changes as have baan subsoqueatiy made therein in the manner prescribed by itanU, it is the o?)Iy rightful goyorc. ment, binding upon every mhablts?t, of all ranks, sexes, colors, age and condition, and it is tho duty of each and ivery one, without exceptions or mcdi ricatiens, under any circumstances, to protect and defend the same. 2d. In all conflict of powers un dor this instru? ment, the supreri' judiciary is the only arbiter which ia independent of. and in its province supe? rior to, each of the others, and which they are Lound to obey. 3d. The Union of the States is decided bythe war and accepted by the Southern people to be perpetual, and tl ie authority of the Federal Gov? ernment ia supreme within its conjtatutiouai limits. 4th. Centr?es is not tho Federal Government, nor is the President, nor thc Supremo Court. The Federal Government is that form of civil policy es? tablished by the Constitution, consisting of all three, each supreme in its own limits, sud each entitled, equally with the others, to the loyal obe dimtt c.' yvery inhabitant of all thc States. 5th. Bv the Constitution and nuder the funda? mental .law of tho Federal Government vrhich is superior to Congress, and of which Congress it? self is the creature, representation in Congress and the. electoral college ia a right fundamental and mdestructable in its nature and abiding in every State, being a duty aa well as a right, per? taining to the people cf every State, the denial of ? whl?? ia the detraction of the Federal Gov ti rn in Gut. 6th. Each State, uvd?r the Constitrdion, has the right to proscribe the qualifications of its electors. The Conservative mee of Alabama adopt, as a fur? ther expression of their opinions and purposes, iuefoUowing: . 7th. .Reso'oed, That it ia our earnest ann and purpose to cultivate relations of baimony, friend? ship and' peace, between the races; to aeal justly with the blacks, and to aid and instruct them in a proper un ierstandmg of all their duties to them selre?, society and the country, and announce as treacherous ;ind baso all attempts of bad monto engender ami encourage antagonism between the races. ? / 8th, That ?re are the inhabitants of a common connor, sharers and sufferers of a common des? tiny, andr we will do all iu our power to ins ti ut t and elevate the c stored race ia its moral, s vial aaa political responsibilities. 9th, That while we have much charity for the colored man, and feel inclined to look indulgently and tolerantly c.i his prejudices of race, unculti? vated and encouraged as they have been by recent j ?vants and by insidious counsels of bad men, we ; appeal to him, by the common interests of a com? mon co ontry, to place his trust in those whom he knows to be honorable, and to deal cautiously wita strangers who bear no evidence that they #<*Kf honored where they were better known. -oV'e'? From Mobile. Mosrue, September 6.-CoL F. B. Shepherd, who was shot av Mount Vernon Arsenal a few weeks ago bv Capt. Ss^haff, U. 8. A., died hereto-day of the wounds he had received. Capt. Schaff has been on trial before a military commission since Mon? day. The (xamination "concluded to-day. The sentence is not prcmiulgated. Col. Shepherd was highly respected by th? citizens. New Orleans Hews. Nsw OarSANS, September 5.-Sheridan issued the following order this morning : HaapquABTEBs 5TH MILITAS? DISTRICT, i NEW ORLEANS, LA-, September, 5, itHTl. ) General Orders No. 81. In accordance sith tho in.uruct.ons contained in Paragraph I of General Orders No. 1, current aeries, from the Headquarters of the Army, the undersigned hereby relinquishes command of tue , 5th Miutexy District to Brevet Major-General Charles Griffin. (Signed,) P. H. SHEBIDAN. Brevet Malor-General U. S. Armv. The?ewers44deaths from yellow rev>rduring the 24 hours ending at C? A. M., to-day'. General Sheridan, and members of his personal staff, left for Fort Leavenworth, this evening, by railroad. They were escorted to the depot by tho Mayor, tho members of tho Council and citizens. Several gentlemen addressed the General in brief complimentarv terms, to which ho responded, revolutions o? regret at parting with him were read and adopted. One nominates Gen. Sheridan, An dre* ic Johnson's successor. The B?pubUcan, -in its evening edition, reviews the admini/ilre tion of Sheridan, aud pronounces his civil aclm?.r?stration a failure. His course in regard, to the July riot, city currency and sanitary condition of the city is severely condemned, while hie military acoicvemints are highly extolled, From California. SA? FBAHCISOO, September 4.-The Democrats have elected die Mayor, and a majority pf thc Legislative ticket in this etty. Jrteturns from the interior show reduced Union majorities. ? SAS FRANCISCO, September -L-Tho election is progressing quietly. The Democratic vote will be urger than *for some years? At three o'clock Haigh twas ahead in -?be city. Phelps, Bepubli can, iu probably beaten m the First District. The BepuMwara consider tb? other Congressmen Domestic Iii ar kel. NOON DISPATCH. vi?l^' 8eP{oT1?r V-Stocks steady; except Ene, which are soft. Sterling, J, 09al 10. Gold, 421. ?L??ap^?.' ***** ^tir unsettled-new 10c >>he?tat?ade firmer.- . Corn ?c better. Kjednli. Oats a shade firmer. Mesa Pork $23 60. Lard * lower. Cotton quiet and steadv at 27. Terpentine and Rosin q-iiet. XTESIKa DISPATCH. Cotton easier, sales 900 bales at 27. Flour ir? regular. Wheat active. Mixed corn $1.16ial.l8. Oate ?toady. Soul hern 60a67. Mess pork $23 75. toffee firm ; other grocerios dull. Stocks strong, YltyJ 961 WaL 0old '62 C0?P?U8 CINCINNATI, September 5.-Flour steady. Corn i10*1,^ Whiskey ateady. Provisions firmer; sales 1500 barrels of Mest- Pork at $24-held higher. Bacon Shonlders 13J?; clear Sides 17al72: large demand from the West and South. L*rd tai. BALTIMORE, September 5.-Cotton quiet and lower; no sales; Middlings held at 26c. Coffee very quiet and firm. Flour unchanged. Wheat quiet at previous rates. Corn very dull; sales hght; White $117, Yellow tl 20. Oats less active, but prices maintained at 55a60. Eve ranges from SI 30al 40. Provisions very firm "and advancing. Bacon closed buoyant-Shoulders 14c; Clear Sides Wie; holders asking j higher. Lard and Whiskey unchanged. MOBILE, September 5.-The market continued dull and nominal; sales ll bales; Middlings nomi? nally 23. Receipts, 82 bales.' ' Nsw OHLEAKS, September 5.-Salos of Cotton 200 bales-dull and unsettled. Middlings 24*25c. tteceipte 15% Yraies. Sugar sui *&o\ass?s, unchang? ed. Flour very dull. Superfine $8a<8 25. Corn dull. Mixed $1 20; white and yellow $1 25. Oats dull at 68a70c. Pork firm at $26 50 for round lots. Bacon shoulders 14$c.; olear mde?* 18,Jal8ic.; sugar cured h.uns 22Jo a28?c. Lard 14?c. in tierces. Gold41?\41j; Sterlmg 5c^a56; sight exchange on New Yor< ? per cent, prerrdiim. SAVAKI?AH, September 5.-Cotton quiet and closed dull, with a downward tendency; Middlings nominAlly 24*. Receipts 27; receipts of th? week 482; exports 261; stock 732. The weather hot anet rainy. The steamoi Ariol has put into, this port with her machinery disabled. AUGUSTA, September 5.-Cotton flat ; sales 23 bales; Middlings 23a23?. The President and General SieWes. GENERAL SICKLES' DEFEXCK. HEADQUARTERS SECOND MILITARY DIST. ) CHABLTSSTON, S. C., August SO, 1867. J General .*-I have the honor, in compliance with your.instructions dated the 24th inst., to report the ii,cte and considerations bearing upon tho question whic'i has arisen in North Carolina be t ?reen the civil and military authority ; my roport embraces, in accordance with your desire, the in? terpretation given by me to paragraph II of Gen? eral Orders No. 10 : ateo, references to the Acts of | Congi ?s, from which is derived the authority e? ercisf ( irv the piomulgation of the military? orders in q\ .ration ; and a statement of some of thc rea? sons justifying them. And if this commuiiication shall appear to bo more voluminous and elaborate than the occasion seems to require, my excuse will be found, I trust, in the desire to omit nothing you might deem essential to the most exact re? view of all that has been done. The refusal of tho Marshal for the District of j North Caroona to give any- information about the PTOC3S3 of the United States Courts in bia hands, has prevented final action in .thc matter for the want of reliable official data. Although for the same reason this report has been delayed, no doubt is entertained as to the substantial accuracy of the information derived from other Gooree.", and here? with communicated, in relation to the process the Marshal demands shall be executed. Early in the present montli a communication as received from the Marshs*, for the District of North Carolina, dated July 30,1867, informing me I that Colonel Frank, commanding the Mili tary Post : of Wilmington, had forbidd' n tho enforcement of | an execution issued at the