The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1865-08-29
Ileadq'rs Department of North Carolina, !
Raleigh, N. c., Aug1, 1865. {


His ErceHcncy ". w. Holden, Co., ofN G.:
Sir:--I have the honor to acknowledge the
receipt OF your communication of the 9th of
July, requesting that three citizens Of the Coun-
ty OF Person, State of North Carolina, Dow held
for trial before military commission, under
the charge of an assault made by them upon the
person OF a freedman named Currie, 'be re-
manded to the County of Person for trial by the
civil tribunal of the State regret that after
full consideration Of the matter, it appears to
me inexpedent to comply with your request
The reasons Influencing me are briefly as follows:
In your communication occurs the following:
"Ihls is matter in which conceive the Civil
Courts have sole and exclusive jurisdiction"
Without considering the question whether
civil law is SO lar operative to give civil
courts Jurisdiction of the case in question, it
seems clear to me, that without doubt, military
tribunals have jurisdiction in all that relates to
the preservation of order including the trial and
punishment of those guilty Of acts OF violence.
One of the important duties Of the military au-
thorities during the interim, prior to the COM
plete restoration and full operation of civil law,
| understand to be the mantainance Of good Or
der and protection Of society from acts Of vio-
leuce, and this duty must necessarily carry with
it the power CT its fulillment. 1t would not,
under existing circumstances, as | believe, be
the duty of the military authorities to await in
case of the disturbance Of the peace, or not
amounting to hostile act to the government, the
call of the civil authorities before interposing
for the preservation OF order, but that they
would be in duty bound tos summsrily quell
such disturbance and bring the guilty to pun
shment. Neither do [ believe that the militia
ry authorities would be bound to obey writs of
haJeas corpus issued by the State Courts. At
the time of the arrest of the citizens before re.
ferred to, no civil court had taken cognzance Of
the matter.
Magistrates were some time since appointed
by your Excellency and have been acting in
the various Counties of the State, yet in no in
stance have heard or known of official notice
having been taken by any of them Of acts OF un.
lawful violence towards freedmen, although
such acts have been by no means unfrequent in
the different sections Of this State.
Of late, several cases Of homicide Of freed
men by whites have been brought to my knowl-
edge, but in case, so far as [ have learned,
was any arrest made by the mag sistrates or civil
officers, and no attempt had for investigation.
From my own observation and Information
obtained from the Commissioner of Freedmen,
[ am Of the opinion that acts Of unlawful yio-
leDce towards the freedmen are becoming more
frequent. The first effect on the mind Of the
people OF the dispersion or the rebel forces, ana
the occupation of the country by our troops, is,
in measure wearing off, and the apparent apa-
thy and stupor resulting from the changed con-
dition of things, is replaced in the minds of.
those who give up slavery with reluctance cs'by
feelings of hostility to the freedmen. Uuder
all the circumstances, think that the restrain
ing Influence of prompt trial and punishment of
offenders, particularly those guilty of homicide,
by Military Commission, is the only adequate
remedy for the existing evil. The action oil the
Grand Juries would not, fear, under the con-
dition Of things existing in the State, cor
rect the evil
There are at present, several citizens charged
with homicide, held for trial by Military Com
mission at different places in the State. In all
cases of Importance, the proceedings will be for
warded to Washington for final review and Or
ders. If it shall appear expedient to you to
refer this matter to his Excellency the Presi-
dent, respectfully request that copy of your
communication, to which this is an answer, and
also this my reply may be sent, that my motives
and the reason Of my action in the matter may
clearly appear. | regret that we entertain diff
ferent views of the subject.
Very respectfully, your obedient servant,
THOS. II. RUGER,
Bres't Maj. Gen S. Vols. Comd' Z.