The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-06

n n proner "a remark in passing that this order,
which Was one OF the issued by me after Assum
inc his command was q, the time OF saon
duly forwarded the Adusnt General Tor the informa-
ton OF Ihs proper authority The oreer mas been In
Sorce for nearly fve months without any cncsl NINA
lion thai lis provisions disapproved The charge
shst have made issue with the supreme Court and
have set at defiance its DEGREES s utterly unfounded il
subordinate fupconsry OF Of the United States
whether for his purposes those or any otner,
chooses 10 his functions that either he
be controlled or else the military authority established
by Congress over these states is 70 be deted by him
and thus held Up to contempt, the issue is
made up ostensibly with q military commander; but
In fact with the Congress of tie Untsd States The
military authority in these States is OF Con-
gress The military force in these States is here to
execute The laws Congress had passed The modes and
the agencies now provided and employed to the
purposes Of Congress have been approved by Congress-
erection by when the authority controlled mas ZEN
enlarged II would bs invalid TO charge me with
OF proper respect 20 the judicial department OF the gov
ernment when, to the utmost possible ini, to which
could have exhibited that Difference and respect to
u which felt that Is became all persons 10
authority to exhibit. i have responded here In
my Official capacity 10 lhe summons OF the
court Of the United States. have, when required:
respectfully presented the aud
the grounds for my official conduct and when its order
was made to attach my person and CO mint mo TO the
jall ! was told from the only source through ~nlcn
the arrest but 10 arrest those VINO would attempt 10 ar
rest and although the order Of the court for dis ,be
dience OF which thus shreatened commanded me TO
deliver certain prisoners mad been tried and con-
demned for the murder OF Union soldiers under cream
OF xggrAvatcn aud atrocy. the PRESIDENT
himself By military order, subsequently directed the
removal Of the same prisoners from the jurisdiction Of
tho United States court tor soatn Dina The COM
plan NJ made IS that have forbidden The execution
Of the process OF the court O the United states In North
Carolina and thus set myself above the OF the
land. II II had been fairly sad that entertained
the opinion that the Rame reasons of puoic policy
which constrained TO determine the time aud
manner in VIII oh collections of debts should be enforced
the State should equally guide me the
else Of just and necessary discretion in like cases IN
all courts in this Military DIS rick my position would
gress intending the restoration of these States
the Union, made all other considerations subsidiary
that process OF the OF the United States sh lud
override aud set aside the orders Congress has empow
sred me TO make for the execution of It's measures II
IL was further sa,d as II might be truly and should be
justly said shat mad mover received, directly or ndi-
rectly, any intimation that my superior in authority
ALTERED with this opinou or desired the meas ire
taken in furthsrance OF IL modified many existing ap
prehensions AZ to my conduct aud motives would be
corrected
If was disposed to narrow the ground of my iusnca
ton 1t would b. easy TO draw your attention 10
tho tact that had the Marshal in North Ca Oil wished
harmonious action between the military and
the civil departments Of the government II could ma
been easily done by simply posponing the execution OF
when by law he required TO make his return This
proceeding would have carried with II acquiescence
in the authority of the military government established
in the rebel states as provided cy Congress WIZ not
the point how far civil functonares OF the
United states, view OF the great end to be accom-
plsheI ought cooperate in averng the pernciJus
couse Quence 10 the people OF States which
sole purpose Of General Orders No. 10 To prevent
If great public mischief justly appreneDded by means
OF certain proceedings in the State courts, 1t is
sonable suppose that the like in the courts Of the
United States would produce the same mischief II the
evil will come IRON the mode in which the process OF
tho Stale is enforced is IL not reasonable 10 cup
pose that the like process in the courts OF tue Un e
nischicf9 If the publ good is promoted and
public order secured by regulating the tne OF pro.