J inc term of the United States Circuit Court Tie communication, al? though exceptionable in t mo and matter, was re 1 ferre-d to the Post Comma ider for report. Colonel Frank himself, about the .ame time, reported that, I he had temporarily Susp mded the, proceedings of | the Deputy Marshal, as igning as the reason for his action that tho enfa moment of *the execution waa believed tobo r, violation of paragraph II, General Order No. ?0. This action ox Colonel Flank's was appro* ed, and he was directed to re I port all the facts of the case, when farther in? structions would JO sent to bim. On the 17th .autant, Colonel Frank having rr> | parted that the Marshal was proceeding to euforce his process, tr ?? following communication on the subject waa, ja the same day, addressed to the Headquarter i of the Armv: UEA.OQ'BS SECOND MUTTABY DISTRICT, ( Cw BLESTON, 8. C., august 17,18S7. ) Aujutanl-Gentrat U. S. Army, Washincf?fo B. I C." The Commanding Officer at Wilmington reports to me this morning that the United Marshal for North Carolina is instructed by the Attorney-Gen? eral tu enforce immediately all executious of the Unit 3d States Coutts, and to report the names of persons offering obstructions, with a view to pro? ceed ttgainst them under the criminal laws of the United States, and asks for instructions. I caused the Commanding Officer to be informed that rn tho receipt of the report he bas been ordered to make in relation to tbe pending caeos, he will re? ceive further Instructions, and that meanwhile he will not permit the order or decree of any court to be enforced in violation of existing military orders. These threats of tbs Attorney-General repeated by the Marshal, are foreshadowed in a fais? and scandalous article on this subject, published, it seems, pot without authority; m the National In teLLgeneer, on Monday last, and to which I respect? fully invite attention. I will remark that the j question now raised m this matter is not new. Last July the United States Courts in South Caro? lina ordered me to surrender four citizens under sentence of death for the murder of three soldiers of the garrison at Anderson Court House. \ re? fused, and tho court ordered tho Marshal to ai rest me. The case haying been reported to the Adju? tant-General of the Anny tho Secretary of war instructed me not to give up the prisoners, nor to submit to arrest, but to take into custody any and nil persons attempting either.. The President afterwards commuted the sentences of these men to imprisonment for hib, when thoy were B?nt to Fort Delaware, and there diechorgod by a Judge of the United States Court. Ii tho United States Courts in tho rebel States be allowed to control the military authorities, the cxecutioQ of tho Reconstruction Acts will, for ob? vious reasons, soon become impracticable. Some of those courts"wi# begin by declaring these Acts of Congress void. (Signed) ' D, E. SICKLES, * Major-General Ccminanding. On the same day the following reply was receiv? ed frew the General-in-Chief : ' WAB DEPARTMENT, ) WASHXNOTOW, August 17,1887. J Major-General D. E. Sickles, Commanding. <tc. . Year dispatch of thiB date received. Follow the course of action indicated by voa as right, and re? gard my dispatch of the 13th as entirely with? drawn (Signed) U. S. GEANT, General. Tho instructions contained in the foregoing telegram have been observed. No commCui?ation from the President, on this subject, has been re? ceived by me. Herewith enclosed I transmit copies of the several reports and communications ou this sub? ject from the Post Commander at Wilmington, thc last of which, bearing date the 28th instant, was received on the 29th; also, a copy ofthe lotter addressed to me by Mr. Good loe, the Marshal for North Carolina. 'These papers having boen re? ferred to Colonel Dermis, tue Judge Advocate of the District, for his examination sad remarks, I rosmectfully invite attention to his carefully con? sidered ?nci able discussion of the law and judicial precedents bearing on the case, and which is also enclosed. i My own views upon some, at least, of the various aspects of the subject will, be found in the com? munications already forwarded, and in the follow ing observations : The occasion for the promulgation of General Orders No. 10, of April li lSoTjs briefly set forth in the order itself, as follows : "The general destitution prevailing among the population of this Military District cannot be re? lieved without affording, means for, the develop? ment of their indrjs'.rial resources. The nature and extent of the destitution demand extra? ordin?r}* measures. The people are borne down by a heavy burden of debt; the crops of grain and erden produce failed last year; many families ve been deprived of shelter; many more need food and clothing; needful implements and aux? iliaries of husbandry are very scarce; the laboring population in numerous localities aro threatened with starvation, uniese supplied wjth food by the government of the United States; the inability of a large portion of tho "people to pay taxes loaves the local authorities without adequate mogue of relief ; and the gravity ofthe situation is increased by the general disposition shown by creditors to enforco, upon an impoverished people, the imme? diate collection Of all claims. ' To suffer all this to go on without restraint or remedy is to sacrifice the general good. The rights of creditors shajl be respected; but the ap ?osd of want and sufforing nruSt be heeded. Moved v these considerations, tho gowing regula? tions are announced: They will contine in force, with such modi?et?ions as' the. occasion may re? quire, nat?l the civil government of the respective States shall be established, in accordance with the requirements of the government ot the United States. 'The Commanding General earcostly desires and confidently believes that the observance of these regulations, and the cooperation of all per .-wt.s ron ~? Tied io employing fairly sud justly the advantages still remaining to them, will mitigate the distress now existing; and that th? avenues of industry, enterprise and organization thus open? ed, will contribute to the permanent welfare and future happiness of the people." . The particular question now under considera? tion arises upon paragragh JJ of rho order, which is aafollows : * ' *j "ll. Judgments or decrees, for ?the payment ol money, oa cauaes of action arisitur between tho 19th of December, I860, and the l?thloi Mav, 1865. shall not bo ontorced br executiofi against the prorerty or the person of the derfniknt. Pro esedipgs in sich causes of action, lofpendiug, shall bo fttayed; and no suitor precess shall be hereafter mstttuted cr commenced/ for anv such causes of action.'; ?? v " The general toner cf tbe order At be under? stood from three or four ad?dior^H^. jr^hs ? . I. Imprisonment tor debt ia r^^Hki unless" ihe defendant, in execution, Bhtu^?mt,\^P? of fraudulent concealment or cuspMpff B^rpm perty, with intant to hinder, delay a ad prove? creditor in the recovar? of his debv or dei And the* proceedings now established in and Sooth Carolina, respectively, tor the tri) determination of snob qua&tfcns, maybe . ed." * ? * * ? .. "V. Ail prooeedings for th e.. recovery of n under contracts, whether, ander seal or by p the consideration for which was the pureba: negroes, are suspended. Judgments or dc entered or enrolled for such onuses of aciton, not be enforoed." *?#?#* "XU. The practice of carrying deadly wea except by officers ard soldiers m the militar vice of the United 8tates, is prohibited. Th? coalmen t of auch woe pons on the person wi deemed an aggravation of the offence. A viol of this order will render the offender amenab trial and punishment bv Military Commission ?*, ? ? * * ? ''XIII. The orders heretofore issued in this tary Department, prohibiting the punishmei crimes and offences hy whipping, maiming, bl ing, stocks, pillory, or other corporal punishr are in force and will be obeyed by all persons. "XV. The Governors of North and South ( lina shall have authority, within their jurisdic respectively, to reprieve or pardon any person victed and sentenced by a civil court, and to r floes and penalties." . ? . * * # # V VII. In all sales of. property under execn or hy order of any court, there shall be reseo out of the property of any defendant who hi family dependent upon hie or har labor, a dwe house and appurtenances And twftoty acres of for the use and occupation of the family of th< fendant and necessary articles of furniture, parat subsistence, implements of trade, hush ry, or other employment, of the value of five ] dred ?