New-York tribune., 1867-09-06
oocr., Order, No 10 are obligatory upon the state

Crcnit Court of the United states for south Car0ihh
Di.tr@t arc governed by the regulations prescribed IN
General Orders No 40 and therefore me 'osio , of
Tor CaI"IUa AGAINST citizen Of South Carolina, for
cnn.c of aciIon suspended by the military authority VI
'' g o.ton remains whether person residing ont
of the Military District can come here and 10y lle
Of court Of the Umtcd states cniocC , within The
fully prohibited as TO all persons nGlonE,c Will o,,,nd nd
v nSIt in The state courts Unless this question he
ans swered m the negative 1t follows that stranger Cin
nd nrilcge not p6ssessod by persons residing here;
ard among these privileges Is moi ohy an eAelnpeW1n ~ III
dent, 10 obey the orders OF the Military COMMANDER Dut
the power 10 deprive any Cal9hhiu agahs % MnD,n
such stranger prOsecutes demand, OF whatever rghs
anu S ,n ri,;S iS u" v General orders No TO-
4 No question or issue has yet arisen between tns
courts of the United States in this Military District ana
the District Commander ~ appears, h0wever tia rh az
is,ue is invited by subordinate ministerial officer Inc
regulations prescribed IL General Orders NO III nave ho
been considered passed upon by any OF ne courts %
lie United States except in the South Carolina circuit
where has leen seen, the provisions OF te S "a
against the action Of the Marshal of North Carolina who
is not Judicial officer The process III to dce or
his deputy was not issued upon Judgment decree
order in which the court had passed upon the Po"@es' @
duties orders of any military oinceI ~ 10 "a yin
sumed that perfect harmony of action does eH a and he
continue TO exist between the federal judiciary ncond
military authorities OF tho Omleu 0'"'o' 40 Wv
nc execution OF certain process in the hands OF
Deputy Marshal has been temporarily
ter is held under adyement by the DIsuoo ~, rnnnuTs
uutl the real nature and character OF the pro-
| he
Inon the coming of such report one OF several views
~ be nroncry taken OF the matter the Marshal may
% 2e term of the Circuit Court North Carolina,
When on the return Of the Marshal may then MAKE to
Court will decide whether or not 1t VIII observe te Igu
ations prescribed by competent military authority or
the whole subject may be reported to the GencralChei
G. Beyond the temporary suspension by the Post Com
mandeT the execution Of the civil process IN question:
commanding the district there has been no hndranco or
nterfcrence and this temporary suspension involves no
unusual delay because the Marshal IL not required Dy
law to make any return until the next term OIL the court
Although it may be assumed the District Commahaer a
would unless otherwise ordered continue Ill force lne
order suspending the execution OF the process III uo
hands Of the Marshal and all other IKE process WI p nc
District Commander The case for his dehnuye aCron @
s not yet presented and the delay mainly owlng
10 the refusal Of the Marshal TO give to the military autho
ties the information IN his possession winch ls "
The case as It now stands involves the nadmissable
proposition that any Marshal or Deputy MIs!aI Oh ol u
evccte any process whatever In his hands against all
persons within the State for which he Is apponed no
or of the Commanding officer OF Military Post or of the
District Commander-a conclusion that paeu@caly @ sooi %
dnates the military government eStDlsbeu py hd
in these States the authority and caprice OF suDOu
The the intent and meaning of the several acts of
Congress for the government OF the Rebel states IS at
in the absence OF all legal eiNl eoVtIIe1 Over I m @
paramount authority OF congress teoin ena d W srhor
csed by the GeneralnChef OF the Armies anu suooI
dnate to him. by the generals conhanus 'no no ~, S6h
Military Districts, they were constituted on me Iyn
day of July. 1867, when the last OF the supplementary
TO- II was not Contemplated by Congress that any Court
whatever held in the Rebel States and still less that any
do or he suffered TO do any act derogaton Of the or
ders of the enealinChie of the armies or of the Cen
erals commanding Military Districts Inc supreme CouIt
of the United States has recently III weIFhhoW csc
construed its own authority in refusing 10 m-3Ieo -
with the execution OF the acts oI congress ioi ''o '
| government Of these States ,-., A..
