The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-06

OFFICIAL Cory y. W. CLoUs, a. A. A. Gon'I
gong documents 1f ~ "
nespecnIy rl,rred to Iyt Col E.,w. DE.sIs Juds
''nv"tatc "a Military District.
Nv command u Major.1enrral u. l.. SICKLES
j. ". CLoG1. Capt. 33th Iuft., a. A. A. 0enI
tEScLoIuRE 40 81
HEADQUARTERS: 90 MILITARY DIsrRIcT.)
Captain j. w. G"r 1e:ing . Hasasn, sasn q easSa asss
Of the e STATES M1rsa for Sorh csro1s 1I sao =, 6eusa
orn 10 regulations provided by tho order of thy Di,t
The two slaed snmpisis this District, re,ertei 10 81
o'ico ior rrn,aris. ars respectfully rsturnsI "
states Cireui, Court tor thu North Carulli, D.,rir
Judgment was nndrrcl in favor OF certain nalntGs en-,
'ns "t i".alia. aaaat curtain decrlants citizons q"
Hori'i caroni upon IrOmisory nn.r male Apri 5li,
lst Tor goods sold In that year Execution having ,.
stayed m the Post Commander In ifsusnce OF p,r,
sral H. Of aenrrA Orders No IO from thSse Healusr
preamble setting lorth tile grounds thereof Is as follow:
me general esslt'itinn prevailing among tho popuiI
alnrdllh means for tho development their industrial
IrsOiirsS The nature rIent of the ,iesttu tvr
asiani rNTorlinnry measures. The people are bnrn.
town hI heavy burden OF ,lei Tho crops or RraIlI
aud garden produce tailod last yrnr ualy families Guy.
nssi dnpr,nioi shelter: many ecd food aud
Gothf'S neHtltul Implements auIiiliartes OF bs-
pairy n,e very scarce the luboring populations u n
lnsros localities aro Threatened with starvation, ues
supplied with food by the Government of the UneI
Siao. the lnsbility OF large portion OF he peopls to
means OF relief an the gravity OF the si,ustton is in;
creased by tho genai disposition shown by creditor r.
collectIun OF all ciaims. f''' '''s 'i'''ie>'1AS'
70 suner all this go without ,catralut or ramc,y
- 70 sacrifice The gonerai good The rights Of creditoi
shall he respected; but the appeal OF want and sufeIiu,
iunst DC needed Moved by these considerations ths
.inue in with such modacaons as The %" oseasio
nnIl INC civil governmen. OF the rcspecty.
SIacs sha DO established In accorda with the to
Guiroments Of the Government OF tho United states
lLG Commanding General earnestly deslrc.. and con.
iiden1y believes. that the observance of these reyul,
tions and the cooperation OF all pcrsons concerned in
employing fairly aud justly the advantages st remain
ig 10 them VIII mitigate tho dtsross existing; ana
that the avenues oi industry. enterprise and orssnss
ton. thus opened, will contribute 10 tue permanent We
'a'o ana i"'ufs happiness Of the people.
H. Judgments decree1 for the paymcn, of none, on
s Of action arising between the 10Th Docclnbor
lsGo anu the 18th May 1905, shall not be enforced by
execution against the property the person Of tho de-
pehlinG shall o stayed snI or process slal b,
VI action" - ~7'
The POSI- Commander was instructed tu prsysnt l,yy
aud sale, all did no. ~
The matter soems 10 have been reported to Washing
on and dispatches ays passed between the 0e.
chiet aud lhr Majnr-tleneral commanding tbi,
exempt thu Uncd States Court process frum tIe said
order has been subsequently authorised to pur.,la tue
aeantime tho process In the hands Of the Marshal 1.
suspended by the Post Commander. by force
In tue CONFLICT OF authority which IL brought To al
ISSUE by The proceedings that have beou above recai
or side ar the other prevail Law Justice ana eI
by all the world of power Either the mill
tary niist give way or the arshal yield If tho Com.
inandt,g tlenrra should bs compelled 10 submit to L.
oyerrrled tho resula which would follow would be two
t0 IN their boaring affecting ;e people of this District
on the one hand and tho other involving far.reschng
consequences OF tho graves, moment as regards tb.
general administration Of tho reconstruction enacnens
lar order of the Commanding aoneral to no snnuied
deeply concerns the people, whose welfare aud prosperity
he properly deems It his high duty to consult whiis
eIarcisng tue functions with which no is entrusted I
the execution OF tbs Acts OF Congress These peope
suffering under countless calanites which, though en-.
tailed by te wicked folly Of then ore caIamtits
tina, no patriot eau destro to aggravated prolonged
hailed with universal satisfaction relief Afforded by
the edct which babe the relentless creditor stay his
hsna Citizens Of all parties and OF every calling ala.