-dollars. The homestead exemption f inure only to the benefit of families-that is to tot parent or parents and child or children, other cases, the exemption shall extend on! clothing, implements of trade or other emt ment usually followed by tho defendant, of valuo of one hundred dollars. The exemp horeby made shall not be waived or defeatec the act of the defendant. The exempted prop of the defendant shah be ascertained by the sh( or other officer enforcing the execution, who t specifically describe the same and make a re thereof in each case to the court.'' It is proper to remark in passing that this or which was one of the earliest issued by rne a assuming tine command, was at the time of promulgation duly forwarded to the Adjut General for information of the proper author the order has been in force for nearly five mot without any official intimation that its provis: are disapproved.. The charge that I have made an issue with Supreme Court and have set at defiance its crees, is utterly unfounded. If a subordinate fr t ionary of a court of the United States, whether his own purposes or those of any others, chose to execute bis functions that either be mus! controlled, or else tbe military authority establ ed by Congress over these States is-io be defied him, and thus wrought into contempt, the issn made up ostensibly with a military commanc but ia tact with the Congress of the United Stai The military authority in these States is the a tion of Congress. The military force in th States is hore to execute the laws Congress i passed. The modes and the agencies now proi ed and employed to execute the purposes of C gross have boen approved by Congress; tbe thority given has been confirmed, and the disc tion by wbioli that authority was controlled 1 boen enlarged by a Supplemental Act. Ii, would be in.vain to charge me with a want proper respect to the judicial department of i government, when to the utmost possible limit which I could go, I have exhibited that deferei and respect to it, which I felt that it became Earsons in authority to exhibit. I have respond ere, in my official capacity, to tho summons the court of the United States. I have, when quired, respectfully presented for its considerad toe causes and the grounds of my official condu And when its order was made to attach my p sou and commit meto the jail, I was told, m the only?ource through which I could learn t wishes of the President, not to submit to the i rest, but to arrest those who would attempt to I rost nie. And though the order of the ??urti disobedience, o which I was thus threaten? commanded me to deliver certain prisoners wi had been tried and condemned for the murder Union soldiers under dreumstances of great a gravntion and atrocity, the President himself, h. military order, subsequently directed the remov of the saide prisoners tram the jurisdiction of t United Staion Court" for South Carolina. Tho complaiut now made ia, that I have fe bidder the execution of the process of the con of the United States in North Carolina; and ha thus set myself above the law of the land. If had been fairly said that I entertained the opinic that Ibo same reasons of public policy which co strained me to determine the timo and manner which colientiona of debts should be enforced ahatslfihase courts, should equally guide me in tl exercise of a just and necessary, discretion in hi cases in all courts in this Military Distriot, n position would have been truly stated. For I c firmly believe that Congress, intending to seoul the restoration of these States to the Union, mac all other considerations subsidiary to the acoon plishment of this end. I do not believe that tl process of the c inris of the United States shoul override and se aside* the orders Congress ht empowered me to make for the execution of il measures. If it was further said, as it might t truly, and should be justly said, that I had ne vt received directly or indirectly any intimation tbi my superior in au th on ty differed with me in tbJ opinion; or desired the measures taken in furthei ance of it modified, many existing apprehension is to my conduct and motives would be c?rrectet If I was disposed to narrow the ground of m justification, it would be easy for me to draw yon attention to the fact that had the Marena" in Kort Carolina wished to secure harmonious action be tween the military and the civil departments c the government, it could have been easily done b simply postponing tba execution of his process un til the next tera of the court-the fame when, b; law, he wag inquired to make bis return. Tbi proceeding would hara camed with it an aoqui esconce in the authority of the military govern ment established in the rebel States, as providec by Congress. I will, not discuss the point bow far the ci vi functionaries of the United States, in view of tbi great end to be accomplished, ought to coop?r?t* m averting the pernicious consequences to th< people of these States, which it was the sole pur pose of Granero! Orders No. 10 to prevent, If gr ea public mischief is justly apprehended by means ol certain [proceedings in the State courts, is it noi reasonable to suppose that the like proceedings ir the courts of the United States would produce thc same mischief? If the evil will come from thc mode in which the process of tho State courts u enforced, is it not reasonable to suppose that thc like process in the Courts of the United States, enforced in the same manner, ' would pro? duce tho same mischief? . If, the public good it promoted and public order secured by regarding the lime whan process in the State Courts may be en? forced, is it. too much to expect that tba Courts ol the United States should co-operate for the same purpose, by the adoption of the same means ? The Courte of the United States are not responsible for the means devised for the restoration of these States.1 Is it too much to suppose and to expect, that all courts in this Military District will recog? nize the autuority and to respect the measures a??0?? hy those who are charged with that duty and are r??p?W^We fortije result ? If the modes of proceeding in Mle Courts of the United States are, by the laws ot the United States, assimilated to those of force m tba Courts of the State, and the military commander of this District, in the exercise of his indisputable power and to accom? plish tho end of Congress iii fha restoration of these States, should modify such modes pf pro? ceeding, can it be supposed that the Courts of the United States would refuse to modi? fy their rules of procedure in all like cases ? If they were independent'of all modes of proceeding their in the Courts of the State', sod could regulate own as they pleased, would it not even then bo a very grave error for a court of the UnitecVStates to disregard all considerations affecting the peace and welfare of these States, and overrula the or? ders or tho military commander, charged with the execution of the measures Congress had provided for the reconstruction of the Union ? . While proceedings in the courts of these States for causes of action arising during the rebellion are stayed, once open wide the doors of the United Stales courts in this Military District, for such liti? gation, and who witt mark the limit to fraud and perjury, provoked by cupidity, which will be in? voked to secure the jurisdiction of the L ierai tri? bunals? The citizen of North Carolina, whose debtor is in North Carolina, has no remedy but in the courts of that State. The citizens of South Carolina, having with each other the same relation, are restricted also as to their forum. In tho re? covery of whatever these citizens of the same States respectivo;y rhum against citizens of the same State, they must w*ii for a certain specified limo in Bomo cases ; in others, untJJ a loyal and legal State government is established. But if it be admitted that my orders have no authority to re? strain the'sew ,qf those who come here from abroad, then the citizen of Virginia crosses the line, and sues the citizen of NortJf Carolina in the courts ul' tho United States for that' State ; und ike pitiaen of Georgia comes into the courts of th? United Sjaates for South Carolina, and does the same ; and ii sutio ?;in be so maintained against citizens, then prosecution pan likewise be main? tained against officers and soldiers on duty here, and military authority would cease. '. ?tjjs conceded that the military authority is made by Congress supremo, if not exclusive, in regard to the peopk, pf these two States within their respective territorial Iinji ts. Ii persons un? iter the same military government, m their re? spective States, would cease to be so in either, hy crossing into the limits of the other, I may ask what opinion can be hld of the consistency with which thepower of the government ia thus exer? cised? What effect it must produce upon the peoplo of these States ia too plain to' be dis? cussed ? The remedies for tho redress of private wrongs have always been Becured. The criminal luris chctipn of the United States han never been in the sKghicitst roomer interfered with. I have deemed it