Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-09-05
Gen'l SiekIes Interpretation OF General
Orders No. 10.

Gen'l SiekIes Interpretation OF General
orders No. 10.
Subioined will be found the important
report Of General Sickles to General Grant
upon the collision that has arisen in North
Carolina, between the civil and military
authority. Its publication by General SlckIes
has been authorized by General Grant:
HEADQUARTERS SECOND MILITARY DIS
TR1cT, CHARLESTON. S. c., August 30, 1-67.-
General: have the honor, in compliance
with your instructions dat ID the cath instant,
to report the facts and considerations bearing
upon the question which has arisen IN North
Carolina between the civil and military au-
thority; my report embraces in accordance
with your desire, the inter pretation given by
me to paragraph IL Of General ORDERS No. 10:
also, re tferences TO the Acts of Congress, from
which Is derived the authority exercised in
the promulgation of the military orders in
question; and a statement Of some Of the
reasons justifying them. And If this commu.
nication shall appear to be more voluminous
and elaborate than the occasion seem to re.
quire. my excuse will be found, trust, in the
oesire 10 omit nothing you might deem essen-
tial to the most exact review for all that has
been done
The refusal OF the Marshal for the District of
North Carolina to give any information about
the process Of the United States Courts in his
hands, has prevented final action In the matter
for the want Of reliable official data. Al
though fer the same reason this report has
been delayed. no doubt Is entertained as 10 the
substantial accuracy of the information de-
rived from other sources, and here with com.
municated. in relation TO the process the Mar
shall demands shall be executed.
Early in the present month q communica-
ton was received from the Marshal for the
District of North Carolina, dated July 81, 1867,
informing nae that Colonel Frank, command.
ing the Military Post of Wilmington, had for.
b'dden the enforcement Of an execution issued
al the June term OF the United States Circuit
Court. This communication, although excep-
tionable in lone and matter, was referred 10
the Post Commander for report Colonel
Frank himself. about the same time reported
that he had temporarily suspended the pro.
ceedings Of the Deputy Marshal, assigning as
the reas on for his action. that he enforcement
OF the execution was believed 10 be in viola
uon OF paragraph ii General Order No. TO-
This action OF Col. Franks was approved and
he was directed 10 report all the facts of the
case, when further instructions would be sent
to him.
On the 18th instant, Colonel Err nix having
reported that the mar Ishai was proceeding 10
enforce his process, the following com muni-
cation on the subject was on the same day adj.
dressed 10 the Headquarters OF the Army:
HeGdqaorters Second Military District, Charles
ton, S. e., August II, loG1.-Adjutant General,
L. S. Army. Was hington, d. c.: The Com
mandlng Officer at Wilmington reports to me
this morning that the United STATES Marshal
tor North Carolina is instructed by the Attor-
ney General 10 nforce immediately all execu-
tions OF the United States Courts, and to repor,
the names OF persons Offering obslru etIons,
win view TO proceed against them under
the criminal laws of the United States, and
asks Tor Instructions. ! caused the Command
ing Officer TO be informed that on the receipt
OF the report he has been ordered 70 make in
relation to the pending cases, he will receive
further instructions. and that mean whiIe he
will not pc. MI the order or decree OF any Court
to be enforced IN violation OF existing mili.ay
orders
Tfese threats OF the Attorney General, re-
peated by The Marshal, are foreshadowed in a
false and scandaious article on this subject,
published, il seems, not without authority, in
the Nattonal InteligenceT on Monday last, and
to which respectfully invite attention. l
will remark that the question now raised in
this matter is not new. Last j My, the United
Stairs court in South Carolina ordered me to
surreder four citizens under sentence Of death
for the murder Of three soldiers OF the garrison
az Anderson Courthouse. refused, and the
Court ordered The Marshal to arrest me The
case having been reported 10 the Adjutant
General of the Army, the Secretary OF War in
strucied me rot TO give up the prisoners, not
TO submit 10 arrest. but TO take ints custody
any and all persons attempting either. The
President afterwards commuted the sentences
OF these men TO Imprisonment for life, when
they were sent 10 Fort Delaware, and there
discharged by Judge OF the United States
court
II the United States Courts in the rebel
States be allowed TO control the military au-
thorities, the execution of the reconstruction
acts will for obvious reasons soon become i'm
practicable; Some of these Cour;s will beeln
by declaring these acts of Congress void.
Major. eneral Commanding.
On the same DAY the following reply was re.
ceived from The General-in- Chief
WAR DEPARTMKNT, WASHINGTON, August
Il, 1857. 7.-Aoiog- General d. q. sicI.Ies. Gom-
aandtng, de-. Your dispatch, Of this date re-
ceived. Follow the course OF action indicated
by you az right, and regard my dispatch OF
the 18th as entirely Withdrawn.
(Siened) US. GRANT, General
The instructions cont aimed in the foregoing
telegram have been observed. No cemmuni-
oati0n from the President, on this su biect, has
been received by me.
herewith enclosed l transmit copies ot the
several reports and communications on this
sui ject from the Post Commander at Will
m ing tou, the iast OF which dearing date the
2srh instant, was received on the 29in: also, a
copy OF the letter addressed to me by Mr..
Goodloe, me Marshal of North Carolina.
These papers having been referred TO Colonel
Dennis. the Jndge Advocate OF the District,
for his exam nation ana remarks. respactful-
~ invite attention 10 his carefully considered
and able discussion or the law and judicial
preeiaeDts bearing on The case, and which is
also enclosed. EsE< s. s.
My own views upon some, at least, of the
yarious aspects OF the subject Will he found IN
the communications already for warded and in
The following observations: y5.a.4l IS
Tie occasion for the promulgation OF Gen.
erai Orders No. 10, OF April II, 1867, is briefly
set forth in the order itself. as follows
THE general deatitution prevailing am ong
the popni iation OF this Military Dis.rict cannof
be relieved Without aHording means for the
development Of their Industrial resources
The D a,nre and extent OF the destitution de.
mand extraordinary measures. the peopls
are borne down by heavy burden or tfahf.
the crops OF grain and garden produce failed
last ye ar; nj any families ha We been deprived of
shelter; many more need food anu ciorhtux;
needful implements and auxillaries OF hns.
bandry are very scarce; the iaboring popula.
ton in numerous localities are threatened with
starvation nniesa snppiied with food by the
Government Of the UDi,eo States; the inabiii-
" Of = large portion OF the people to pay taxes
means OF relief; and the gravity OF the situa-s
ton is increased by the general disposition
shown by creditors to enforce, npon an I'm.
poverisbed people, the immediate collection Of
all claims. fr-g..a FE s5F - FL. IL s. ~
Il To suffer all this TO 90 on without restraint
or remedy 10 70 eAcri6ce the general good. The
rjeh's Of creditors shall be respected: but the !
appeal OF want add suffering must be needed
Moved by these considerations, the following
are announced: They will con. \
tin ne IN force, with such notifications as the
OF the res pectIve States shall be established, in
accordance with the requirements of the Gov.
eminent OF the United States s-zfttJ1
THE Commanding 0enerAi earnestly desires
and confidently beheves that the obser vance
Of ihese regulations, and the CO operation of
aal persons concerned In employ Ing fairly ana
Justly tie advsEtSges sfIll rem a,nIpg to them,
will mitigate the dleifees now existing: ana
thai the avenuesof industry, enterprise ana or
permanent ,welfate and future happiness OF
tbs people"
The parfic nlar quert tion now under consid !.
efAflOn ar.sss upon payAgraph IL CT the order