New-York tribune., 1867-09-06

Nh,o roj"ctons of debts should be enforced IA tno
s sDd necessary discretion ia like cases ia al % So ti ~
ihs Military District ny position woS & Intending
to sccure the restoration of these states 70 ~ ~ rco,n
made all other i' IieTe That the process
plishmCDt Oi this cnd 10 uVt and sci
Of the courts the United states shonlu fr
he execution OF it, measures II 1t was iurner sao az
Ar might he triy and should be Justy s", ,,t;n & ,at
never ed directly or indirectly any lhiimauo ''
,v s,u,rlor u authority differed win inc la thls olli
nr doscd measures taken IN inI'heianoe Ui and
al many ex sting appTehensiOns as 70 my cOhuu0' "
fyFV f 80 Do,ed 10 narrow the ground Of my jnstihca
49,, ~ xoUG be easy FOR hie 10 draw your attention 20
ina fsct that had the Marshal IN North Saroinl9 and
~ secure harmonious action between the lhlnid have
the civil dcpartments of the Government ~ Co,u ,i % ~
been easily ions by simply postPOhlhsM ne @ @out The time
ms process until the next term ot tle CV rn ~" Ths
when by Ltc he required 70 niahe iS t,scs,re 3;
proceeding would have carried VIII w wes5f,Led m he
itc g,ifiOf3fg Of Ue military g0rdNHe" o'''
Iebsi Sates as p7Oridos ty Congress ., civil furct,on
~ t1 1V Tited states in view OF the great end TO be
,, ~ "be ought 10 cooperate in ayerIlng tue per
~ s,c sole purpose of General orders No 10 to pre-
II great public niscei - y, ii,rfs is il not
reaSonaiI 10 suppose that the like proceedings ID Ie
, n The evil viii come FROM the mode in which the
racss of the state courts enforced y u not
m supuose mat the ike process in the courts o, INC
iued states enforced ia the same manner wonld pro
du tie mischief II me pubic eoo 2 ~ ~ ~ 6f ,'ro
cess in the state courts may be enforced u Is 100 nucn
10 expoct courts Oh Tue IIlte1 S'aIs & ~ ,6o
sine nelnsi Are the courts oi the United states re-
sIOnsibc Tor the means devised IOI the iesol"tU VI ]
tiasc States Is II TOO ILuch 10 supPeaE anu 70 &
fat all courts in this MiI! Dsrlct VIII recognize he
authority and respect tie measures, adopted Dy thOse
who charged with that duly dhd are tespohslDe io
the resu II the modes OF proceeding IN tS Sos o
mtcd 10 those OF force In the courts OF the state anu
the MILITARY commander UI this district, III inc eStICl
~ GuiSress In tile restoration Of these states.
should modify such modes Of roceen9g, %SI staieS IN
be grave question for the courts Oh the OhIte ejr
decide Tosd1Tei If they were Independent of all
90
reguate their they pleased NVuiu ~ ~ -
tben be very gave error for court OF the ulteu STATES
welfare OF the people of these states anu % t Wv,
orders OF the military connander Ni @ ' t tSe
cuon OF The measures Congress had provided Ior 'ne
ieyHn eh C c6ncs in the courts OF these States for
causes Of action arising during the Re1elon are sIsyeH
once opn vide the doors of the United States courts IN
tbis military District for such litigation. and who VIII
mark the hnit TO fraud and peuIy PIQvohtH py GU
pidty which win be invoked To secure tLe VI
the Fedora tribunasi The citizen OF North CaiOnna
Whose debtor rs North Carolina, has no remedy Dut III
having WITH each other the relation are restricted
also as their forum IN the recovery OI "natc'cI 9
citjzens OF the States respectively clam against
citizens OF the state, they must wait ior e5rtnd @
sectied time In cases; IN Others until lOyal ana
state government is established But the citizen Oh
Virginia crosses the line, and sues the czen Oh Sot
and te citizen of Georgia into the courts OF the
Tinted States for South Carolina and does the same
rsss snnreme II not exclusive in regard to the peo
Pile these states within ther TespeeuNe
fmts If persons under the same military goVeIhmene
n respective states wond cease TO DO so IN ele
the limits OF tle OtheI, may
opinion can be had O1 tne cohslstents az ~" u1,t ect
nower of the government is thus eXereedf Nhat enec
II produce upon the people o 1heSe o'"es' 10 'oo
ili re to myse to mention two exceptions distinctly
aon In All cases technically denOminated tOTts no
norference has ever been attempted or aioWeo. Inc
r.ne,s r the redress OF private wrongs nave always
been secu ed In the next place. me G1nld Ja'Saacom
Of he Ogs StteS haS ileei oec" 20 & t SyS @ W ne 6ib
duty 10 uphold, and required 10 enforce thaV uiulc
ton IL ilUsl De acknowledged that the responsibility oi
.ftafr. 81
be duty The power Is intended 10 aCcOlp GER
tam res res @ vnDenf Of the United states exercises, and
in protection it affords That pfotec o3nu & no.