my duty to uphold, and if required, onforce that jurisdiction. Thepower tfiven to District Com? manders is intended to aanimpiisb certain results impending almost equally upon the control hosi erciaes aud upon the protection he abords. That orotection could not have been ju any manner more acceptably a?orded than by the measures I have adopted to enable ike people to feed abd ?loth? thomselves and to reooy?t tan? Jhe ex hausBitrp struggle in which they h avecen nag'. ed. She people of these States have feTtthat they must ober the laws of the United States. Thev have seen; however, that the same power which demanda obedience cen giveVandhaa elven protection which has enabled them to repa Borne degree, their broken fortunen * The cironmatances which led to the prom tion of General Orders No. 10, have oeen si briefly mentioned.' There waa presented a rx tion everywhere impoveriahed, and in marv i lies threatened with starvation. With th opening of the civil tribunals, anita were men oed in numbers far exceeding any tha ever bean known. When forced to execution process was carried to its last and harshest j without merer. The cultivation of the soil I which . alone present support or future si I could be derived, waa about to be abandened I cause he who would undertake its tillage felt it Was uncertain if he would be allowed to hoi I lands until his crop wan made ; and that if h make the crop, he yielded bis labor to anc who would take the proceeds from his family : I ont remorse. In all the departments pf laboi same feeling of despair was predominant. Thun driven to desperation, disorder had manifested; violenco was threatened to civil cc and civil officers; the publio peace was expose imminent peril: and a state of anarchy waa pending that would have reqriired tor ita snpi sion tho sternest exerciao of military antho To avert this unhappy condition, the evident which multiplied ar?und me, I felt it due t? manity, essential to the attainment of the obj for which I bsd been invested with office and ( maud, and in accordance with the joatexpectat of the government whose agent and officer I to exercise the power and use the authority < which I had been clothed. If beyond ray own convictions of duty other < si derations wire" required, I had them in the potation ot K\& Governor, ot South, Owottus., of leading men from all parts of theuaroli i who solicited the interposition of my anthon! the manser indicated, for the purpose of gil peace and repose to communities, tranquility order to Bociety, and the moans of riving to population. Nor do 1 kjpow, after freqnert careful review of what was then done, by ? conduct I should moro justly have provoked di served the oensure of thu government, that having power to prevent it, I had allowed f he t tiplicatiou by thousands of those who were t with difficulty fed and koptalive by the oharit the'government. Under such circumstance did interpose my authority. And to this exi only did I go, 1st. To thoso who had already ter ed upon judgments it was said, forbear twelve months to enforce your executions; 2d. . those who were suing upon ckmtracts made ctur the war. it was aaid, take no further stepp nt pi ent iu tue prosecution of vow snits; 3d. To th who werewproaecuting claims for the purch money of slaves, it was said, they are prohibil 4th. To those who had denands apon contri made after t Vj cessation of hoobUties, no infere waa threatened or alio red. ' If ?ny interference, therefore, is to De justis What other,, what leas than waa doner could h been dono? If these orders are questioned, because of i pediency, it is only necessary to refer, in additi to what has been said, to tee testimony of I Legislatures pf the two Oaraliitns; they had < pressed as plainly as they coull their convict of the necessity for such regjuaiiims, and sp lat they could do it, had endeavored] to provide thc IL however, these orders are q laat?oned becai of an abuse of power, or because >f anusurpatioi authority which I did not poasowi, or bezause tl are deomed unnecessary, there t aa been, as th .is now, staple power to cause th(?n to he revok In regard to, another clas? of cases to wk these orders relate, I will not say more than expresa my surprise that outside of these Stat there, should be found tiny objection to a stay proceedings in cases of contraen; made here di ing the rebellion; the consideration expressed such contracts was in currency creaiedto supp the rebellion; the substance of the contracts wi thorefore, in open violation of the laws of t United States. To admit a recovery according the terms of the cantract, was irat to maintain palpable, fraud: and to regulate tho recovery any other standard, was to recognize sud adopt es expressing a value, as money, in open diarega of the laws of the United States. What should done ultimatelv in such canes, ! did not und?rta to decide; What 1 did, was to. suspend thee forcement of such contracta until the es tabba ment of a legal civil government. Where bo parties to these contracte remained here durn the rebellion, they could not complain that thc rights should await tho establishment of a leg government, and snob provision as lt should mai for such cases by legislation. And when either the parties had professed to hare remained fait ful in hie allegiance to the government of tl United States, it would be difficult for him to she how he contd consistently or lawfully have be? connected with such a contract In connection with these measures to which have, referred, I will only add a passing won 1st. As to tb o matter of bail, which had becoji converted into an engine of oppression ; 2d. Aa the procese of attachment, us it was known her and which had also oeen abused ; 3d. As to jurie no State htW?J having provided for tte new cond tion of affairs, it becawwcfc^saary^sW I sboul exercise the power I possessed over tho State law to adapt them to the requirements of the presei time; or that, failing to clo so, Jury trials in all tl tribunals of the State and of the'United State: should cease. Ii could not be pretended tba specially charged to enforce obedience to the lav of the United States, I could acquiesce in thi positive abrogation of them, whicu consisted i not only A disregard but an absoluto denial of th laws which Congress had passed for the enjoymei of all civil and political privileges, without regar to cr^te or color. Without these orders, let me ask by what kv or upon what authority would juries be orgar iised io the courts of the United States ? I beiiev thai thc laws of the United States provide thal tb qua iticutions of jurors, and the modes prescribe tor drawing junes in toe courts of toe Unitei States, should be the same as ere provided by th laws of the several ota tea, and adopted in practic in the courts of the State. Recent legislation o Congress has provided new causes of challenge and therefore ot exclusion of soma who otherwisi would be qualified to serve. Bai no law of th United States, of which I am a ware, authorize! ?uries to be drawn m tho courts of the Unite? (tates, differently from that mode which was prac ticed in the courts of the State in obedience to Chi law of the State: It waa therefore, in my view essential not only for the administration of justin in the courts of the State, but also in th? court: of the ?D^d^Sia^^ that ihe.order in relation ti }. It is expressly declared Jw the Act J of Con gress that the existing illegal governments in the rebel States are subject m all respects tb the mili? tary commanders or the respective Districts : CBC that there can be no question that General Orders No. 10 are obligatory upon the State courts. 2. It has been decided during the present month by tho Circuit Court of the United States for South Carolina, that the legal relations of persons within this Military District are governed hy the regula? tions prescribed in General Orders * No. 10, and therefore the court refused to entertain, and did not entertain the suit of a citizen of North Caro? lina against a citizen cf South Carolina, for a cause of action suspended by the military authority oi the District Commander. 3. The question romains, whether a person re? siding out of the Military District can come here and by the process of a court ot tho United States enforce remedies xi ph tinily prohibited as to all persons belonging within the District, and which confessedly could not he rjroseouted by any party in the Stato courts. Unless this question be an? swored in tho negative, it follows that a stranger coming within tins military command, brings with him rights and privileges not possessed hy persons residing here; and among these privileges is not only an exemption in his own person from the ob? ligation resting upop ali residents td obey tho orders of the Military Commander, but also the power to deprive any Carolinian, against whom such stranger prosecutes a demand, of whatever rights and immunities may have been given or as sored to the people of the Carolinas by General Orders No. 10. 