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

ahu Soutn carolina, respectively, tor the trial
cd" ''
"v. All PROCEEDINGS for tho tocoyory OF moue,
under contracts, whether Under seal or by parole
the consideration for which was tho purchase O
negroes, nro suspended. Judgments or tlocrees
entered or enro'iod for such caaos Of action, shal
not bo enforced"
"XlI; The practice Of carrying deadly. weapons
vice Of tho United States is prohibited. Tho con
ccalment OF such Weapons on tho person will bc
deemed an aggravation Of the of1once violation
trial and punishment BY Military Commission
XIII. The orders heretofore issued in this Mill.
crimes and offences by whipping, n,aipiing, biarul
ins, stockA pillory, or other corporal puGshnion,
arc in force and viii be Oboyed BY ali persons"
Ky. The Governors Of North and south,C Caro-
respectively, to reprieyo pardon any person con-
ycted and sentenced by civil court, and to remit
lines and penalties"
t,YII. In all sales Of property under execution
out OF tho property Of my defondant who has 4
| family dependent upon his or her labor, dwelling
house aud appurtenances and twenty acres OF land
for tho usc aud occupation Of tho family OF tho do
fendsnt and necessary articles OF furniture, al-
parel, subsistence, implements OF trado, husband
~, or other employment, Of tho value Of five hun
1
nuro only 10 the bonot of families-that is to say
| to, parent or parents and child or children. In
| other cases, tho exemption shall extend only to
clothing, implements OF trade other employ
ment usually followed by tho defendant, OF tho
| value OF one hundred dollars. The exemption
hereby made shall not bo waived or defeated BY
OF the defendant shall be ascertaincd by the aheri6
or other officer enforcing tho execution. who shall
speeinsally describe the samo Gnd mako report
thereof in each case to tho court" '
10 proper to remark in passing that this ORDER
which was ono of the earliest issued by me after
PRONUNCIATION duly forwarded to the Adutani-
General Tor information Of tho proper authority
tho order has boen in force for nearly fiye months
WITHOUT any official intimaion that its provisions
are disapproved if; .,.I."
Tho charge that have mado an issue with the
Supreme Court and haye set at defiance it's de-
tionary OF court Of the United States, whether for
his own purposes or those Of any others chooses so
to execute his functions that either no must be
cd by Congress over these States isIto be dood by
him, and thus Drought into contempt, tho ISSUE IA
made up ostenaibly with military commander,
Tho military authority in these States is the cres
tion Of OonBrosa. The military force IN these
States is hero @ to execute tho laws Congress Inns
ed and employed to execute the purposes OF Con-
grcsa hayo been approved by Congress-; tho au.
thority given has boon confirmed, and the dlscre.
tion by which that authority was controlled has
beon enlarged by Supplemental Act.
II would BIO in vain TO charge mo with want Of
proper respect to tho Judicial department OF tho
which could go, I hayo exhibited that dcforenco
and respect to it, which folt that it became all
persons in authority to exhibit. have responded
tho court of the United States. have, when re-.
quired, respectfully presented for is consideration
the causes and tho grounds Of my official conduct.
son aud commit me to tho jail, was told, from
the only source through which I could learn the
wishes OF tho President, not to submit to the ar
rest nc. And although tho order OF the court for
disobedience, to which was thus threatened
commanded mo to dcliyor certain prisoners who
Union soldiers under circumstances OF great ae-
grayatou md atrocity. the President himself, by
military order. subsequently directed tho removal
OF tho same prisoners from the Jurisdiction Of tho
United States Court for South Carolina.
Tho complaint now nlado is that have for
bldden the execution OF the process Of tho court
thus set myself above tho law OF the land. II Il
had been fairly said that entertained the opinion
that the same reasons of public policy which c0rl-
which collections OF debts should be enforced IN
the Stale courts, should equally guido me in the
oxereae OF iust and neeessaEy alser elton in like
position would have beon truly stated. For do
firmly belieye that Congress, intending to secure
the restoration Of these Btatos to the Union, made
all other considerations subsidiary to the accom-
pslment OF this end. do not believe that the
process OF the 1nrts Of the United Htntcs slouli
override and Sc aside the ordcra Congress Laa
empowered me to make for tho execution OF lis
measures. Ii n was further said, as il might be
truly, and should bo justly Said, that had never
received directly or indirectly any intimativn that
my superior in authority differed with me in this
opinion; or desired the measures taken in further
ance OF IT modified, many existing apprehenai0na
as to my conduct md motives wond be corrected.
II was disposcd to narrow tho ground OF my
Justification, it would be easy for mo to draw your
attention 10 tho fact that had the Marshal North
Carolina wished to secure harmonious action be-
tween the military and tho civil departments Of
tho government, il could have been easily done by
simply postponing the execution OF his process
til the next term OF the court-tho time when, BY
law, he MAS required to mako his return. This
proceeding would have carried with 1t an acqui-
cscence in the authority OF the military govern
rlent established in tho rebel States, as provided
BY Congress.
I will not discuss the poiut how far tho civil
great end ~ BIO accomplished, ought to cooperate
in arerting tho pernicious consequences to the
people OF these States, which it was the solo pur
poso OF General Orders No. 10 to proEent. II grost
public mischiof B justly apprehended by means OF
certain proceedings in the State courts is it not
reasonable to suppose that tho like proceedings in
the courts of the United States would produce tho
| game mischief? If the evil will come from tho
mode s which the process Of the State courts is
enforced, il il not reasonable to suppose that the
liko process in the Courts az tho United States
! enforced i'll tho sanle mauuor, would pro-
| duce tho sauo nischef? II the public good Is
promoted md public order secured regarding the
forcoi is IL too much to expect that the Courts OF
the United States should corporate for the same
purpose, by tho adoption OF the same means The
Courts OF tho United States are not responsible
for tho meanB devised for the restoration OF these
| States. Is II too much to suppose aud TO expect
that all courts in this Military District will recog
nizo tho authority and to respect nle measures
I end are responsible for.the result II. tho mades
| OF proceeding III tho Courts Of the United States
nre, by tho laws OF the United States, assimiiated
10 those OF force IN tho Courts OF the State, and
tho military commander: Of this District, In the
| exercise ofhis indisputsble power aud 10 Hceom-
plish tho ond Of Congress In the restaration OF
these States, should modify such modes of pro-
OF tho unitea stG.es would refuse to modi.
fy their rules OF proced?rs in all like cases? II
they were independent OF all modes af proceeding
thor IN the Courts OF the State and could regulate
own as they pleased, would II not even then 6s
very grave error foy 2 court ofthe United States
to disregard ali considerations affecting the peace
and Yclfnre OF these States, aud override the or
execution OF the measures Congress bad provided
for tho reconstruction or the Union
WhIlo proceedings in the conrts Of these States
for causes OF action arising during the rebellion
are etaycd, once open wdo the doors OF the United
Sta es courts III this Military District, for such l
CATION, and who will mark the limit to fraud and
perjury, provoked by cnpidity, WHICH will be in
bnnals7 The citizen Of North Carolina, whose
debtor is in North Carolina, has no remedy but il
the courts OF that State. Tho citiZons Of Soutl
Cprolina having with each other tfe same relation
| are restricted also Us TO their forum. In the re
coyery Of wh9teyer these ctizens OF the aant
States respectively clam against citizens OF th
aamc State they muet Walt Tor certain specified
r INN in in nj wal M