New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-08-19
Court With list Of the ner,cn, doing busne5s with

oyerfor few DAYS. 30 as to enable the parties 10
escape prosecution By coming forward ID me
and paying their taxes. Aotusted solely
by n desire to enforce the law, without aDy DISPOSE
,bn TO be harsh OF rigorous, l adjourned tie
Grand Jury over for ~eek, amounting, 81 the time,
that no person would be presented or indioted ~ho
should pay his license tax, dGnug the interim.
feo, and - (ep only did 80.
The Grand JaTy met pursuant TO adjournment,
and found indictments against some thirty cc.iB-
auents. Snmnuas 70 answer was regularly issued,
served and returned executed On the DAY set for
the trial. the defendants appeared by Hon. John l.
Million formerly meuber Of Congress-, and James
z. Ford, Esq, their counsel; and moved eoh'in'
uauee until the next term the l1th OF Roveh'O'i
next. The only reason assigned m supper; OF 'he
motion for @ continuance was, that they had net
had sufficient time To prepare for their defence Ine
plot,on was resisted by the attorney FOR the 0"h',
monwealth, and discussed with much warhth "lo
ability On both sides. refused the apPiic' 'oA w.
u continuance uItl the ne,t torn, Dn' PoSPo"'"
the trial ten days. well knowing that IN case vi ~
simple nature, very little, II any tiine'
oured for preparation; because II the Proseo"''''
f;cd Ia urove the fac; that the defendants were 40
inc husiness without bceDse, for which license war
required, their scqu.tta was Inevitable; anu - -,
prosecution succeeded in pTo''ng That '"''' "A
they could not SHOW they had license ana h'' paw
IN. fax. no successful defence ecold be mfae' IL
they had license and had paid the FAX, ID WAS 'e''
eusv for them TO show it, that being negative
ayerment which the law required them 70 prove "o-
csrse il was q fact which lay almost exclusively
within their knowledge and power.
Before the days elosped Bngadier General shep-
ley sent for the Attorney for the Commonwealth
and requested him 70 postpone the trial OF thes'
cases until after the Gath of June, tho day OF the
city election, az lac Intended with the concurrence
of Gen Butler, to submit it 10 tho popular VOC
on that day, whether Civil government should DO
continued or abolished; and further sad a. Si.
Porter told me- that if majority OF the Vo'es cast
should be for civil government, 1t woult 10 SLOWED
TO continue. and the trial OF those eases would 90
on but if tho trial no; postponed as ne dcsed,
he would interpose, and stop the proceedings OF tue
Court by force.
Porter replied tina. the matter Of continuance did
not rest exclusively with him, but that Lo would see
other parties who had more authority than he had'
aud appnse him Of the result He immedia'ly call
ed at my house and communicated to me The facts
above stated. told him to inform Gen. Shepley
that would decide the question Of further con.
.inuance If AT application 10 hatefect was made be-
fore mein Court Heidi 30 and further stated to the
General that il thenai should be had before the day
Of election he would give him adays previous notice
Perceiving tina; conflict between the civil and
military authorities was imminent, and desir-
ing TO avert it il possible, and preserve good
feeling and harmony, proposed that we should
20 TO Washington and see the President upon
the subject. To this he assented. adjourn
cd my Court Until the next day, and wo took
the boat for Washington. OaiDg to va
riety Of circumstances which il il unnecessary to
mention, il was some weeks before We succeeded In
getting oh interview with the President. Previous
to this the Attorney Gen. of tho State, had address
sed letter 10 Attorney Gen. Bates upon tie subject
Arer this, papers were prepared upon the same sub
icct, by Porter, myself, and Governor PcirpoiDi
the last addressed the resideDt, and all placed
: in the hands Of Attorney Con. Bates by whom
they were submitted TO the President, accompanied
by written opinion by him in his official capacity,
strongly condcmnatory Of the action OF the Military
authorities in reference 10 tits matter.
| when we called on the President he promised lie
would decide the matter after calling in assistance.
On the next day il was submitted 10 the Cabinet.
The day thereafter We went to zee the President,
but he had rode out with the Secretary o; state.
Anxious TO learn the probable result, we called on
tho Attorney General. who tod us he thought the
action Of General Butler would be revoked in some
form or other. told him was going to Norfolk
to hold my Court, and he approved Of NY rapose to
do so. That day left Washington, arriving al Nor
folk on tho following Thursday morning. Ny Court
had not finally adjourned but by Law the term bad
expired in consequence Of the lapse Of more than
three days since the last Adjournment. The license
cases. besides some other Of civil nature in
which the parties ready and anxious for trial,
had not been disposed Of IA authorized by law in
such cases. issued my warrant calling a Special
Term on the following Monday week, tang. lst) |
had II published III the hep Regin's, Gen. Burers
organl also in the Old Dominion. OIs Object in
calling special session was 70 test the question
between the civil and military authorities; bu, that
was not the omiy object Had no sucn occasion
existed. | should have called Special Session, at
that time for the trial of the cases udeposed of at
the preceding term.
| Once before was under the necessity Of calling
q special term of this same Court, having been call.
ed 20 the Eastern shore, during the session visit
Wy mother in her last Illness the term having end
ea by operation Of law as hereubesore stated Prior
ID this the election had been held aud OJ yo,escas,
against civil government and 10 directly for it
buvthc Governor having previously by proclamation
requ. sted he loyal citizens not 10 vote in thsquoU
ton, S,hey abstaincd from doing but ~ of them