4. No question or issue has yet risen between the courts of the United .States in this Military District and the District Commander. It appears, however, that an issue is invited by a subordinate ministerial ofticw. The regulations prescribed in General Orders No. 10 have not been considered or passed upon by any of the Courts of the United States, except in the South . Carolina Circuit, where, as kee been seen, the provisions of the or? der were enforced. The only judicial precedent, therefore, is against the action of the Marshal of North Carolina, who is not even a judicial officer. Tho process in the hands of his deputy was not issued upon any judgment, decree or order in which the court'had passed upon the powers, du? ties or orders of any military officer. Jt is to ba presumed that perfect harmony of action does exist, Enc} will continue to exist, between tho fede? ral judiciary and the mihtary authorities of the United States in the Second Military District. 6. The execution of a certain process in the hands of a Deputy Marshal has been temporarily suspended; the matter is held under advisement bv the District Commander Hntll the reai nature and character of the proceedings eau be ascertained by official investigation and report. Upon the c?ming in of such report, one ot several views may be properly taken of the matter; tho Marshal may be allowed to gp on; further action rnay be deferred until the next term of the Circuit Court in North Carolina, when, on the return the Mar? shal mav then make,' the Court will decide whether or pot ft will observe the regulations prescribed by competent military wthbrity; or the whole subject rnay 'pe reported to the General-in-Chief for liis further instructions and final disposition. 0. Eevorjd the temporary suspension by the Post Oommancl?r of the P|vjlprqeesain question, and the approval of shah action hy the Major-General Commanding the District, there has been no hin? drance or mterferance; and this' temporary sus Kinsion involves no unusual delay, because the ara li al is not required by law to make any re? turn until thc nett tep'n pf tl}8 court. 7. Although it may be assumed the District Commander would, unless otherwise ordered, con? tinue in force the order suspending the execution of the process in the hands of the Marshal, and all other pko process, it will be observed that ques? tion baa not vet beep decided by }h,e District Commander. The cage for his definite action has not yet be ?n presented; and the delay is nqauily owing to the refusal of the Marshal to give to the military authorities the information in his poaee Bion which is essential to fir: J action. ? 8. The case, as it how stands, involves the in admisaftble proposition that ney Marshal qr Deputy Marshal of a court pf th? United States sitting in" a rebel'State, may execute any process whatever id his hands against all persons within the State for Winch he is appointed, no matter if that process "be ?ne for the arrest of a garrison, or gt the Commanding Officer of'a Hilliary Post, or of the EfSpficf Commande,--; a conclusion that practically subordin?tes the nuHtar? government established by Congress iu these States, to the . : . ' " . ... I authority and caprice of a subordinate functionary. 91 The trae totenf and meaning of tbs s Acts of Congress for the government of the States is, that in the absence of all Uyal civil ernment therein, the paramount authority of gress over them shallbe exercised by the Ge in-Chief of the armies ; and, subordinate to by tba Generals commanding the several Mi Districts, as they were constituted on the teeoib day of July, one thousand eight hu and sixty-seven, when the last of the Supple tar y Acts became a law. 10. It was not contemplated, by Congress any "wort whatever, held in lhe rebel States, stall less lhat any Marshal, Deputy Marshal, S or Constable-, stoald do or be suffered to do ai in .derogation of the orders of the General-in of tue' armies, or of the Generals comma* MiliLtry Districts. The Supreme Court ol United States ha? receutlv, in a well -known so construed ita own authority in refusing to i few with thc execution of the Acta of Coni for thc military government of these States. 11. In June, 1866, after the peace proclama 'fi? Secretary of*war, your fltoatrious predece I awrored cf my refusal to c'oey the mandai tho United States Court for South Carolina.; when in cons?quence ot such refusal the conj dared my arrest, I was instructed tot ike custodv all the parties who might engage in proceeding. It did net become necessary fa ecute these instructions. Tho executive oom nieation now mentioned is the only one eve chived by the undersigned on the subject o offioisl relation to the courts of the United St in this Military District 12. The reported remark of tho learned and ttog**Mi?a. Chief. Justice, that "the militarj thonty does not extend in any respect to ? Courts of the United States," was made before passage of the Act of Congress of July 19,1857. i gress assembled and passed that declaratory in consequence of certain opinions of the Attor General, the highest law officer of the Governm And to prevent similar embarrassments to the elution of the Acts of Congress, it . was am other things enacted: "That no JJistrict Conni der or member of the Boards of Begistratioi any of the officers or appointees acting under th Bhall be bound in his action hy any opinion of civil officer of the United States." It would fie c cult by legislative provision to define within : rowerlimits the prerogatives of civil authorit the Military Districts. 13. The modes of procedure of the Circuit District Courts of the United States, and the ac of their ministerial officers in the execution of ] cess, have hitherto, by the, laws of Congress the rules of practico prescribed by the 8upr< Court, conformed substantially with the prac and procedure of the courte of tho State or Te tory in which the Federal Courts are respects held. . 14. Congress having. substituted military thority forthat of certain illegal' go vornmen ti these States, it cannot he doubted that a Ped? Court, sitting in thin Military District having power to'?fftoyite~own^dei and aporeciat the true intent and menning of the Adte of C gress aforesaid, would find in .the exigenoy wh suggested those ' provisions'of 'General Order ; 10, relating to proceedings in certain civil actio sufficient ground to more the court to conforn. the regulations prescribed in that order, and thc .by preserve the harmony heretofore existing tween tho fedora! judiciary, the local coutts t tho military authority in the rebel States. 15. By the foregoing recapitulation, it will appafent that no issue exists between the milda authorities in this District and any of the csu of the United States therein; that no court in t! Military District has refused to conform to 1 military regulations prescribed for the gov? ment of the people thereof; that the Marshal North Carolina, in so tar.as he claims exempt] aa a public officer, from military control, does t appear to have the sanction of the judicial trit nat of which he is the servant; that the action the Post commander at Wilmington has been cc fined to the temporary suspension cCsn executi for lhe collection of a debt; that tho District Coi mander holds thc case under consideration, on t appeal of the Marshal from tho action of the Coi m anding Officer of the Post; that, the Marahi having been requested to furni?h the informatii essential to turiner action, refused to give it, ai -has proceeded, in accordance with instructions i wived from tho Attorney-General of the Unit! States, to enforce the execution <$ the process the Court; thatthereupoa the District Command* having repeated his order to the Commanding Of oar at Wilmington to stay tho Marshall procee togs until further orders, reported the ooourr?m to the General-in-Chief of tho army, by whom tl District Commander has been directed to folk thc course of action he ha? already indicated ai men; and now. in obedience to the further ord of the General-in-Chief of the anny, sQ the pr eoe J inga in the case, together with the papers r laking thereto, are transmitted, with the sugee tiona of the Major-Goneral Commanding the Di trtct, for tho review and final action of the Gen ral-iu-Chief. It baa boen my desire and aim hi the mnasnr? provided for tue government of tho Carolinas I devise and execute them with as much humanity as much forbearance, J will even say with as mue magnanimity, as WM consistent with the prop? discharge of the duties prescribed for me by Coi gress, None of the meaanf es I have adopted luvt ever, so far as I know, been disavowed by the go\ ernment With the War Department, in all the has been done to this Military District the record of