Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-09-06
LATEST TELEGRAMS.
MIDNIGHT DISPATCHES.
ZEN. sieIsIcs' Letterao gen. Grant.

NstA. HhtAAfS AseAttE 40 ven. Ofants
WAsHrxGToN, Sept. 5.-Permission has
been given for the publication of Gen.
Sickles' letter to Gen. Grant, on the subject
! of the controversy in North Carolina. It is
dated Both August, and was written before
I the acting Attorney Generals opinion, on
which the President removed Gen. Siekles,
appeared, vet it may be considered an
answer to Mr.. Binckly's communication.
Gen. Siekles, in compliance with Gen.
| Grants instructions Of the 24th, reports the
facts and considerations bearing upon the
question which arose in North Carolina
between the civil and military authorities.
He says: ~ -
The charge that have made an issue
with the Supreme Court and set at defiance
the DEGREES is utterly nnfounded. If a su-
bordinate functionary of court of the
| United States, whether for his own pur-
pose or those of any other, choose to exc
| cute his functions by that order, he must be
controlled, or else the military authorities
established by Congress over these States
is to be deferred by him and thus held up
to contempt The issue is made up osten-
| sibly with military commander but, in
! fact, with the Congress of aese-United
States. The military force in these States
are here to execute the laws Of Congress-.
The authority given has been
confirmed, and the discretion by which the
authority was controlled, has been en-
larged. It would be invalid to charge me
with want of proper respect to the Judici-
airy Department, when, to the utmost pos
sible limit to which ] could go, / have ex-
hibited that Gefferenees andrespeet 10 which
| | felt it became all persons in authority.
have responded here in my official capaei-
ty to the summOnses of the court of the
| United States. l have when requested,
respectfully presented for its consideration
the course and grounds for my official con-
| duct, and when its order was made to at
tack my person, and commit me to
iail / was told, from the only source
through which / could learn the wishes
| of the President, not TO submit to
| the arrest but to arrest those who
would attempt to arrest me; and al
| though the order for the disobedienee of
which ] was thus threatened, commanded
delivery of certain persons who had been
| tried and condemned for the murder of
Union soldiers under circumstances of great
| aggrayation and atrocity, the President
himself, by a military order, subsequently,
directed the removal of the same prisoners
from the jurisdiction of the court for South
Carolina. The complaint now made is, that
/ have forbidden the execution of the pro-
cess of the court of the United States ia
New Orleans, and have thus set myself
above the law of the land. IF it had been
said / entertained the opinion that the same
reason of public policy which constrained
me to determine the time and manner
in which collections of debts should be en-
forced in the State courts should equally
guide me in the exercise of just and neces-
sary discretion in like cases, in all the
courts in this military district, my posi-
ton would have been truly stated, for do
firmly believe that Congress, intending to
secure the restoration of these States to the
Union, made all other considerations sub
sidiary to the accomplishment of this end.
do not believe that the process of courts
of the United States would override or set
aside orders Congress has empowered me
to make for the execution Of its measures.
1t was said, as it might be truly, and should
be Justly said, that had never received
directly or indirectly, any intimation that
my superior in authority differed with me
in this opinion or desired measures
taken in and the furtherance oft modified,
Maj. castings apprehensions as to my
conduct or matters would be corrected.
After further remarks, Gen. Sickles says
While the proceedings in the courts of the
States for causes of action during the re-
belIion are stayed once, and the wide
doors Of the United States Court in this
military district for suits of litigation,
will mark tenet of fraud and perjury
to secure the jurisdiction of the Federal
tribunals. The citizens of North Carolina
whose debtor is in North Carolina have
no remedy but in the courts of that State.
The citizens of South Carolina having
with each other the same relation, are de-
barred as to their forum in the recovery of
whatever the citizen Of the same State re-
spectiyely claim against the citi-
zens of the same State. They
must wait for certain specified time in some
cases, and in others until loyal and legal
State government is established. But if a
citizen of Virginia crosses the line and
sues a citizen of North Carolina in courts
of the United States for that State, it is
conceded that military authority is made
by Congress in reference, if not exclusively
in regard to the people of these two States
within their respective territorial limits.
If persons under the same military gov
eminent in their respective States would
cease to ESQ in either by crossing into the
limits of the other, | may ask what opin-
ion can be had of the consistency with
which the power of the government is thus
exercised? What effect it must produce
upon the people of these States is too plain
to be discussed.
Subsequently, circumstances led to the is. |
sue of orders No. 10, which have already |
been stated. To this extent only did he |
GO saying to those who had already en-
tered upon Judgments, forbear for twelve |
months 10 enforce your executions; second, |
to those who were suing on contracts made |
during the war, it was said, take no further |
steps at present in the prosecution of your |
suit third, to those who were prosecuting
claims for purchase money of slaves, it was |
said, they are prohibited; to those who |
have had demands upon contracts made |
since the cessation of hostilities, no inter |
ference was threatened or allowed If any |
interference is to be justified, what less than |
what was to be done could have been done |
Gen. Sickles enters upon a recapituation
of the points at issue. Among them are
the following: No question or issue has yet
arisen between the courts of the United
States in this military and the district
commander. 1t appears, however, an issue
is invited by a subordinate ministerial
officer, as the regulations prescribed in
general order No. 10, have not been con-
sidered or passed upon any courts of the
United States, except in the South Carolina
Circuit Court, where it has been seen the
provisions of this order were enforced.
The only judicial precedent, therefore, is
against the action of the Marshal of North
Carolina, who is not even Judicial officer.
The process in the hands of his Deputy was
not issued upon any judgement or order,
in which the court had passed on the powers,
duties or orders of any military officer.
1t is to be presumed perfect harmony of
action does exist, and will continue to ex-
ist between the federal, judiciary and mill
tary authority of the United States in the
second military district. Before going into
recapitulation, it will be apparent no issue
exists between the military authorities in
this district, and any courts Of the United
States therein, and that no court in this
military district has refused to conform to
the military regulations prescribed for the
people thereof, and that the Marshal Of
North Carolina, in 80 far as be claims ex~
ception as a public officer, from the mill
tsrv cOnclavp docs not aDDear To have the |