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

are qsslened because OF abuse Of power or because
OF usurpa,ion OF authority which did not possess,
or because they deemed been,
As there 70 nov, ampis power 70 cause them 10 BE- re-
In regard to smother clsss Of cases 10 which these
orders relsie will not say more than express my
found any objection 70 stay OF proceedings In cases
OF contracts made here during the rebellion. The
sderaon expressed IN such contracts was in currency
created TO support the rebellion The substance Of the
contracts therefore in open violation the laws OF
the United States To admit recovery according tbs
terms OF the contract was but TO maintain a papable
sud and TO regulate the recovery by sny other stand
ard was 10 recognize and adopt express
ing value as money in open disregard OF the laws Of
the United States. What should be done ultimately in
such cases did not undertake TO decide. What did
10 suspend the enforcement OF contracts until
the establishment Of legal civil government, while
both to the renamed here During the
REBEL on they wolld not complain that their rights
and suca provision as should make for such cases BY
legislation, and when either Of tue parties had professed
10 have remained faithful in his allegiance the gov
eminent Of the United States. would be difficult &c
show how he could consistently lawfully have been
connected with such contract. In connection with
these measures to which have referred will only add
First, the matter Of ball, which had become
veI,ed into an eoglne Of oppression.
Second, as 70 tho process Of attachment as it was
known here, and which had also beea abused.
Third, as to jaries. No State laws having provided
that ] should exercise the powers l possessed over
the State laws TO adapt them to the require
do So ory me ss all the Or SSaa i4Ss the
State and OF the United States should |, could
not be contended that specially charged enforce ODE
dence the laws OF the United States could acqui
esce IN that positive abrogaton Of them which con
sisted in only disregard but absolute denial OF
laws nch Congress passed enjoyment OF
all civ, and political privileges without regard
color. without their orders Let me ask by what law
what authority would uries be organized IN tue
courts Of toe United statesf ] believe that the
laws Of the United States provide that the qual6-
cations Of jurors and the modes prescribed for draw
be the provided by the laws of the
State and adopted 10 practise In the courts OF the
IaIe kecen1 essianon Oh congress mas pros'uso new
who Otherwise would be qualified to But law
OF the United States authorizes uries 20 be drawn the
courts OF the Unlted States differently from that mode
which 10 the courts OF the State prac sed In obe
dience laws of tho State II was, therefore in
my view, essential, not only for the administration OF
OF the United States that the order relation juries
should be made. To recapituate:-
Fu1 1t is expressly declared by the acts Of Con-
gress that the xsting illegal governments In the rebel
States are subject, in all respects. to the military COM
question That General Order No 10 is obligatory
the state courts
S, ond-It has been decided during the present month
the Circuit Court OF the United States for South Caro-
ra that the legal relations OF persons within this Mill
tary District governed bv the regulation prescribed
by General Order No TO- and therefore the refused
and did entertain suit OF citizen of
North Carolina against the cizen Of South Carolina for
OF action suspended by the military authority OF
the District commander
Taird--The question remains whether a per.
son residing out OF the Military District can
tue United Eta Is enforce remedies rghtfully pro-
hibited to all persons beloueing within tne
District aud which essedly coid not prosecuted
BY any party State courts Unless this que ,tion
answered in the negative 1t follows that stranger
coming within This military command. brings with him
rights and privileges not poss ,ssed by persons
s. ne nee; aud among these privileges IL not
only an exenpi,n in his own person from obligations
resting upon all residents to obey orders Of the mill
tary commanders, but also the power TO deprive any
Clron against whom sucn stranger preferred q de-
ma d o. VIII tever ii hts aud i'm nuni,ies may have
been gwen assured to the people Of the Caronas by
General Order NJ. 10
No question issue has yet arisen between tho
Of the United States in this Military district
the District commander. appears, however, that an
issue Is invited by . subordinate ministerial officer.
been considered passed upon by any courts
OF the United States except in the South Carolina Cir
cult where as has been seen, the provisions Of the
therefore, against the action Of the Marshal Of North
Carolina who is not even judicial officer. The pro-
in the bands Of bis deputy was not issued upon any
judgment decree In which the had passed
upon the powers, duties or orders OF any military
n does s and viii osnnas to ess
the federal judiciary and the military authorities Of the
United States in the Second Military District
Fh-The execution OF certain process in the hands
OF d-puty marshal has been temporarily suspend
The matter s held under advisemen o. the strict Com
ceedIngs ascertapsd by official investigation and
report Upon tho coming in Of such report one Of
s sss'rA m.er The Marshal %ss so-s%
to go on. Further action may be deferred
%n nss' ~se the tn.
then make the Court will decide whether or not win
observe the regulations presc ibed BY compe'snt mill
try authority, the whole subject be reported TO
the Ceneralin Chief tor his further instructions and
final disposition.
commander execution Of the civil process In ques
ton and the approval OF such action by the major gene
raj commanding the District there mas been no hinder
nndf ian
wolves unusual delay. because The Marshal Is not
required by Law TO make any return until the next term
s yenA.-Although IL may be assumed the District
commander would unless otherwise ordered, continue
the hands Of the Marshal and all other like pro-
cesses il will be observed That question has not yet been
decided BY the Distnct commander The case for bis
deuniivs action has not yet been presented and the
delay is mainly owing the refusal OF the Marshal to
give the military authorities the Information IN bis
possession, which Is essential TO final action.
EtgA h-The ,sss as II stands involves the mad.
Missile propost that any Marshal deputy marshal
Of court II tne United States, sitting IN rebel
his hands against all persons within the State
for which he is appointed, no matter II that
mnsnding officer Of military post or OF the District
c;mmandsra conclusion that practically subordnates
the military government established oy Congress ~
viash-Tne true intent and meaning OF the several
acs of Congress government Of the rebel States
Is that in the absence Of ali civil government therein tho
permanent authority Of Congress over them snail be
exercised by the GenoralinCnief OF the armies and
subordinate to him by the Generals commanding the
Military Dist les they we're cons uted on the
18th day or July. 1857, when the last OF The supple
meniary acts became law
Tentk lit not contemplated ny Congress that any
whatever should be hed In the rebel States and
still less that any marshal deputy marshal. sherin or
constable should DO be suffered to do any act dero-
cation Of the orders OF the OF the arm
or The General commanding htary Districts. The
Supreme Court Of the United States has recently, IN
well known case, 20 construed It's own authority in re-
fusing interfere with the execution OF the acts OF
Congress for the military government OF these States
Eiereti in June, 1885, after the peace procama-
ton, the Secretary OF War; your usrous predecessor.
approved of my refusal TO obey the mandate OF the
United states Court for South Carolina and when, In
consequence OF such REFUSAL the Court ordered my
arrest I instructed 10 take into custody all the
parties who might engage in that proceeding H. did
MOI become necessary TO execute these Instructions.
| The executive communication now mentioned IL The
only received by the undersigned tho sub
iecI OF his Official relation the courts OF the United
| States 10 this Military District
rrsph-Tbe reported remark " the learned and dis.
tucuhed Chief Justice that the military authority does