H. In june 1866, after the peace proclamation, tne
Secretary OF War your ustTiOus predecessor approved
of my refusal TO obey the mandate ot inc Ulou oa'C
Court for south Carolina; and when III consequence OF
! fbe 1
structed 10 take into custody az the parties WHO iSt
engage in that proceeding ~ o nm oC ti%e rmmnni
cation mentioned is the only one ever recSveu t ny
The courts of the United States in this Military District
~ Tie reported remark of the leamedand distinguished
CiefIusiice. that the military authority docs hot eH
tend any respect to the Courts OF the United states
made before the passage or the Aet q
July 10, 1861 Congress assembled ana passed tat ucCa
Ta0ry consequence Of certain opinions OF the Az
tOrney General the highest law officer oil the Goteu
| ment And to prevent similar cmbarfassmcns 10 tAe
execution of the acts OF Congress IL was among OteT
things enacted That District Commander or mem
Der of the Boards OF Registration OF any 0i le ocers OF
appOintees acting under them, sha be DOd III ms nc
States" 1t would be dhcult by egshtNe prONlsiols 10
define within narrower limits tho pTeroealNee oI CIVIL
49, The modes of procedure of the Circuit and District
Courts of the United States and the action OF their minis
by the laws Of Congress and the rules OF practice pre-
scribed by the Supreme Court coniormed substantially
with the practice and procedure of the courts 0f the state
Territory III which the Federal Courts are respectively
held.
a. Congress having substituted military authority for
that Of certain illegal governments ia these states can
not be doubted that Federal COIut sitting in this NIL
taTy District, having the power 10 modify its own rules
and appreeating the true intent ana meaning 0 the Act
of Congress aforesaid would find in the eXigency which
suggested those provisions Of General Orders No 10 rcla
ing to proceedings III certain cyil actions. sufficient
ground t. move the Court conform TO the regulations
prescribed in that ORDER and thereby preserve the bar
mOny heretofore existing between the Federal judiciary
the local courts and the military authority III the Rebel
States
that issue exists between tine military authorities in
this District and any OF the Courts OF the United states
therein that court in this Military District has
fused to conform 10 the military regulations prescribed
for the government OF the people thereof that the Mar
shal OF North Carolina In 50 lar as he claims exemption
public officer, from military CONTROL does not appear
TO have the sanction OF the judicial tribunal OF which he
is the servant that the action Of the Post Commander at
Wilmington has been confined TO the temporary suspen
sion OF execution for the collection Of debt that the
the appeal Of the Marshal from the action Of the
manding officer Of the post that the Marshal having
further action refused 10 give it, and has proceeded in
accordance with instructions received from the Attorney
General Of the United States TO enforce the execution Of
the process OF the COURT that thereupOn the District
Commander having repeated his order 10 the Command
Ing Officer at Wilmington TO stay the Marshas proceed
ings until further orders reported the occurrence to the
GeDeralinChief Of the Army by whom, District the
Commander has been directed 10 follow the course Of ac
tiOn he had already indicated and taken and now, in
obedience to the further order Of the General Chief Of
the Army all the proceedings in the case, together with
the papers relating thereto are transmitted with the
suggestions Of the Major rGeneral Commanding the Dis
trct, for the review and final action Of the Generain
II has been my desire and aim in the measures pro
vded for the Of the CarOna devise and
execute them with much humanity, much forbear
ance-I will even say with as much magnanimty-as was
consistent with The proper discharge Of the duties pre-
scrbed for me by Congress. None OF the measures
have adopted have ever so far as know been dsavowed
by the Government. With the War Department. in all
that has been done in this Military District the records
Of my Office show the most perfect accord Nothing has
been done OF which immediate and full information has
not been given 10 the proper authority. Nothing has
been done which has not always been conceded prop
ery subject TO review modification, revocation by com
petent authority Nothing Of all that has been done
provoked official censure elected any official sug-
gestiOn requiring the modification Of my orders and
nothing which at first may have seemed questionable has
failed to receive official approval after full explana-
On OF the circumstances which led TO the This
statement strictly true far the existence OF this Dis
trct concerned may be extended TO the whole period
OF time-nOw somewhat prOtracted-duriDg which have