The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1865-08-29

! pointed by the Governor. | can well see the
high necessity of the military law, taking cog
nizance of all such matters, as might affect the
interest Of the United States; but do not feel
the force of the argument, which maintains
that if two citizens, freedmen or freemen, upon
hot words, make an affray, the military interests
of the United States are so concerned as to re-
quirc that :he trial Of such an act of violence
should be transferred from the civil courts to
courts martial -
Recurring to General Orders, No. 100, oc the
Department of War, dated April oath, 1868,
entitled "lnstructions for the gorcrnnaent OF
armies ofthe United States an the .feld," see
nothing which impugns my views herein ex-
pressed In that order it is declared that "the
presence of hostile army proclams its martial
law,"-Sec. l, par. l. "Martial law does not
cease during the hostile occupation, except by
special proclamation, ordered by the Commander.
-chief."-Sec. l, par 2. And again, s4he
commander OF the forces may proclaim that the
administration of all civil and penal laws shall
con,ir1e either wholly or in part, as in times of
peace, unless otherwise ordered by the military"
Sec l, par. 3.
ln what light can I regard the proclamation
Of the 18th of June, submitted 10 and approved
by the President, bur as virtually his own pro-
elamation ! In this light have regarded it.
In vindication of the jurisdiction assumed by
you over the three citizens Of Person County,
you inform me that at the time of "tbe arrest no
civil court had taken coSnizance." The procla-
nIaton Of the 18th of June contemplates several
means to preserve the peace and vindicatc its
violation First, for its preservation many JUS
tices are appointed for each County, who are in
slructed we'll by their oaths as by the procla-
nation, to arrest and commit for trial when the
courts may be held, all offenders against the laws
Of the ate in force prior to the 20th May, 1861,
and TO allow bail, &c. These Justices a1e not
empowered to hold any courts of criminal juris
diclion but only to arrest and hold for trial,
when-the courts shall be held. The trial court
is not called into actual organization until the
crime is committed, and if il is of grave char
acter the court will be convened to try the case
50 soon as the Governor shall be notified of it
Ii the eases are trifing or not requiring speedy
trial the offchdcrs will be confined in Jail or put
under suitable recognzaDec for their appearance
when the due administration of justice shall, in
the Gayernor's op:nion require it. He is him
self the great cOnservatOr OF the peace OF the
State. Now, inasmuca as by the custom of the
State, which believe to be universal among the
people, the trial Of otfenses must take place 10
the counties or districts in which they were
committed, it is impossible, without great ex-
locality where crime may be probably commit
ted. Before a grand jury can set or bill of in
dictment be found Judge must be commits
stoned to hold the court. This delay in bring
ing offenders to trial, you seem. to regard as
highly Objectionable. The answer is, that such
delays are incident to the mode of trial by the
civil law, and have been tolerated for ages not
withstanding, and the trial by the court Of Oyer
and Terminer, may be, and generally is, spcedier
than the trial 10 the regular course Of fixed
judicial system as practised in the State before
the rebellion. 1t has been my fixed purpose to
call court of Oyer and Terminer whenever
cases should occur requiring them. My deter
mination has been to have justice administered
as nearly as practicable, after the ancient, long
tried and long approved mode used in the State
Our Superior Courts which have exclusive juris-
diction Of high crimes sit but twice in the yeap>
yet we have not found thai this delay was any
source of decentralization among the people of
The State.
1t is true that have called but one court La
the late case of Mr.. Nicholson, should have
called one, but you and both concluded that
the case was proper onc.for the civil courts
have heard Of no case Of homicide, either of
freedman or freeman, where was not prepared
to issue commission to try it, if the military
had forborne to anticipate me- | have now ap-
pointed several Judges to hold such courts when
needed, if they may be allowed to do SO. l
deeply regretted to read that portion of yeur
letter in which you say, "from my own observa-
ton and information obtained from the commits
sioner Of freedmen, I am Of opinion that acts of
unlawful violence towards the freedmen are be-
coming more frequent: The first effect on the
mind of the people cf the dispersion of the rebel
forces and the occupation of the country by our
troops is 10 measure, wearing off, and the ap-
parent apathy and stupor resulting from the
changed condition of things is replaced 10 the
minds of those who give up slavery with reluc-
tance, by feelings Of hostility to the freedmen.
Under all the circumstances I think that the
restraining influence of prompt trial and punish
ment of offenders, particularly those guilty of
homicide, by military commissions, is the only
adequate remedy for the existing evil The
action of grand juries would not, fear, under
the condition Of things now existing in the
State, correct the evil"
The State previous to the rebellion, had with
in it's limits many free citizens of color, who have
ever been entitled, as the freedmen now are, to
the same mode Of trial By jury as were the whites.
And whites have frequently suffered death for
outrages, got only upon them, but upon slaves.
The State, In my judgment, has no cause to
blush for its administration Of the law, hereto
fore, where the free person Of color was con-
ccrLed. am sincere lover of its reputation,
and would deeply lament TO see Its sworn trbu-
mails ojustiee oppreas, in administering the laws,
.he weaker race OF its inhabitants. / cannot,
therefore, sympathizc with you in your alarm for
the security of the freedmen, when placed under
the protection of the civil laws aud courts Of the
State | should do injustice to as honest peo-
pie as exist any where, if, after my long obser-
walton of their dispositions to administer justice