The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1865-08-29
Headquarters Dept. of North Carolina,
(Army of the Ohio,j
Raleigh, N. ., Aug. .11tb, 1865

hdIeISH, ~ -, mug. lCDJ 1000. J
His ErceU<"cy ". " Hoidcn, Cor. orN e
Sir:--I have the honor to acknowledge tho
receipt Of your letter Of the - inst, in reply to
mine of the lst, touching the subject Of juris.
diction Of military tribunals 10 this State. As.
you express your intention to lay the matter be-
fore His Excelency, the President, it would
seem that, in view of the probable aud speedy
and authoritative disposition Of the question,
further discussion by me would have no mate
rial Influence Oh the result.
But 10 your communication some things are
said from which infer that differences were
drawn by yourself of my opinions on some mat.
ters not intended by me- In relation TO such
matters, wish to state my views. la the first
portion of your letter, after quoting from mine
of the lst inst, you say at is but just 10
ference from this paragraph Of your letter, that
you deny the existence Of any civil law in the
State, or if there be, its execution rests solely
with the military" This inference you supper.
by the supposition that, owing to the confusion
and conflict that might grow out Of concurrent
jurisdiction between civil and military courts, il
cannot bo supposed that it was my purpose to
maintain, "tAat if the civil courts hSye jurisdic.
tion, the military courts may take cognizlnce
also" did not intend to maintain either that
or the contrary, nor did l intend to either affirm
but only to maintain that the military tribunal
had jurisdiction Of the entire subject Of the pre-
servation of order. 1t was intended as in reply
to that part OF your letter Of July 9th, express
sive Of your conviction that the civil courts had
sole and exclusive Jurisdiction Of the case in
question. On the surrender Of the rebel forces,
and the occupancy Of the country by the forces
of the United States, there undoubtedly was, by
the condition Of things, martial law, and none
other, in the State of North Carolina. Such law
as it appears TO me now exists, except in so far
as modified or restrained by the proclamation Of
His Excellency, tho President Of the United
States, of date of June 18th, 1865. Said pro-
clAmation does rot, it appears to me, in any
manner take away the power previously held by
the military authority to try citizens for acts Of
violence amounting to a breach of the peace. /,
of course, did not know that your proclamation
of June 18th last, was previously to lis publica-
ton submitted to the President But on the
supposition that it is expressive Of the Presi-
dents will, do not know that it is unnecessary
inference, that because it provides for the hold
ing of civil courts of criminal jurisdiction, thaa
military courts cease by that fact, to have jurs-
diclion of any matters that might be brought
before civil courts If this were so, it would ba
impossible for the military authorities to execute
and punish the violation Of orders issued by the
Department Commander, which have not been
counteruanded by superior authority, and also
orders issued by the War Department and So
perinteudeDt Of Freedmen, and approved by the
President himself
You say, Il deeply regretted to read that por-
ton of your lotter in which you say, From my
own observation and information obtained from
the Commissioner of Freedmen, &C." 1t was
not. intended by me thereby toexpress any doubts
as to the virtue of the people of North Carolina,
nor any want Of confidence in tho Jures con-
posed of the citizens Of the State. I know Of
nothing to cause distrust of the wen known rep
TCcn.iaued on Fourth P1gc1