mv office show the most perfect accord.. Nott ing baa been done of which immediate and fu information has not been given to tho prope authority. Nothing has been done which han no always been conceded as properly subject to ri vie\?, modification or revocation bv competen authority. Nothing ot all that has been done ha provoked official censure or elicited any officia suggestion requiring the modification ?if my or den.; and nothing which at first may ha ve ?nen: w questionable haB foiled to receive official approva after a full explanation of the cirrumstaiicea whlol lod to the measure. This statement, strictly tra as far as thc existence of this District is concerned maybe extended to the whole period of time-not somewhat protracted-daring which I havooxer cised command to the Carolinas, with perhaps thi single exception of the following instance: In 1866 with a view to conform the penal code of thc rebe territory committed to my command to the die tites or humanity, as well as to prevent tho whole sale disfranchisement of loyalists, black and white attempted by certain political managers, ? pro hibited the punishment of whipping as a penalt] for ofiance. This order was suspended by the Ex? ecutive, but the tow-making branch of the gov? ernment subsequently adopted my prohibition. I have great satisfaction to reporting that the present condition of affairs to the Carolinas is one of peace and order ; of general security to person* ona property; of gradual restoration to materia] welfare; ot increased comfort and prosperoja in? dustry; and that the people o? my District have been lifted from that deer' gloom, distress, and 1 mar veil say despair, hi which I met them when placed here' in command. It is because nf this improved condition of affairs, that the execution ol the recent measures Of Congress, designed for the government of these States, is proceeding to all respects most satisfactorily. Tho people of the Carolinas ave at this moment accomplishing the first of the two great tests which are presented-to them-registration and election-'-without, the alightest show ol violence or tumult. A spectacle ia daily presented at the dif? ferent precincts, of men af diirerenioftstes, and of all classes, placing their names on the registry of voters, without strife or d^ordcx, that but & snort timo since would have been consiu?recl as involv? ing inevitable conflict and-Moedehed. And, if ex? isting orders and regulations remain rn force, there are no sufficient grounds to apprehend any serious interruption of the tranquility, security and order which have happily been maintained. And thia has been done as it could-only have been done, by the exercise of military authority. The lesson to be taught was hard to learn- it could only be taught by military power! The great problem is fast approaching its solution. In a few short moncha or weeks the requirements of Congress will have been met; the votes will have been; cast; the Convention will haye met; its re? sults announced; and constitutions for these States will have been made in. pursuance of the conditions imposed by Congress. Tot at no time more than the present baa the mihTary authonty of the government been more necessary to secure the'peaceful consummation of the 'great end patriotic work af reconstruction. And yet st this very time au issue is made which introduces wide? spread contusion as to the rightful character and the lawful extent of military authority. The work of reconstruction to the Carolinas has all been dono quietly, without violence, without the actual exercise of force, It ia known the force is here, and H Ul be used if necessary. Norean I hesitate to giving it to you a3 my deliberate con? viction, that if civil agencies had been employed in the work of reconstruction, or had been allowed to control the mili: arv to the measures to be taken, they would have failed; and that failure would haye involved at some lime a resort to mili? tary force-not to preserve order, but to suppress violence: and the blood so shed would have cried out to the people upon whose soil it bad fallen. And when I consider how wide a chasm has been spanned; how much of a seemingly hopeless task has been achieved; how little remains to be done, to seen - e all'that a dreadful war was waged to ac? complish; how near ia the approach to a returned Union; and when I realize to myself, that all of this is to be put to a great peril and hazard by meas? ures which threaten to Impair the authority and lessen the means of those upon whom success or failure depend, I have only to express, to the most respectful manner, my as tonic Lment and regret. That done, and having performed the further dutv of presenting fully to this report the facts and considerations bearing upon the important ques? tion now at issue, 1 shall faithfully obey any order von may give me. Very respectfully, your obedient servent, D. E. SICKLES, Major-General Commantling, General U. 8. GBATTT, General-in-Chief Armies of the United States, Washington. APPENDIX. ' [ENCLOSUBE NO. 1.] OFFICE OF-THE UNITED STATES MARSHAL I Bannon, NoaTH Oaaoxnta. July 30th, 1887. r To Major-Oeneral Daniel E. Sickies, Commander 3d snH tary District : Sra :-I have the honor to enclose a copy of tn order from one of your trabmdinajea to my deppty at Wflming ^Wh forbids thtenforcmentoraaexecutloniaaued Kt the auno terra of the United 8tatee Cticuit Court You will perceive that col. Frank founds tina order upon, your General Order No. 10, wife he assumes to bc anjutabie to th? Courts of the VaiWSta^T fei tata I that you would imnortake to. set aside any law ofthe governn; eur, \o winch you owe abeglanceTl "A strength? ened to th? new of the case, by the oninion Of the Chief ^.^dehveredto^Bar in thia dry, at the opening ofthe Court. Yoraltoeeware that my duty ia to obey the taws of toeUmterTS?tet, and aa fat the same time greatly desire to avoid a colMou between th? Civil and Military authorities, I hara directed ruy deputy io SUM pond the execution oi the writ until yon caa be informed of the (acta. I bare the honor to bei' very respect rudy, [Signed,] DAKIEL K. GOODLO E, U. fi. MaxthaL i?mcial copy : J . W. Ctoca. A. A. A. General. [KSDCBSISOWTS OTOH ESCX08UBJE KO. tf HEADQ'RS, SECOND MTLTTABY DISTRICT, \ Ouauctxas, S. C., August 13th, 1867. f - Eespectfully referred to Commapfhng Officer Post of Wilmington, tl. C., with instructions to report fully on i the several cacea pending hi the United States Courts: tn which he bas suspended .essendon. Iuiormadon is desired ss to whare and Then the sever? al causes of action accrued-whether tte actions were for debt or other causes, when the snits were Iiegtm, when jndgmont waa given, and when the final troceas of execution Issued. It ia presumed the Marshal will furnish this ?n?orma .t?on, ss it msy be obtained bram the Clerk of the Court. A copy of the opinion deHrered by Chief Justice Chase to the bar, at the ope ama or the Coori which ii referred to in the within lette*, ls abo desired. . By command ot Major-General D. E. SICKLES. . [Signed] . J. W. Cums. . Capt 38to U.S. Lift, A. A. A Geo'l. , ?~ HEADQUABT2B8, POST OF WILMINGTON, I August 17th, 1837. ( BewpectfoOy referred to Jar. Danial x% Good! oe. United States Marshal, with the request that hs will furnish me with, the information required. [Signed.] B. T. FBANK, Bvt Lieut Cot ?nd Capt - 0. ? m UNTIED STATB8 MARSHAL'S OFFICE, 1 BAIWOH, *"cut*f 30th, 1007. J As I cannot rwognise ssa Tight of the Military authur! -dea to t?wstrurt, or Vac-mr*. Vate ?avaro <sl toa-aroesa? of the United States Courts pr.t into my nanda, I must de-, ebne to give the information called tor, aa to "where and when the severs! causes of action occurred ; whether the actions were lor debt or other causee, whare the suits, be? gan, where judgment was given, and when the f?ll pro? cess of execution issued ". Tho address of the Chief Justice lo the Bar, was pub? lished in the newspapers of tbs State, about the 10th June, and can doubtless be found at Wilmington. [Signed] DANIEL B. QOODLO?. : V. 8. Marshal, For District cf North Carbana, [EXGIOSUBX HO. 2.1 HDCJ'BS. MILITARY PObT OF WILMINGTON, 1 WILSCTSGTOM, N. C., August 22d, 19tt7. f Capt J. W. CUnu, A.A. A. a., Ciartaiion, S.e. Sra:-I have the honor to enclose herewith the letter of Marshal Goodloe. which was refer? d to me fon ?port. In accordance with your suggestiou, li referred lt to Mr. Goodloe, who, it will be seen by hil endorsement, de? clined giYiag the information. I have written to the Cleric of the Court direct, for it, and will forrard bia re? ply ss soon ss received: thinking, however, th lt the General desired tula Information at aa early a day aa pos? sible, I called upon. Judge irimoh. the counsel for the C.tiffin one and Ike principal case, and obtained from tue following injormaiioi. which'ls probably as cor? rect and reliable ss caa be obtained from any other source. This is a case in which HaB lr Budd of N ew Or? leans are plaintiffs, and Kshnweffle* it Bros., offliis city are d?tendants. The cause of action is s promisory note executed tba 6th day of April, 1869. for ene thousand six hundred and eleven dollars forty-six cents, ol ; thirty day B; toe cote was given for sugar and molasses pnnJuaedOn ?869, Writ waa humed November 6th, 1868. to November tenn of United States Circuit Court, at RaWgfc. Jucgmant ?i/ss given at the June term, 1867, far two thousand one hundred ?nd two dollars forty-six -?nts, principal and intertet; cost thirty-three ctohaw forty-six conte. Total amount of execution, three thousand one hundred and thirtv-nve dollars ninety-two cents. Executioa termed' Joly 11th, 1867. The other case ls one ia whlah A S. Mooro it Co., cf Boston, are plaintiffs, and Kabnweillee k Bros., of this city, defendants. Tho following lulbrm.