Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-04-18

| III
| No jarrIng discord Of hate or wrong
DistuIbs the how Of the magic numbers
| That sweetly blend In that deathess song
| : Then, when our life. hymn at last is finished
When sleeps the clay In its kindred sod,
Rejoicing angels shall sing Its anthem
Before the throne OF the Authorized.
APRIL, 1863. UNA.
Protest of the u. 3. District-AttOrney at
Key West against the Transportation
of Families to Rebel Lines.
U. s. DIsTRrcT-ATToRNEY's OFFIoE,i
KEY WEST, February q, 1863.
SIR: My attention has. been called to your
late "General order No. TO-" In which you or.
der and direct that, "In accordance with instruc.
tions received from Headquarters, Department
of the South, the families of all persons (whte)
residing within the limits of this command,
who have husbands, brothers; or sons in rebel
employment, will hold themselves In readiness
to embark on board the first available transport
| for Hilton Head, S. c., with view of being
placed within the rebel lines" Ihave too
much respect for the name of soldiers to be-
lievo that any officer Of the army of the United
States would issue an order which, at the time
OF issuing 1t, he did not intend to execute.
have been informed by persons OF perfect cred
ibility, who have conversed with you on tho
subject, that you consrue the words "rebel EN-.
ployment," to include all those who have "hus
bands, brothers, or sons" residing within the
control of the rebel pretended Government
| tits with the greatest reluctance that tender
my opinion unasked to an officer of the Govern.
ment in different branch of the public service;
but my anxiety for the good namo OF our couu-
try determined me, after deliberation, 10 ad-
vice and notify you, as the law officer o. the
Government here, appointed and sent here, by
The present Naturalization, that your General
Order No 10 is illegal. Itis illegal upon every
principle Of constitutional right; II is illegal
uEon every principle Of the Law of cJnquest of
territory; 1t is ilegalup3n every pinciple of per-
sonai rights founded on natural law; it is VIOLA
tive of every principle Of law, justice or hu-
manity.
Every person Injured by the order will have
his remedy in the other court here and in every
other court of the civilized world, having juris-
diclion over such matter, against any person
instrumental In iis execution, wherever such
person can be found. No plea Of superior
authority can shield any person, humble or ex-
allied, who shall assist in the execution of this
order, from the demand of any person who NAV
suffer damage by its execution.
Under any other circumstances than the pres-
ent, that ! can conceive, should not feel
called upon, nor, perhaps, should think it
proper, to do more than simply give my opin-
ion, basing it upon my knowledge of the law
and my official position, without entering into
any lengthy statement OF reasons and Greu-
ments In the present case, however, nv firm
belief that the execution of the order referred
TO, or the commencement of its execution, can
be nothing less than black disgrace upon the
American name forever, oompels me to point
out to you, with as much brevty as | may be
able to compress my suggestions into, some of
the reasons Why this order ought not to DO car
ried out.
The authority Of the Government of the
United States has never been overthrown on
this island; the customs have always been col
ected by the Government collector, and paid
into the Government treasury. The Judgments
and DEGREES of the United States Court here
have always been enforced, and have never
been resisted.
The inhabitants of this island we're once cit |
zens of the United States; they owed the Gov
ernment allegiance, and the Government owed |
them protection. The so-caled ordinance of
secession of the so-callei Florida convention
bad real, lawful effect to dissolve that con-
neetion ia relation, Or II had not that effect
All loyal men maintain that IL had not; else we
should be Waging an unjust war upon weak
OF the so-called ordinance of secession, then |
the inhabitants of this leland still owed the
Government allegiance, and the Government
still owed them protection. But at the incom- |
ing of the present Administration, there were
persons here who did not conceal their hope and
wish that the authority of the Federal Gov |
ernment might be wholly overthrow and de- |
stroyed throughout the whole extent of the State |
of Florida. rebel pretended government |
denounced death against all who should sup. |
port the authority Of the Federal Government |
within the limits of this State. Under these |
circumstances, and in the face of this denun. |
clatlon, the Government rendered the oath of |
allegiance, and solemly contracted anew to |
perfectly protect all persons who should take |
that oath and abide by 10, In oil their rights. |
Those who chose to take the oath did 90, and |
have (this is an assumption that they have the
right to make until the contrary is proved, and |
which belive) kept IL In most credible man |
ner; those who did not choose to take the oath |
went away. Now we tul those who took the |
oath, and who'have kept 1t, over to the tender |
mercies of the rebel Government, which de- |
nounced and denounces death against them
The oath Of allegiance has become q snare,
loyalty capital crime, and the plighted faith |
Of great nation q feather In tho wind.
Pardon me, sir, for warmth of expression |
unusual in official correspondence. This 10 In
famous beyond all the names of infamy-be-
yond ell the infamies of history. congratulate
you that the order indicates on its face that IL |
did not originate with yourself. Its,author, If
he issued IL with full knowledge of facts and
consequences, deserves the universal Kissing |
execratlons Of mankind forever; If he had no |
such full knowledge, his recklessness renders
him little less execrable. The same may be |
said of the instigator or procurer of the order.
The inhabitants Of this town haue coastitu-
tional ri9hts. If any man has violated the law,
there is a United States Court here that will
bring accuser and accused face to face, and not
spare the guilty. ga~
Your order, with your construction, would
send the President Of the United States within
the rebel lines, where he would not probably be
kindly treated; IL would eend nearly half the
officers OF our army and navy, and, as / am
informed, Gen. Hunter himself, the present
head of The Department of the South. .iu
Refugees who have just escaped from the
violence Of "husbands, brothers or sons in rebel
employment" must, under, your order, com.
mence their return journey within the rebel
linea--to be murdered.
The execution Of General Order No, 10 will