Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-09-05

or MS debt or demand. And the proceedings
now established in North and South Carolina,
respectively, for the trial and determination OF
such questions, may be adopted"
". All proceedings for the recovery of
money under contracts. wiener nnder sale or
purchase OF negroes, are suspended. Judg.
ments or decress entered or enrolled for such
causes Of action, shall not be enforced" Z
pons except by officers and soldiers in the
military service Of the United States, is pro-
hibited. The concealment Of such weapons
denes ytoisssn Us Of III this csdsr Mi
render the offender araenable TO trial and pun
isbment by Military Uomnission." i #2
XIII. The orders heretofore issued 10 this
Military Department, prohibiting the punish
ment of crimes and offences by whipping,
manning, brandiBg, stocks. ptl,ory, or other
eorporeal punishment, are in force and will be
XIV. The Governors or North and Sonth
Carolina shall have authority, within their
jurisdiction respectively, to repriave or par
don any person convicted or sentenced by
civil court, and to remit fines and penalties"
wi. In all sales of property under execu-
ton or by order Of any court, there shall be re-
served out of the property OF any defendant
who has family dependent upon his or her
labor, dwelling house and appurtenances and
twenty acres of land for the use and o1cupa.
tion OF the family Of The defendant, and neces-
saIy articles OF furniture, apparel, subsis-
rence, implements of trade husbsndry, or
other employment, OF the value OF five hun
dred dollars. The homestead exemption shall
say, TO parent or parents and child or children.
In other cases, the exemption shall extend
only to clothing, implements Of trade or other
employment usually followed BY the DEFEND
ant, OF the valne OF one hundred dollars. The
exemption hereby made shall DOt be waived
or defeated by the act of the defendant. The
exempted property Of the defendant shall be
ascertaiDed by the sheriff, or other officer en-
forcing the execution, who shall specifically
describe the same and make a report thereof
IN each case to the COURT
1t is proper to remark IN passing that thsi
order, which was one Of the earliest issued by
me after assuming this command, was at the
time OF its omulgafion duly for warded to the
Adjutant General fer in Information OF the proper
authority the order has been in force for nearly
five months without any official intimatioR
that its provisions are disapproved.
The charge that have made an issue with
the supreme Court, and bave set At defiance
its DEGREES, is utterly unfounded IL subor-
dinate functionary OF court of the United
States, whether Tor bis own purposes, or those
OF any others, chooses SO TO execute its func-
tioDs that either he must be controlled, or else
the military authority established by Congress
over these States is to defied BY him. and thus
held up to contempt; the issue is made up
fact with the Congress OF the United States
The military authority in these States is the
creation OF Congress: The military force in
gIess has passed. The modes and the agencies
now provided and employed to execute the
purposes OF Congress have been approved by
Congress; the authority given has been con-
frmed; and the discretion by which that
authority was controlled, has been enlarged.
1t would be in VAN 10 charge me with a
want OF proper respect 10 the judicial depart
possible limit TO which could 90, l have ex.
exhibited that Difference and respect to 1t
which felt that it became all persons in au-
thority to exhibit. l have responded here, in
m oiS Sv tn fhA
Court OF the United States / have, when re-
quired. respectfully presented for it's conside-
ration the causes and the grounds Of my off,
cial conduct And when It's order was made
TO attach my person and commit me to the iatl.
l was told from the only source through which
! could learn the wishes OF the President. not
10 submit TO thy arrest but 10 arrest those who
would attempt to arrest me. And although
the order OF the court tor dieobedieuce 10
which / was Ihus threatened, commanded me
to deliver certain prisoners who had been
tried and cCAdemned for the murder OF Union
SOLDIERS. ujder circumstances Of great agra.
vation anh atrocity. the President himself by
military order subsequently directed the re-
moval OF the same prisoners from the iuris
diction OF tile United States Court for S;outh
Carolina. =
The complaint now made is, that have for
Ddden the execution OF the process Of the
court OF the United s tales in North Carolina:
and have thus set myself abov the Ia " OF the
land. II il had been fairly said that enter
tanned the opinion that the same reasons OF
e
termine the time and manner in which co(lec.
tions of debts should be enforced in the State
courts, should equally guide me IN the exer-
c,se OF INST ana necessary discretion in like
cases In all courts in This military district. my
position would nave been truly stated. For
do firmly believe that Congress, intending 10
secure the restoration OF these States to the
Union, made all other considerations subsI.
dary TO the accomplishment of this end. do
not believe that the process OF the courts OF the
United States should override and set aside
fhn
make for the execution of its measures II it
was further said, as it might be truly, and
should be justly said that had never re-
ceiyed, directly or Indirectly, any intimatioa
that my superior in authority differed with me
IN this opinion, or desired the measures taken
IN fnrtherahce OF ii modified, many existing
apprenensions as to my conduct and motives
would be corrected.
If was disposed TO narrow the ground of
my JUSTIFICATION, 1t would be easy for me TO
draw your attention to the fact tnat had the
Marshal IN Nerth Carolina wished 10 secure
harmonious action between the military and
the civil departments OF the Government, it
could have been easily done by SIMPLY post
ponlng the execution of his process until the
next term Of the ceurt-the time when Ia leu
he was required 10 make his return. This pro.
ceeding wou1d have carried with it az acgnies-
ceace m the anfh"rttg of the military geeernaieafs
established IN The rrbei States, as Pr0Uided by
Congress, .s.
will not discuss the point how tar the civil
lnnctionarleh OF the United States, in view OF
operate ia ayerung the pernicious conse-
quences 10 the people Of these STATES. which it
was The sole purpose of General Orders No. 10
10 prevent. IL great public mischief Is Justly
apprehended by means OF certain proceedings
III ihe State courts is 1t NOT reasonable to sup.
pose, that fhe like proceedings in the courts OF
the unlied States would produce the same mis-
chief? II the evil will come from the mode In
which The process OF the State courts is en-.
forced, is II not reasonable to suppose that The
like process IN the courts of the United States
enforced In the same manner would produce
the same mischief! II the public good is pro-
moteo ana pubic order secured by resu-
courts may ba enforced, Is it too much
10 expect that the courts OF the United States
should Cooperate for the same purpose by
the adoption OF the same means! Are the
courts Of the United States responsible for the
means devised Tor the restoration of these
States! Is IL too much to suppose and to
expeci, tnat II courts in this Military District
will recognize tine authority and respect the
measures, adsp ted by those who are CHARGED
with that duty and are responsible for the
result! II the modes OF proceeding in the
courts of ihs United States are by the laws of
the United States assimiiated to those OF force
In the courts Of he State; and the muftary
his tnd1sp suitable power and TO Accomplish the
end of Congress in the restoration OF these
States, sbould modify such modes Of proceed.
Ing; would II NOT BE- grave question for the
courts OF the United States to decide whether
they should not likewise modify thsir rules OF
PROCEDURE II they were independent Of N;
modes Of proceeding in the conrts of tue state,
would 1t not even then be . very crave error
for a court OF the United States o disresardl
AL considerations Affecting the peace and wei.
rare Of the people Of these States. And overrule