-hc-n is gab-fd from the d?fendant himself : Tbs cause of action is a promissor-- note executed lu the early part of 1881, the exert dib he ?a?not givu. Amouni ot. note four hundred and fifteen douars eighty one coats. Thia note Was given fer merohtndb* pur? chased sometime previous, probably previous- to lath December, 1860, though the note -sas executed subse? quently. Suit began, Judgment gives; and final process of execution issued the samo aa io tho first rose. Thone are tba only two cassa in wt J ch I have as spend ed action. There are other casas ia toe hands of the Deputy ?ff??*?! Vt ry respectfully your obedient servant, (Signedl 'EL T. FBANK. Bvt Lieut. COL and Capt. A 8th toirty, Com'dg. Post Offldsl : J. W. CiOfA, Oap*. d8rh W*tj?, At A. A. G. HEADQUARTERS, POST OF WILMINGTON, 1 WrxjsmaxD*, N. 0.,;Au|tist 17m, 1867, { arv. J. a. Ntff, D?P?ty v. 3. Martial, W?minatm, N. C. : Sut-My action ia ir spending, nett farther orders, , the execution of certain decrees of the United State* ; Conrtuin North Caro?na, itusmr-tal lo be enfarowJin I violation or General Order No. 10, current series, trina ? toa Headquarters Second Military Dtatrict, having been approval hy tho Major-aenorsl C?SnmeridiOg. I shad not. permit, until ? receive farther Orden, tba judgmsntor decree of any Conrt, to be enforced in violation of exist Inc orders, and shall use the neeessaiy force to prevent lt. Vory reepectfully, Your obedient servant ' [Signedl R- T. FBANK, Brevet Lt. Col and Capt ?th Inri. Comd g Post, Official : J. W. Ctous, Capt Ufith mri. A. A. A. G. ;H?U*????3^^ ' WlUm-QTO?, ?i^lngiiat 38tb, 1807. j Captain* J. W. Oatt, A. ^l.X*., Cntrtetton, 3. C.: Hm :-I have the honor to forward herewith the infor? mation as received from the Clerk of the U. fi. Court, relative to the two caaes referred to ts former letters: this embraces all tho information I have; or that I am able to obtain lu relation to these cases. Very respectfully, Your obedient servant, [Signedl R- T. FBANK, Brevt Lieut-Colonel and C?ptala Btu Infantry, Com? manding Post. A. teJ&j?- ["mvaauMn."] A. F.'MGOUE A CO., 1 Accrfptanai drawn-Lynn, Oct tu.. [18th, I860, sit months iJter elate. JACOB KSJXHWKILEX, f Amouat, $115 81. Sued to No? DAKHX lUB-trwaiiXi, J vsmber Temi of U. s. C?urt?;i86fi. Judgment therein U. 3. Court, 19?!, end executtoxT ac? cordingly. INote given New Orleans, La., April 6th, 1862; thirty diiye after date. Amount, siam. Sued Dasrsx KaHSTWIXL-ca, I to November Term U. >. Court, Ul-^^AMW ' j gt BSiSlgh, N. Ci Judgment therein June Tann U. & Court, 11137, and execution accordingly. B.a HALEIGH, NORTH GASOLINA, I ATOIJBT 26th, 18G7. j CM. S, T. Frank: ? Dz AB Sra :-Enclosed please find statement <? called, for to the Wilmington esses of ex?cution, now ii coairo rersy. Mr. Bidlicks' absence prevsitts his inclosing this airnadf out the tacts are as given. Hoping lt msy answer your request, I am, year obedient s<errant, ^flH ! rSigned,! N- P. OLD, For K. J. Bmmcx, Chirk of U. S. Oonrt Eeadquartsrs 3d Military District Official copy. J. W CLOTH, Captain 38tb Infaatrir, A A. A. G. C [From tkt SaUi?h RtgitUr.) CHIEF JUSTICE CHASE IK BALEIGH Baxjaoff, June 6.1867.-A lange number of the most llatingu?Ued members of the Bal ot this State, wen pr?sent st the opening of the H alted States Circuit Court, which took place ia. tho Senate Chamber this morning. Before proceeding to business, Chief Justice Chase made the following remarks: PractUionert and Gentlemen of tie Sar . -Before ptt> ceedingtothe regular business I think lt proper to ad? dress a few observations to yon. For mon than four rears the Courts of the Union were excluded from North, barolin? by tho rebellion. When ai tire hostilities ceased In 1866, the national military authorities took the place Of all ordinary civil jurisdiction, a: controlled its exer? cise. AD Courts, whether State or national, were- sub ordinated to military supremacy, and acted, where they acted nt all, under such limitations, and in such cases ss the Commanding General, under the direction of the President, thought nt do prescribe. Their process might be disregarded and their judgments and decrees set saide by Military orders. Under toase j clrcumstanoes the Justices of the Supreme Court' . abstained from at1f?tti<*tg the Circuits which included ' the Insurgent State?, their prjsence being unneces- ; cary ss the District Judges were fully authorised , by law to hold the Circuit Courts without Ute Justices of the Supreme Court, and to exercise complete loriadiction in tho trial of sh criiolnal and almost all Bini cases. Their attendance "rsa unnecessary for , mother reason. The Military tribunals at that time, \ md under existing cdrcurastances, were competent to the ; exercise of all Jurisdiction, criminal iud civil, which ; belongs, under ordinary circumstances, to Circuit : Dourta. Being unnecessary, the Justices thought that ! their attendance would be improper and unbecoming, rhey regarded as unfit in itself, and as injurious in many ways to the public interests, that the highest officers of the Judiciary Department of the Government should ; exercise their functions under the supervision sad con? trol of the Executive Department At length, however, the military control overton civil ribunals was withdrawn by the President. The ym of ? Habeat Co rpm, wltich had been sui [pended, was restored, ind mihtary authority in civil matters was abrogated, rhis was effected partially by the jiroclamatiOn of April, ind fully by that or August 23, 1866. That proclaaia tan -eins tated me fuB authority of the National Courts tn so [natters within their jurisdiction, and the Justices of the Supreme Court expected to join the Disti lot Judges hi mlding the Circuit Conrt during the Interval between Oie terms st Washington, Ou the 33d July, 1666, however, an Act of Ccngrssa re> luced the number of the Circuits and changed mate nally he Districts of which toe Southern Circuits weto com irised, without, making or providing for an allotment of be members of the Supreme Court to tba new Circuits ind, without such allotment, toe Justices af that Court lave no Circuit jurisdiction. The effect of the Act before *? aa to suspend the authority or Justices to hold the Cir :. mt Courts in thc altered Circuito. Thia suspension was removed by the Act of March 3d, 1867, by which a new ' illotment waa anthea Izad. Under this Act the Justices of the Supreme Court have again been assigned to circuit duties, and toe Chlei Justice has been allotted to bold, with the District Judge, the national courts in the circuit of which the District of North Carolina is made a part I am here, therefore, to loin my brother, the District Judge, in holding the Circuit Court in this District. It ia the first Circuit Court held tn any District within the insurgent States st which a Justice of the supreme Court could be present without disregard of superior duties at the seat of government or usurpation of jurisdiction. The Associate Justices allotted to the other circuits wul join in holding the courts at the regular times pre? scribed by law, and thus toe national ci . ll jcuHsdJction will be folly restored throughout the Union. H is bras that military authority is still exercised within^ttese Southern Orcuits, but not now, ss formate conse? quence of toe disappearance of local ?S?Sto??-?mia now exercised or^tQ?revent ^^V^^}0^^ and property, and to facilitate toe restoraticm or every ( Kto^Salrights aoa^iUtort?^ ^^ militai y authority does uot extend ^ *W Courts of the United States. ^^SimtotbT?X Republic. _ nnTTISL''occOlU> MILITARY DISTBICT, 1 ' /^??-1 C. August 37 th, 1883,' ? BOM WttS?Pia-w?' august 27th. 1867. j ". T w cJtut, A. A. A. Qe*'i,.,C\arle?tm, * C. CaP'- J' ?V 'r?Sihdsnt uifonns ma that, as Judge Chase ^^toCTbrdarsdid not apply tc htoCuurt-Or S??