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

The oircums tancos which letl to tho pronuI,,
bIiex e W noninmo SrderS No. TO- have reen abroad.
ton everywhere impoverished, and in many ccu,.
ties thrcatoned with starvation. With tho re-
enecS n p, nara ,no e,rll tribunals suits wero com
over been KNOWN Whom forced to execution fna
process was carried to its last aud harscst limit
WILLY wtn9"t mercy Ille cultivation Of the soil, from
could DO derived, was about to be- ubandcnel i've.
cause no wl9 would undertake It's tilago folt tal
ianJa %pe un H.; nc would be allowed hold his
make the crop, he yielded his labor to anotIoI
who would take tho pfocesds from Ills family with.
same feeling OF despair vas predominant. wv
Thus driven TO desperation, disorder had bee
manifested; VIOLENCE Was threatened TO civil courts
and e'll oihcors; tho public peace was exposod 10
imminent poril; and state OF anarchy was I'M.
pending that would have required for its sunnrca.
sion the sternest exercise Of military authority.
which multiplied around me, felt il duo 10 h,,.
manity, essential to The attainment OF tho obiecs
for which had been invested with Office and com.
mand, anu In nccor6anco with tho Just expectation,
OF tho government whose agent and officer waa,
TO exercise tho power and uao the authority will
which had boen clothed.
II beyond my OWL convictions OF duty oihcr con-
siierattons were required, had them In The a,,-
plication OF tho Qoverrur OF South Carolina, and
OF Or leading men en- from all Elrts OF the Uaronas,
who solicited tho interTositon Of my authority In
tho manner indicated, for tho purpose OF giving
peace and repose to communities, tranquility ana
order to society. and the means Of living to tho
careful review OF what was then done, by what
conduct should more justly have provoked and
deserved the eensuro Of tho government, than. if
tiplication by thousands OF those who were then
with difficulty fed andkept alive by tho charity Of
did interpose my authority. And to this extent
only did 80. lat. TO those who had already en-
tered upon Judgments it was said, forDear for
twelve months to un,orrc rour executions; I'd. To
u1o1a
the wsr it was said, take further stops at pres
ent IN the prosecution of your suits; 3D. To those
money Of slaves, Il was said, thoy arc proIibted
4th 10 those who bad demands upon contracts
made after the cessation Of hostlitics 10 inference
waa threatened or alio rcd.
II any interference, therefore, is to bo justified
been done? III =
pediency, it is only necessary to refer in addition
to what has been said, to the testimony OF the
Legislatures OF tho two Carolinas; theS had er-
Of the necessity FOR such regulations, and SO ar
they could do II, had eniearorod to provide tom
II however, @ these orders are questioned because
authority which did not posscss or because thew
are doomed unnecessary, there has heen, M ihoro
is now, ample power to cause them to be revoked,
In regard to another class OF cases to which
these ordcrs relate. will not say moro than ia.
e1presa my surprise that outside OF these states,
there should DO fouul any objection 10 stay OF
ing the rebellion; the consideration exprcssed in
such contracs was in currency created 10 support
the rebellion; tho substance Of the contracts was
United sate To admit recovery aeeoSng .aSs IN te ie
the terms OF tho contract, was but to maintain q
paipahie p. fraud; and to regulate the recovery by
as expressing value, Us money, in open disregard
Of the laws Of the United States. What should bs
done ultimately in such cases, did not undertake
70 do-ide; What did, was to suspend the en-
torceucnt of such coutraots until the establisb
ment OF legal civil government Who're both
parties to these contracts remained hero during
rights should await the establishment OF q legal
government. and such provision as II should mako
for such cases by legislation. And when either Of
fui in his allegiance to the government of tho
United States, it would be difficult for him to chow
how he could consistently or lawfully have been
connected with such CONTRACT :
In connection with these measures to which I
have referred, will only add a uassina word
lat. As to the matter OF bail, which had become
tho process Of attachment, as it, VAS known here.
Aid which had also feen abused 3D. As to juries:
no stato laws haylnE provided for tho new eond-
exercise the power Lossehsed O, or tho State laws
TO- adapt them to the requirements OF the present
tribunals Of the State and Of tho United staies;
should cease. II could not be pretended that
specially charged to enforce obedience to the laws
OF the United States could aoauicses in that
positive abrogation OF them, which consisted IN
n
laws which Congress had passed for tho enjoyment
OF all civil and political privileges without regard
To casio or color .
Without theEa orders, ics me ask by wilt law
or upon what authority would juries be organ
lied in tho courts Of ihe United States? believe
that tho laws OF the United States provide that tho
qualifications af jurOra, and the modes prescribed
tor drawing, jnries in the, courts Of tho United
States, should be the Same aa arc provided by tho
laws OF the several states and adopted in practice
Congress has provided new causea Of challenge,
and therefore OF exclusion Of sone wh0 ptierwBe
would be qualified 70 serve. Blu. no lag3pf the
jnries to be- drawn In the courts ofsthS 4Enised
States. differently: from that mode whieRyas faae.
ticed III the e91rts q the State in obedience tbs
essential not onS for chs administrator Of justice
in the courts Of the State but also in the courts
of the United States, that the order In relation 10
juries should be made. W.
TO rccapitulata - ~ ~.
!. II is expressly declared by tho Acts OF Don.
gress that tho eSisting illegal governments in the
rebel sta1os are ~ all IssRsss 70 the mill
that there can be no question that General Orders
No. 10 ore obligatory upon tho State courts.
shs
Carolina that tho legal relations Of persons within
this Military District are governed by the regnln-
tions prescribed in General Orders No TO-, and
therefore ts conrt refused to entertain, and did
not entertain the suit Of citizen OF North Caro-
lima against citizen OF South Carolina, for cause
OF acton snspenueu Dy the military authority VI
the District Commander. ....' ... z. U.s
8. The question romains, whether person re-
siding outof tho Military District. can como hcro
and by tho process Of court or tho United Statos
pnforUo remedies rightfully prohibited as to all
persons belonging within the District, aud which
confessedly could not be prosecuted by any party
in the state courts, Unless this question DO I'M
sweted IN the negative, it follows that stranger
coming within this military command, brings with
him rights and privileges not possessed by persons
residing here; and among these priyileg0s is NOT
legation resting upon ali residents to oboy tho
orders Of tho Military Commander, hut also tho
power to deprive any Caralinan, against whom
such stranger prosecutes q demand, OF whatever
sured to tho people OF the carolinss by General
4. No question or issue has yet risen between
the courts OF the United States ia this Military
District and the District Commander. It appears,
however, that an Issue Ia invited by q subordinate
ministerial officer: Tho regulations prescribed
In General Orders No. 10 have not been considered
States, except in the South Carolina Circuit,
where, as has boon seen 1.-THE provisions Of tho or
| der were enforced. The only judicial precedent,
therefore, is against the action OF tho Marshal of
North Catolina Who 10 not even judicial officer.
| The process in tho hands Of bis deputy was not
/ issued upon any Judgment, decree or order in
which tho court had passed upon the PoEsrs du
presumed that perfect harmony Of action does
exist and viii e9hti4qe to eIst, between tho fede-
raj Judiciary and tho military AUTHORITIES Of the
United States in the Second Military District.
| g. Tho execution OF O. certain process IN tho
hapds Of q Deputy Marshal has been temporarily
suspended; the matter is held under advlsenent by
the District Commander until the real nature and
| OH ~ tho prnaaedin0p can la As0aftaine0