the state courts the United States co rts shoid
cooperate for the same purpose oy the adopon OF the
Are the courts OF tile United states
responsible the devised for the restoration
Of these States? Is too mucD To suppose and expect
thai all courts In this Military District will recOSniz. t,e
authority and respect the adopted by those
who charged with that duty and are responsible for
the resus Ii the modes oil proceeding 10 the courts OF
the United States by the laws OF the United states
those In force in the courts OF the Stale,
and the military commander OF this District In the ex
Of his iudsputable po and to accomplish the
end OF Congress In restoration OF tneso States should
modify such modes Of procseong would not 1e grave
whether they should not k wise modify their rules OF
procedureY II they were independent oi all modes OF
proceeding In tho Of tho state and could regulate
their thoy PLEASED. wo Id IL not even b, very
grave for court Of tine United s,at.s 70 disregard
all considerations affecting the peace and welfare o; The
people Of these States the OF the
military commanders charged with tho execution Of the
measures Congress has provided for the reconstruction
While proceedings in the courts OF the Sta'es tor
Of action arising during the rebellion are stayed
once open wide the doors the Un ted STATES court
in this Military District for such litigation, and who
will mark the limit Of fraud and perjury, provoked by
cupQlty, winch VIII DO nVOkeO 70 s0CuTo
ton OF the federal tribunalss Toe citizen Of North
Carolina whose debtor ia IN North Carolina mas no
remedy but 10 the coars Of that State The citizens OF
South Carolina having with each other the same rela
ton restricted Also a TO their forum IN the recov
cry whatever these citizens Of States respect
lively claim against citizens Of the State. They
must wait for certain specified time In
some cases. and in others until loyal "a,
the citizen OF virginia crosses the line and cues the c
zen of North Carolina courts OF the United States for
that State aud the citizen OF Georgia comes into the
Gc. lima
the Ii is conceded that military authority made
by Congress supreme not exclusive, in regard 10 the
the people OF States within their respective terri
toriai limits. II THE not persons under the
same military government IN their respective states
would be in either by crossing into the Limits
Of the other may ask what opinion can De had OF the
consistency with which the power or the government IS
thus exercised? What effect Il must produce upon the
people of these States too plain TO be discussed.
Is due TO my self TO mention two exceptions distinctly
made all OF th regulations and orders under consider.
alton. In all cases technically demon mated forts no
interference has been attempted or allowed Tue reme
dies for the redress OF private wrongs have always been
secured In the next place, ths Jurisdiction OF the
United States has been In the slightest manner in
terfered with. On the contrary, have felt IL the high
duty 10 uphold aud required, 10 enforce that ursdc
ton Il mus. be ac.nosedssa that ans responslo'iX ~.
power aud his duty. The power gwen rs intended
TO accomplish certain results which depend almodt
equally upon the control OF the government OF tue
United States exercised, and upon the protection II
affords. That protection could not have been in any
manner mors acceptably afforded than by the
have adopted 10 enable tue people to feeu aud coshe
themselves and to cover the exhaustive struggle
in which they been engaged The people OF these
states have felt that they must obey tho laws Of the
United States They have seen that the same power
which demands obedience can give and has gwen that
protection which has enabled them 10 repair IN some
degree their broken fortunes
roe Circumstances which led TO the PRONUNCIATION Of
General Orders No. 10 have been already briefly
mentioned There was presented population every.
where impoverished. ard in many counties threstened
win starvation With the roopeniug OF civil tribunals
suits were commenced In numbers far exceeding any
that had been known. When forced 10 execution
hna process carried W its last and harshes limit
without mercy. The cultivation OF the sou from whcn
alone rrrsant -iionori or future ssccorcoud he de-
rived. vas abou, 10 soandoned, because he who
would undertake ia tisge felt thai " was un'
certain Il he would be allowed 70 hold his lands
until his crop made and that II h did make the
crop he yielded his labor TO another who would take The
proceeds from bis family without rcmorse In all the
departments OF labor the feeling OF DESPAIR was pre-
dominant Thus driven 10 desperation disorder had been
manifested violence threatened 10 the civil courts
and civil officers the public peace vas exposed 10 IN
~ ueni peril and state of snsrchy impending that
would required for Us suppression The serns et-
-rci-e OF military authority. To this unhappy
rcnfittou avioenrs cs which mutt