The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-06
authority and caprice apr of subordinate civil

Acts a. uonnress ff the oovsri,riisnt Of the rebe
States ia, that in the absence Of all LEGAL ciy gov
ernnaent therein, the paramount authority Of Con
gress over them shall be exercised by the General
mt Chief of the armies and, subordinate to him
BY the Generals commanding the several Military
Districts, as they were constituted on the nine
te6Ith day OF July one Thousand eight hundred
aud sixty-seven, when the last Of the Supplement,
tary. Acts became LAW. Is.
10. It was not contemplated by Congress thai
any court whatever, held in the rebel States. and
still less that any Marshal, Deputy Marshal Sheriff
or Constable; should do or be suffered to do any ao
n eroratir az the orders Of tl1e Generalin Chic,
Of the armies, or Of the Generals commanding
Miiitny Districts. The Supreme Court OF the
United States has recently, ina Bell known case,
fere with the execution of the Acts Of Congress
Yctl lthe military government Of these States.
. IL InsJune. 1856 after the peace proclamation,
the Secretary Of War, your ilTstrious predecessor,
approved Of nv refusal to o0ey the mandate Of
the United States Court for south Carolina; and
when In consequence OF such refusal the court or
dered nv arrest, ] was. instructed to t,ke into
custody ali the parties who might eogage in that
proceedf,c. II did not become necessary to ex-
ecute these instructions. The executive commu-
nication now mentioned is the only one ever re-
csiyed by the updsrsigned On the sn6iect % q me
in this Military District. I; ~ ~ - IS
iE. THE reported remark of the learned and dis
.tineusMed dhieS Justice. that etfie military au-
thority does not extend in any respect to the
Courts Of the United States was made before the
passage Of the Act q Congress osJuly y lss7 Con
in consequence Of certain opinions Of the Attorney
General. the highest law officer OF the Goyernment
And to prevent similar embanassments to the ex-
ecution Of the Acts Of Congress, it was among
other things enacted: That no District Comman-
der or member Of the Boards OF Registration, OF
shall be bound in his action BY any opinion Of any
civil officer of the United States II would be diff
emit by legislative provision to define within mar
rowerhmits the prerogatiyes Of civil authority in
the Military Districts.
District Courts Of the United States, and the action
of their ministerial officers in the execution Of pro-
cess have hitherto. by the. laws OF Congress and
the rules OF practice prescribed by the Supreme
Court, conformed substantially with the practice
and procedure of the courts of the State or Terri
tory In which the Federal Courts are respectively
IA. Congress- having substituted military au-
tl,offy fof tfat f carfain Illegal governments in
these Stafas. it cannoti be doubted that Federal
Court, sitting IN this Mf5ry District, having the
power to tn0dify its own rules, and sppreciating
the true intent and meaning Of the ASts OF Con
rress sforesaid. would And in the exgency which
sutresfed fheso provisions Of General Order No.
IN raj f IN Certain civil actions
sufficient ground to more the court 10 conform to
the regulations prescribed ID that ordo and there.
by preserve the harmony heretofore existing be-.
tween the federal jildicisr7 the local courts and
the military aiithcrity II, The rebel States.
N. By1 the forapoinr recapitulation, it will be
that M isst1a EXISTS betgeer the military
authorities in this District and any Of the courts
Of the United States therein that no court in thin
Military District has refused to conform to the
nistary Regulations prescribed FOR the govern
rnent Of the peop,e thereof: that the Marshal Of
North Carolina in 90 Far az he cfsrns exemption
as public oficer. from 1ilitary control does not
appear to have the sanction OF the judicial tibu-
nal of which he is the servant; that the actinn Of
fned to tbs temporary susrension II an execution
for the collection of debt:rhat the District Com
4Ier holds che casa tndcr consideration OF, the
appea Of the Alarshal from the action OF the Cons
nnsrndine Officer Of the Post: that the Marshal,
hsvfS,c 6een reouested to furnish the information
a ,,rosseded IN aocordarce with instructions re-
ce;yeil from the Attorney General Of the United
s5fates toaufnrce the execution ef the trocess of
the cnurt. thatfhereupo the District Commander,
having repeated his order to the Commanding Off
Ger at WILMINGTON to stay the Marshala proceed-
ings until further orders, reported the occurrence
to the General-in Chief OF tho army, by whom the
District commsnder has been directed to follow
the course OF action be had alresdy indicated and
taken: and now, in obedience TO the fnrther order
OF the General Chief OF the army AZ the pro-
ceedings In the case together with the papers re-
Iating thereto, are transmitted, with the sugges-
tions Of the Major-G General Commanding the Dis
trict, for the review and final action OF che Gene
ral-in-C Chief. ~ n
It has been my desire and aim in the nieasllres
provided for the government OF tie caroiinas to
devise and execute them with as much humanity,
as much forbearance, viii even say with as much
magnaninlity, as was consistent with the proper
discharge OF the duties prescribed for me by Con-
press None OF the measures have adopted nave
ever. SO fa- as know, been disayvwed by the gov
ernment, With tile War Department, IN all chat
has been done in this Military District the records
of INV Office show the most perfect accord; Noth--
irle has been done Of which immediate and full
information has not been given to the proper
authority. Nothing has been done which haBn0t
ALWAYS been conceded IS properly subject 70 re-.
yiesS' modification or revocation bT competent
authority Nothing OF all that has been done has
provoked official censure or ELECTED any official
suggestion requiring the modihcatlon " my or.
ders; and nothing which at first may have secned
questionable has failed to receive 9ticiaI approyai
after full explanation OF the Thion
led to the measure. This statement, strictly true
as far as existence Of this District is