New-York tribune., 1867-09-06

Il
with your instructions dated the 2h instant report
the facts and considerations bearing upon the question
which has arisen in North Carolina betweeR the civil and
military authority my report embraces, in accordance
with your desire the Interpretation given by me 10 para
graph H. of General Orders No 1o also, references 10
the Acts of Congress from which is derived the authority
exercised in the PRONUNCIATION of the military orders in
question and statement some Of the reasons iusti
flying them. And If this communication shall appear 10
he more vOluminous and elaborate than the occasion
seems to require, my excuse Will be found trust in tho
desire 10 omit nothing you might deem essential to tho
most exact review of all that has been done.
The refusal OF the Marshal for the District OF North Car
olna 20 any information about the process of tho
United States Courts IN his hands, has prevented hnal
action IN the matter for the want Of reliable official data
Although for the this report has been de-
ayed no doubt is entertained the substantial
cy OF the information derived from other sources and
herewith communicated, relation TO the process tho
Marshal demands shall be executed.
Early in the present month n communication was re.
ceiyed from the Marshal for the District of North Caro-
lima, dated July 80, 1861 informing that Col Frank
commanding the military post OF Wilmington, had forbid
den the OF execution issued at the Juno
term OF the United States Circuit Court The commun
cation although exceptionaDle in tone aud matter
referred the post commander Tor report Col Frank,
himself about the time reported that he had tenn
porary suspended the proceedings OF the Deputy Mar
shall assigning the reason for his action, that the en-
folcemcn or the execution believed to be IN violation
of paragraph II General order No. 10 This action oe
Col Franks approved and he was directed report
all the acs OF the case when further Instructions would
On the 18th inst Col Frank having reported that tho
Marshal was proceeding TO enforce s process, the follow.
ing communication on the subject was the day
addressed to the Headquarters o the Army
HDe,s. MILITARY DrTKcT,l
AoyaontGnaa. :; s Armg nasAagtoa. D. .:
M % o,s% s s., Nss Gs 4 r ya e I s %0S @ a, tsas
1eyner1 TO ene immediately all sIeeitons Of tse United ss,es
view to proceed slas then nnsr ta criminal as; Of ise un'sa
informed that on the receipt the report he las leea Orere @aie u
s %s 70 % NH 'a,s' a t " t he ,ss e Or 1 % or ~ rv Can a
be enforce. IN violation % s:ins .iafy ors
fhudove in false and sanaoa aieIeon tbs subject published,
G,, % a and to which Especially invite attention vii ~msSs Va.
ts q.eO1 % no" % b & y , % ] Us % =, n,s n I @ Is @ es ,s @
der VI death for the murder Of three soldiers q The at
The having been reported the Au'ant General of
@ @ sD sffts' s .rs Saf @ @ o m @
attempting either The President eOmaa'e The se1,ss. % .f
and there a.ee BY Jas Of ss United state. Cont
The mil. authorities, the execution Of the acts vi. 5
begin by declaring these act, Of Congress void c.,..
On the same day the following reply was received from
the GeneralinChief; y....
ySo, n, Of b dsi res,is% Follow III. e,ur.s Of action %
if %saw" % you "S" 'nu 's' my e. Gn.ST ssss.i
The instructions contained in the foregoing telegram
have been observed. No communication from the Presi-
dent on this subject has been received by me.
Herewith mclosed transmit copies OF the several re-
ports and this subject from the Post
Commander at Wilmington, the last Of which, bearing
date the 2Sh inst was received on the 18th also copy
Of the letter addressed TO me by Mr. Goodloe, the Mar.
hal of North Carolina These papers having been referred
Col Dennis, the JudgeAdyOcate of the District, Tor
his examination and remarks, respectfully invite atten-
ton his carefully considered and able discussion Of tho
law and judicial precedens bearing on the case. and
which Is also inclosed
MY own views upon some. at least, OF the variOus
aspects of the subject win be found in the communication
already forwarded and in the following observations
The occasion for the PRONUNCIATION OF General Orders
No TO- OF April H. 1867, is briefly set forth in the order
Military District cannot be relieved without aaordng Tor ,hs
dssaOn extraordinary people dovg
% & S@ % s s .s sSP i Of 'S n R" more @
food and clothing nee implements aud aures hnsbandy
ed %h t.Tsa@ "a @Psd WITH fSod BY Sc
@ sS G Without sdsSn.s sSSs s fGs S
The a Of the aaon increased By The general disposition shown
general good The right: q creditors shall be respected Su, he appeal
the oowng regulations announced; They will continue
with .s . @ Se1p . r. may sPa q % Ss @ %
the requirements q the Government Of the United states
tbs, the o. these regulations aud the cooperation
ns to Mitigate existing
the an" & R.OSe. .eS ,Ss SsfSss p
The particular question now under consideration arises
ySss, OF ass.fs M & % Of 1851 90 % S % h @ e' ~ m,
defendant, Proceedings pepdus
4Esf % e' .aS N' "a
The OF the order may be understood
- Imprisonment tor ds is pOhnid unless the defendants
his property With intent to hinder delay and preysn th. creditor tho
ton Sd. Of such Questions, nay be aac?iei' ~ ~
AL e..;9 70; %, The n. ,s,ST Of %ss;y Ss SE -, S
sns q @ se a... % 81 .s: A I% sa1 ss entered
x Tue % liSi .: i'a ss'i ssi?sa; 'i sst' % fss
q such on the viii be ss s%d az 40
amenabe to trial aud punishment by military commission
XIII The order: heretofore s issued in 81. M'aty DsD.tmss' pro-
SR sos poy or oatf co. p ss ss .S
will be Obeyed E all persons
XIV rA. Governors of North and soqth carolina shall ha, author
sSa Sd .sS'ssi iPsS S az:
penalties.
yT IL! w ;... ss g. s;:s s i. s
has smy dependent upon his dwelling srnr
% q % ne nn Ssn d ~ cs Si articles s Of as
% S s disss1 exemption .s if1 au % s, srs
to a., to % pies or P's @ 20 1d oSSs @ or S
usually followed BY the defendant the value
% s.Is sI:%E,;a gsPsIE dc s!S,
on who sh. specifically describe the same aud make report thereof
1t is proper to remark in passing that this order which
Of the earliest issued by me after assuming this
warded to the Adjuant General for information Of tho
proper authority the order has been IN force for nearly
fve months without any official int!mation that IT'S pro-
visions are disapproved.
The charge that have made issue with the Supreme
Court ana defiance its DEGREES utterly
founded IL subordinate functsnary OF court Of the
United states his purposes those Of
any Others chooses TO execute ITS functions that either
he must controlled, else the military authority
tabshed by Congress these States 10 be deed
him. and thus held up to contempt the issue is made up
ostensiby with military commander but in act with
the Congress OF the United States The military author
ity these States is the creation Of Congress The mill
tay force ia these States here to execute the laws Co.'S
gess has passed The modes and the agencies pro-
a,,Aa To nf