^ T 001 PU^-hermpposmttt to nineteenth (L* eighteen ?in^nn&w^^m Omoux. COPT : J. W. ?uwa, A. A. A. Oca't The folio?ria? endcrwmeii* WM pSftct? upon the for? gojjg* documents : Baspeotfnfr refasten to Bri Col. E. W. Damna, /ada ; Advocate, MMttitary District ; By comnukcd r f ^*lor-G*iwri5? D. E. S?CB&B?. J. W. CJVOCT, Capt 3S$b Inft., A. A. A. Oen'L [EHCLO?CnO SO. ALI HEADQBABte?S, ^MTLITABT^r^STBIOT,} ^CX^TAIH :-The^por?r?Uung toc^alitrof^h^iettiasl of thc United States Marshal for S?rth Carolina 40 cea form ?r?gulations pro rid?! by tte an&r?i J?? Dlafeiri. Comanndw, respecting anal arocettht ceriato aw? :-. Sftee^ been .?^jrir^ftaf abclt?T ; tubjiy ^r^^^^^PE^^?^^^^ h nc dry are very ?aroe^^^Uo^rir, pepulao^ aaitoj au n^sjof^r^ttef; and ' Tdraffer ?ll this to go ap .vnuimt' ?strahlt br ?medy. lato sacrifl ie the general good. Tbs rigaa of credit JW shall be rosoe?tedi b^iiaewi^?tm^^.9l^,ui moat be hoeded. Mored by atee rauddeef Bone, ?tte foDowiag tofpMcns ere *arM^--.T5u9i will eon mute to fnwevwito m?HB?K W?yrtamr*we<tti^ tte raegecAiv-? Tte CQinrfisndhtg Gecaaaleenietuy Staate?)?al <?ca? ftdcnUy bdlevfo,that, tho obawrsw?ci thjsnjBsftNa- . Uoiii, andtheccc^rattr-aof MjHnaz? lu tt st tb ea vernie? ctf iSinitry, t^rtfciriss, sud or^kai t ttoa, thus opened* will ce?t?b?te lo-ttw prnnxaan wel? fare ?nd futuro fcepptoess of ?ha ? ? ? ? ? ? ? '. * ?? ?*> ? ' ? ' ? ll. Judgiieiate cT it^ewfoeibeTMyea^^siJouiw TU causes ?rfscttoa wising between the-?rte, of Twctanfccr, mo, and the- lKh May,. \m, shan net be entewd by eiccvitloa agetoet the proptg??r-^>??e ff _tfa? de of ?cooa.:' ? -V ' <- ;; The Poet vjonuiaaudrT wM.i??#ttoteo-topiyv^i bvv ar^ta^^dtt .?^^ ^^^^^^J oral-in-Chisf, fend ''tte'lssJor-Osaeral ccaaoi? toling tila District, wi emby tte litter, tootsy, ?t&iei nreaivd wo exempt the United States Gen? trr?cea? &ol*;he&i;i order, iee been- wbsequen tey : a? dior ?sw?t l?gatift* tn? ecrttrworijihalty scooted. ?jr Meantime, ttapro^t?s?ntt?kf^B.;?sof Sho .2fel!Vu is suspended by tn?P&*t C'cruxtuaadi ir, by force. m th* ot^ofeatoorti* jkmefa ). toe-, issue by taeoroceedmga tov- -dies bten. MOOTS ~ yqesea, one side or toe other mur. pre ?til. ^ t"'tf^j^**' fold to th* hs*^^ uttlr,. on the oafr hand, and ca toecap tilting l^wach^ ^^^nmedlate^^^HHQj^^^^^' he prtipatij1' deem." rt hft' hign SJfoy to ^bOA??t, vmua fcxerdelng the f>iu.-^iont wi&v?alc&'h'e .W??irw?N< tn the execution of the Acta of Coagren- Thea?; yeople, tcreed in the dtva--istacc<s uainr-tiMet Uwd^fia? peuded:vere 'OOiitt?s^tBsi^o^HDB tiring the ? rigor ot tba yjfts 'IEAUT. rowedtea TU? popularity of Iba meoncre w^?i. j??eirt ,by ta* favorvriu vTblch it WM ^^^^R^^^gf11?' Courte, sHdhen ?re?? proSSej^he? ttw ?KO* teja??crt or permittUig non-r^sicaat cw?||jy to- haw the advan (?ge of thc ow^oslve. right to. ew^tow tplhe subaUiq* ot auforton#to-debto^?&fle Ca?i/iiuianac.aaot collie; No. 10 wOT?d fall witt MSgh?toe<^ Its distressing euScts' would bo wattie .oh erery aide; m tr??flp^)-7^i^dmm-handlseMCel?/jed; inba^ros'A intemiptcd; inu?gatoarod Wpe,ecetUti^.wset^ and destroyed,-h estates bres?n up ?od wld at nominal ;thed>tyoi. faa! ttOB^fwJBsass?HsWni: and ^ ojoclu ^vv^ue. But there u another ri. < ot tl ls ?aoj*c?, ol er. o, er Impc^QnceV^becauEo ^ ^^S^^3^uSKnmm\m3f?M? geiuual.?ttez^,^*ba4l?a*ee? prcaontodin vhe rr. ceding obeeryatioas, thoogh b4u>vad to otoQagiy suppcT1;. toe action of tte W?trtc' Oomtt?ader, relatos soMgr to the weBkreofOKa^sotinMiaa^ It re mains, to point out tact t?eralja great question ofrigtr^ involved, lethe detormia-ab?? which the whole coun? try U interested, sad ebM%4scldcA^sacr adr*rso ta it j cliiiub of the MilUwr QaajsMatU*. and in tenir ci' the reco?DiHon of the saahnrity ot the OnitedSwtesMa.- . aha! an paramount, would not only do violence tonrtixci plssotttR, but wjnKlcsrry ecaaecuanoes itnavmdably calculatoi to baffle and paralyze too bands of sBeaga?^C to (rood fitt, to toeworiuf tecoasti^^^ ic^respectiug^toc^ - tween th- District COPI minder and bis savorier oAcex the General-m-Chlef, thoro is no"caie"ln Sus matter properly before any dettrminiig outharity or ir- ?ny rorum. if hsbillty far disrepecs to the Uixitod Btatee Circuit Court- to Norte/?sH& .afTic reaictisg ?to, offiosn, or obstructing its' I?CCOM, i. predi the Pest CauLUiiidar ot Wilmtofton, cr any other nerty cv parties, to tte transaction* mat eavr isfcen jh^-fta tow provld i a penal remedy, and th* ptactice of the Cour. preacsL;?? tl? mode ot prooedure acccetltog to which the offender or cutenders nay be dotti with, It SM sirs ?bat the provnt?ous of Geaeral ?rder Na 10. directing tito stey. tte eaJetcemsnt of wMca latommto sion of too Court and tte auhtary autoottbee ; and WA runtiot tl ut, If tlie matter were br?|jght before tte Ooo? it ?ha next term, there wonk! be ad^ffarence of oot&ioa diactosed between tte Judge and the Oosanao^sag. General. For' all that is known, neithw the District indee nor Chief Justice Chase ts Inclined to disputa' tte validity and binding for?a of too provisions of toa order. lt ls tm* the Chief Justice is retKSrMtolateiaoaKdr. ed, In his address to the DAT at Haleigh, toot "tte rrait tary anlhority doa* not extend in any respect to tte - Courte ot the United Statea" But this observe??u waa made before the paMage.of. tte Act of JulylCtt, which defined with enlarged scope tte pom* of Dtetxtot Com? manders; and, moreover, there te nothing in the remark that can t* construed ta denytag tb* power of the Cam mander v> modify the looalssw, nor a? reftistogto ooo. rora thereto to the exosntion of tho procees of thai Douri. Had not tue Mavahal nu'ic such hseto to preis toe issu,), it would not be now bete? fay departmaat w ofneer oi the Goverunumt., Tte regnhu- conrea vonid seem to require that the Manhal sb oula, at tits next term, when and where ?teme (kt frccm it, hf* iaadri* properly returnable, bring to'tte ?ttentiou of tte Court, la the onsUiinary manner, any hilfeviistam or repraaan ta?oii touching alleged obstructions Cf his proceeding that ho may see fit It win fien ead there ? md the* and 'Xrrt on/y-be ?Utable and legit?mete for the subject to be farther treated by tile dvti srthartileo. It ls reasonable to balleveust When to* coatoov&rBy which ha? been needtetily traratierred to as improper arbiter, lheli be brought before the learnsd sad th? Chief Jutrtice, his eptighteOfd judgrnant, Affected by evento in which be- har terns cwjipicuoua sui iHustri- '. ow part, wiuflgpsoptry sae to.tte eIrcam?**onoi <rf the caa? ample reason to adopt the spirit o? th? laagnsge or Mr. Justice- Storr, -farthe faxotifar csa> or^?toi vt. HAuRfaton. ? Faters, S. a H., 329, wbert?a^^mae locallaw. - . . ' ? . That accomplished Jad? said: . "Ins Procew Act of ITS?, 0. il, expressly adopted tts tem af wnte and modes of process ot the ?ate Courts in ?eft? St common law. Th? Actof VW, ?; 3?,.peintsaon^aintskaed the form? af writs, executiona and otter yqjowa^sao;.too lortoseMdmiKieeof proceeding tn tum'acCMSlOn BOT. then tn meta the Oourte of tte ?idtodTMatse, ukdartk? Process Act of 1780, but witt, tua die^rspoe-^Ba* ttoy were eubject to euciralters?on and addition? M-the ?ya Court? respectively should, in their alteration, deem-ex? pedient, or toeuch reguU?oo? as toe Supreaus Court cd tte?nited States should thlak proper, from thus to time by roi?, to prescribe to any Circuit oe District Court concerning the same. The constitutional validity ?Sd extent of the power thus giveu to the Couru tS the United States, to nuke aRertt&ms eod Zadihons to tte presence, sa we? M in tte nooda* vf pro- . cealisTu suits was fully considered by tba Court in tho case of Wavman PS. Southard. Iff Wheat 1; and the Bans of the United State? rr. Halstead, 10 Wheat, 61, it was there held that this delegation of power by Coa uTess wa? pwfcctiy confltitutlooali that the power to al? ter and sdi te the proeeea and modes or proceeding in? gait, embraced the whole progress of euch ?alt, ann every transaction In ft from Its commencement torts termination, ?nd until the Judgment should be ?stfa fied- ?ad that it authorised tte Courte to preatrtbeaad . regulate the conduct of tte officer in tte execution pr fiaal proceas in giving cflect to it? j augment And il was emphaucxUy laid down that "ft general su perin, enaeoot over this subject ?eem? to be properly within the juul elsl province, and bas always been so considered, ** sad that ?'this provision enable* the Courte of toe Union to make such improvements In i te forms ?n? mode? of pro? ceeding as experience may suggest; sad especially to adopt such State law* OB ttl? ?object aejataMvarv to ^vantage tte terns and mode? of proceeding wtosb SLe^??? toe^aui^^ UnUed^?a f w. Halstead, te, ttat; ttl Coarte may, by tts? rates, act ?gTf^Jha forms,butfhootkft^J^a.^^^MT*<~^ofttepeas*^ wkett "ttatetatty^elcn^^ StiSelevrttobe ^J^^Sl^ verb, which waa not tiwexaan^ed. oat bsa teen ni would disoovsr ^^.^^?^^orfteto ic* ^mcoun?verttote rsaeou? way ?W (toort uhatflHH ttont is called te hy Justice and expediency. 1?^ ^ (cosrarcxa os'Tortxa raer.] -