The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-09-05
THIRD EOITION N
NORTH CAROLINA DISPUTE.
Gen. Sickles' Letter to Gen. Grant
Gts., EAo., EtO., Etc.. zto., Ets.

written before the Acting Attorney Generals opinion
ION which which the PRESIDENT removed General Slckes)
considered as an answer to Mr. Binckley's communl-
General sickles, In compliance with General
GRANTS instructions of August a. reported the facts
ano considerations bearing upon the questions which
had arisen in North Carolina between the civil and
Early in the present month communication was
received from the Marshal for the District OF North
Frank CON manding the military post OF Wim ngton,
at the june term in the United GTen
The communication, although exceptional in tone
for report Colonel Frank himself, about the same
time. reported that he had temporarily suspended
reason for his action that the enforcement Of the
execution was believed to be in violation of paragraph
q General Order No ~. This action OF Colonel Frank
was approved, and he directed to report ali the
facts OF the case when further instructions would be
sent to him.
On the 18th inst, Colonel Frank having reported
that the Marshal was proceeding to enforce his pro
cess the following communication the subject was
ON the same day addressed to the Of the
HEADQUARTERS SECOND MILITARY DISTRICT,
CHARLESTON, aug. H-Adjutant General United
states Army, Washington, ID. C-The commanding
that the United States Marshal for NerR % oarona E
lnstruct by the Attorney General to enforce imme
and to report the names OF persons Offering o6struc
m9nsi VIII view 70 proceed against them under the
caused the commanding officer to be informed
that receipt of the report has been ordered to
make in relation to the pending cases. he will receive
not permit the orders decrees or any court to be
l a ab 9t existing military orders
the Marshal are foreshadowed in false ana scan
not Without authority in t6e Egt6saf fes%es seems
OF Monday last, and to which L respectfully Ia
vite attention. will remark that the question now
raised IN the matter is Last July the United
der four citizens under sen of death for the
der der OF three soldiers Of the garrison at Anderson
ported to the Acknowledgement of the Army, the
prisoners not TO submit to arrest but take into
The President afterwards comm6ted the sentence
of these men to imprisonment for lite, when they
Judge ofthe United states District Court. OS
II the United states Courts IN Rebel States be
tion OF the Reconstruction acts will for obvious
sons. soon become lmpracticable Some of these
courts will begin by declaring these OF Congress
(signed) DE. sIoKLEs,
Major-General Commanding.
e on the same day the following reply was received
WAR DEPARTMENT. WASHINGTON, Aug IL, 1857
Of
deSH ss 3 y as ySa 9s regard
IN, SSigned0 y; s.: GRANr General;
gram have been Observed: No com nunicstlon from
the President on this subject has been received by
raj reports and communications on this subject from
which dated August 2Sth, received on the 18th,
Io M aooGoe Of o to sTons scke
papers having been referred Colonel Dennis the
and remarks General sckIes invites Attention 10 his
carefully considered and he says abe discussion
which is also inclosed. 0''O'
Orders No TO- of April ilth is briefly set forth in the
order itself which General slckles gives, and which
III He adds;wtt is proper 70 remark in passing that
after assuming this command was at the time of its
PRONUNCIATION duly forwarded to the Adjutant
order has In force for naaT ve mon b
out any official intimation that It's provisions were
with the Supreme Court, and have at defiance its
DEGREES, is utterly unfounded.
If a subordinate funconary of Court of the United
States whether for his own purposes those OF any
either he must be cGntESed m or else the military
the issue is made up ostensibly with military
States The military authority in these States is the
creation of Congress. The military force in these
passed. The & modes % and the agencies now provided
have been approved by Congress.
The authority given has been confirmed. and the
been enlarged would be in vain charge me with
want OF proper respect to the judicial depaEtment Of
10 which could go have exhibited that Difference
sons in authority to exhibit; have responded here
in my official capacity, TO the summons OF the Courts
have, when required respectfully presented for its
consideration the causes ana g., the grounds OF my
attach my person, and commit me 10 the Jail. was
eaq espn he wishes o the PTesdent not 70 TO
the arrest but 10 arrest those who should attempt
the COURT COURT for disoOedience 70 which was thus
threatened commanded me TO deliver certain pri.
murder OF Union soldiers under circumstances or
great sggravaton and atrocty but the President him
moVai Of the same prisoners nom the jurisdiction of
the United states Court for south Carolina.
The complaint now made Is that have forbidden
the execution OF the process OF the Courts of the
myself above tine law Of the land. II iL had been
fairly said that entertained the opinion that the
same reasons Of public policy which constrained me
tons of should be enforced in the State courts
should equally guide me IN me exercise oI Just and
this military district my posuon Wsuld have Been
truly stated. For do firmly believe that Congress
Union made all other considerations subsidiary to the
accomplishment OF Ine emo 90 9St oeheve t1at the
tide and set aside the Oroer Congress has empowered
make ioT the Sxeeusioh o, lts measures. II II
istly SAID that had never received directly ind
recty any intimatlon that my superloIs 10 authority
snres taking 10 furtherance OF 10 mouiUed many.
ing apprehensions as my conduct and motives would
oe Afpsr further remarks, General sickles says
While pTooeedlngS L6 sne H9P 81 thess states oG
staVed wide the doors ftne United states
Courts & thS marx ths m TO TaSS Soa and ps4n2S
pTOvoked by cupidty, which will be invoked 70 Sc
pp,Se me Jurisdiction OF the Federal tribunals? The
ctiSep OF North Carolina whose bebtor is in North
Carolina, has no remedy opt 10 the Courts OF THAI
state. The citizens OF SCUM SaTonna, having VIII
each other the same Ie'oh' 9ieHes'rcIeu Aiso as 10
tnSr %s Teoovery of whatever these citizens OF the
same States respectively claim against citizens
of the same States, they must wait for GER
tain n specified time in some cases, and in
others or" until loyal and legal State Gov
ernmept Is established. But one citizen
North Carolina the Courts OF the United States
that state and the citizen Of Georgia comes into the
does the same II is conceded that the military au-
thoTity is made by Congress supreme, II not eNclu-
svs' ~ air espective territorial limits II persons