The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-12
CAPITAL.
Important Decision by Judge Underwood
In the United States District Court.
The Presidents PrOclamat ton Dees Not
Restore the Habeas Corpus.
--~>~~--~~D~~~---~
Orders from the War Department
Declaring Military Law Still in
Force In the South.
Sale Of Liquor Prohibited in the Capt.
tol Building.
Reimbursement Of Missouri for
War Expenses.
Nearly Seven Million Dollars Appropriated
for the Purpose.
&c. &c. &e.
Sale Of Liquor Prohibited in the Capt.
tol Building.
Reimbursement of Missouri fol
War Expenses.
Nearly Seven Million Dollars Appropriated
for the Purpose.

decision of great importance was made to-day by
Judge Underwood OF the United States District Court
for Virginia sitting in Alexandria Thomas Gravn was
tried some time since before the Provost Judge
Freedmens Bureau law for assautng and injurlng n
negro boy, found guilty sentenced to pay five
dred dollars damages to the boy and to be imprisoned
until the damages paid. The sentence was ap
proved by General Augur, commanding the military dis
trct An application for writ of habeas corpus sued
out by Garvns counsel, under the supposon that the
Presidents last proclamation restored that writ and set
aside the operations OF the Freedmen's Bureau court.
The prisoner brought befyre Judge Underwood the
case ably argued for hours and decision rendered
that the Presidents proclamation did not restore the
writ Of habeas corpus II rumored that If this de-
eison had been in Garvns favor similar application
would have been made in the Of JEFF. Davis.
MILITARY LAW STILL TO BE ENFORCED THE
SOUTH BY THE WAR DEPARTMENT.
An order has been issued oy the War Dep artmcnt to
all the assistant commissioners OF freedmen in the South
States nstructing them to inform the people that
the recent proclamation OF the President did not release
them from the operations and government OF military
law. 1t is cautiously worded, and, while not declaring
martial law force throughout the late nsurrec,ionary
States is calculated and intended to create the popular
impression that such is the fact The order is kept
close and not allowed to be given out for publication
THE NEW TAX LAW.
and Chairman of the Revenue Commission have yet
complete list OF articles proposed to be exempt from
taxation Consequently all lists Of exemptions hereto
fore and published incorrect and incomplete
The list known to embrace great many articles not
hitherto specified. II is not expected the bill will be
ported this week. There still some important ques
tions TO be considered by the committee before will DO
ready for legislative action.
THE NEW YORK CoLLEcToRsHIP.
The President has not yet appointed customs colec
for the port of New York. but there is to be-
iieve that suspense this subject will be removed
THE CIVIL RIGHTS BILL.
The enrolled Civil Rights bill last night ned at The
State Department and will tomorrow be officially pub
lished as q law.
TESTIMONY BEFORE THE RECONSTRUCTION COM
MTTrHE.
Mr. Thomas NJ Cook, editor of the Wilmington ~ CO.
Herald was examined at great length by the Recon.
struction Committee to-day. The chief interest attach
ing TO the testimony of this witness was his exposition
of affairs in Richmond Immediately upon tho surrender
OF Iee's army including the circumstances attending
President Lncolns visit that CITY, embracing facts
communicated to the NEW YORK HERALD at the, tme OF
which paper Mr. Cook then special corespon-
dent Mr. Cook testified to the propositions submitted
nv President Lincoln Judge Campbell looking TO an
adjustment Of the relations OF the South TO the Union,
In which Mr. Lincoln suggested three points as essential
10 peace First the DISARMAMENT Of the rebel armies
second the full submission Of the Southern people
% the authority OF tho United States and,
third no abatement by the Executive from
his position on the emancipation of the slaves This was
submitted to Judge Campbell, in Richmond few days
after the rebel evacuation Of that city and was subse
quenty reclaimed and suppressed by the military on au
thorty transmitted from Washington II was the more
important for added paragraphs In which the late
President declared that any propositions not inconsistent
with the foregoing would be received and considered In
spirit Of kindness and borality; also that those who
should Immediately accept these terms would place
themselves in a condition TO avoid the operations
of the conhsca,ion law, the execution OF which
was optional with the President Mr. Cook also
testified length in regard TO the call issued under
permission Of General wctzel for the assembling
of tho Virginia Legislature showing that the original
authority for the meeting Of that body was
riyen by President Lincoln note addressed 10 Gene
raj weitzel from City Point the day following the
Presidents visit TO Richmond, and was granted in r.
Spouse to request TO that effect emanating from Judge
Campbell on Mr Lncoins return 10 Washington this
permit revoked but the suppression Of the crcnm
stances has tended hitherto 20 imiress the public mind
with the opn on that General Weiize was responsible
for the call Of this legislature Tie testimony Of Mr..
Cook Is conceded to have established the fact that Mr.
Lincoln To the extent that bis policy Of reconsructon
had been developed at the time Of his death, was
even more conservative and literally dlspo'ed
towards the South than has been his successor. II
should be stated that Mr. Cook spent six weeks
IN Richmond in the Investigation Of the matters
OF which he tcstnas, Immediately upon their
occurrence having been assigned TO that speca duty by
the NEW YohK HERAtD lie IL therefore a competent
witness He also examined regard 70 the present
etate OF feeling In North Carolina He considered tho
reople Of that state with perhaps occasional nsig
he in tlafr hmm iaca
There Is no intention disposition among those whc
we're seccsouists the attempt 70 scccde from
The Union Neither does b. think that In the event OF
fore n war any portion OF the people Of that state would
i,in the common enemy. He Old no, remember OF hay
ing heard dgnng residence % over year M the State
OF any coniomptuous expressions towards the govern
MON or any branch OF o. OCCASIONALLY individual
member d Congress wold be severely de
,,,nced elsewhere; but such foundations by
no means arpaed to the body whole. H. I'D not
believe the people Of Nor,n Carolina ready or will
inv 70 treat tho freedmen fully an equal they wer,
willing 10 admit b n 10 testify In where ho vas
PARTY in interest 70 sue and be sued hold convoy and
bcqaoath real estate &c ba, thew would not permit
him 10 st IN the Jury box vote or TO hold Once. Th'
people were wiling that Tho negroes should be educated
but were opposed 10 tho efforts Of Northern mssonare
90 that effect because u the disposition Of such mis-
sionares to interfere with the peaceful relations o.
servant and employer In reply TO- question me WI
stated thathe did no; believe The southern WI"
pdfle yet prepared TO undertake the educauon o.
blacks, but he thought they we're coming TO H. In reply
10 another question be stated that be believed southern
jury would pass honestly and fairly upon The case Of any
negro that shouh be brought before Il The recent ca'
Of the Judicial foggng Of IN tho streets Of WI
rington did MT disprove this There are no psni'en
tiaros in Norrt Carolina ard feionics, whether CON
rnnied by black or whites are punishable by whipping