ernel In the crruns.accs under which tho GeLts ss
pended wero contracted, convincing rcssons for ra
larihe tho rigor Of the rich nIan'i rcmedies. Til.
which y was received Its wiss bencfcence lis demon!
stratcd by Its operation, which has been unqu.iacI
aiccrss It be isresarded in tie United states
Courts. such produces either tho gross Injustice
of permitting nonresident creditors have the adyan-
Of unfortunate debtors whls CarolInans cannot coscl
ram each otller or ose nders necessary Tor unifr-
gother. anl the precipitation upon these people of ths
svs hcretoorc urered Tho reciaion Of General Orier
No. 10 would fall with biighting upon the Caroiinas
IA isFfo IN sFtAt &qSa cfSps b
destroyed; ~ eSiates broken up and sold ut nominal
prices; In labor disorganzed In unsasaed prodgtou.
OF hundreds OF unhappy families. confronted AZ
last with tle horto,a OF winter OF famine.
In the presence of considerations such tho forcaouy
it seems plainiy the duty the Commanding Gen.
ral mt nnly TO exert all his powers 70 maintain rule
me reversal OF which would bo so mAniieSy impot,
and ught with sileh disastrous consequences to the
InabaIts OF tho District committed his government:
it also 10 lay hefore his superior the ChsI
tha reasons which should isslade from uuipteu-
tinnay hut nevertheless inevitably leading tho nr
iion al 20 much suffering and much wrong.
But there Is another yaw OF ths subject OF even enpat
er importance lecansn II concerns not only local hut
general Interests What haa been presented in tho pre.
redg observations though believed strongly support
the action OF tho District Commander. relates solely tI
tue welfare Of ha population Of these two Hatas It re.
lnatn to point OUT that there is great question rRnt
involved n the determination OF which the whole coIn
ty interested aud that decision thereof adverse to
tho claims of the Military Commander and In favor OF
the recognition of the authority Of the United States MAJ
aha as paramount would only do violence princi-
to battle parsyze the hands Of ali
in good faith, In tho work Of reconstruction
proper TO notice at tho threshold Of this dacus
sion what will naturally occur to professional min
namely. that except question of adninIstrnitvo pol
tween tine District Commander his superior ofce>
the aeucrainchief there Is "csse" il thia mRttcr
forum. II liability for dsrsptcf TO the United State,
circut Court In North Carolina. or for IeAising It,
Posi- Commander nt Wilmington or any other party or
parties 10 the transactions that have akon place. the
prescribss tho mode or procedure according to whic.
the offender or Offenders may bs dealt with.
dlrccilng atay. the enforcement OF which interrupts
the MArshsi was not set UP by tho defendants III
There is tierefore no antasoi.an between any deci
son Of the Court o. and tho military authorities and non
The next tcrm there would bo any darence OF opinion
disclosed between tho Judge aud the Commandiup
General For all that is known, neither the Dstric
Judge nor Chief Justice Chase 10 inclined TO dIsputu
the validity and binding forco Of the provinons OF
or,ier
It Is true the Chief Justice is reported to have remark
ed. in his address TO tho bar at alegh, tbt the mill
t1ry authority does not extend In respect to the
Courts Of the United States" But this observation was
made before tho passage Of tho Act Of July J0th which
defined with enlarged scope the powers OF District CON-
Iuanters; and. moreover there Is nothing In the remark
that bc construed donyng the power OF the Com
mander to modify tho local Law. refIpg to coi.
form thereto III the execution az tho process OF that
Court Had not the Marshal made Buch haste 10 prsss
the issue, would not be before any department or
officer oi tho Government. Tho regular wouil
to require that the Marshal should atshs next
term heu and ,eere dtons ms prneeii ia his handf s
In the customary manner any Information rspreseu-
taon touching alleged distractions OF his proceedings
that he moy 1T. II will then aud there-nnd Aen am
there ony-bc sutsbe aud legitimate for the subject to
be further treated by the civil authorities
It s reasonable to bolsre that when the controversy
orbiter shall be brought before tho and able
Chief Justice, his enlightened Judgment instructed by
oyents in which hc has borne conspicuous and nusi-
GUS part will promptly in tho circumstances OF the
ample reason to adopt the spirit OF the Language
Mr. Justice Story in the familiar ciso OF Beers
Haughton, Peters, g. G. H., 329 wherein the suprels
Court held that tho proceedings Of ministerial officers
local iaw. ~
That accomplished Judao said: "Ihe Process Act OF
1882 C. a. erprossy gloptol the form Of wr1ts and
modes Of prbcess the State Courts In suits common
law. The Act OF 1G91 o. B6. permanently continued tue
forms wrIs executions and other process and The
then In thu Courts OF the United States undor the
Process 1859 but with this icrence-thst ther