have been in any more acoeptapy anOided thAh
y the measures have adopted 70 enable the people 10
tye syD,e i'm which they had been engaged. The
eope OF these have felt that they must obey the
Uower which demands obedience give and has given
That protection which has enabled them to epar III some
The circumstances which led TO the pronunciation Of
Griera Orders No. 10, have been already Dlleny men
boped There was presented population everywhere
impoverished and in many counties threatened Win star
yatOn with 6e m re9PSng "a far eSceedng av that had
ever been When forced TO execution hnnl pro.
cess was carried lat and harhest limit without
mercy The cultivation of the soil, from which alone
present support future succor could be derived was
abuut he abandoned, because he no would
its age elt that il unceralnn ne would De hoWeu
10 hold ans lands until ms ciop Tis S n9T % % % - who m
did make the crop, he yielded ms lapor 10 aho'neI mo
would the proceeds from his family without fenOse'
In all the departments Of labor the same Ieens o ueS
thus driven 10 desperation, disorder had been mani
fc- "a. yi0ece was threatened 10 civil courts ana CIVIL
officers the public peace was exposed 10 PERI
ard siatc Ol anarchy impending that would nave
eaued for its suppression the steInest exercise OF mill
tcnce M Which ,nuliel around me Il felt il Que TO
bnanfy essential TO the attainment OF the objects for
which had been invested with office and command, and
lnaccOrdauce the just expectations of the Govern
,nt agent and officer was TO exercise the power
IN the authority with which had been clothed
II byOud my own convictions OF duty other cOnsidera
required, had them IN the application OF the
Governor south Carolina. and OF leading men from all
parts OF the Caronas VINO eonelteu tne POSITION oI
my authority in The manner Indicated 1or the purpose OF
giving peace aud repose TO communities tranquility and
order to society ana the means OF ving 10 the pOpua
ton Nor do ikuow, after frequent and careful review
of what then done, by what conduct should more
Justly have provoked and deserved the censure OF the
Government than having power 10 prevent IT. Aad
were with dincuty fed and kept alive by the ehar
" of the Government Under such circumstances. did
i1trpose my authority And to this extent only did
LIST TO who had already entered up Judgments it
was aid forbear for twelve months enforce your
cutions; I'd To those who were suing upon CON
tracts made during the war, II was SAID take
no further steps at present in the prosecution
ul your sult TO those who were prosecuting claims
for the purchase money of slaves was sad they are
prohibited; ith To those who had demands upon con
tracts made after the cessation OF hostes no nerIer-
ence was threatened or allowed. II any interference
therefore IS to be Jusuhed what other what less ta
what done, could have been d0hef II these orders
questioned because Of expedency II is only neces
sary Ia rccr III adduoh 10 WHAT Lac Deen s-u' 10 he %
testimony of the Legislatures OF the two Caronas, which
expressed as plainly as they could er CONVICTION @ oi ds
necessity for such regulations ana so Tar as they could
do II, had endeavOred TO provide them IT. however,
these questioned because OF an abuse OF power
or because OF usHTpaton oI authority Wneh uld nOt
possess. because they deemed unnecessary there
has been os there Is now, ample power 10 cause them 10
be revoked.
I'M regard 10 another class Of TO which these
dcrs relate will not say more than TO express my sur
prise that outside o. these states there should be found
any lection to stay OF proceedings in cases OF con-
tracts made here during the Rebellion; the consideration
expressed in such contracts in currency created 10
support RebellOn; the substance OF the contracts
open violation OF the laws OF the United
To admit recovery according TO the terms OF
the contract but 10 maintain "a palpable fraud;
ard 20 regulate the recovery by any other stan
dart, 10 recognize and adopt II express
ing a value, money, Ill open disregard Of the
laws Of thc United states. What should be done ulti-
mately ia such cases did not undertake to decide.
What did WIS suspend the enforcement OF such
tracts until the establishment OF legal civil govern