Wilmington journal., 1867-10-04
The Evils OF Military Courts "a Substitute
Tor the Civil Tribunals

!
for the Civil Tribunals
Memorabilia, q correspondent of the
Sumter Watchnlan, sends that journal a
letter upon the military courts which have,
in several districts, been substituted for the
regular civil jurisdiction of the State. He
says:
We have provost court here, and from
all that we hear and see, we are forced to
the conviction that its removal by the mill
tary authorities would be very welcome to
our citizens. There never was necessity
for q provost court here no lawlessness or
violence has existed in the community
Even through the whole process of regis
tration, there has been no single case of a
violation Of the peace. Registration is now
over ; our regular civil courts are coming
on, the District Court sits next month the
regular term of the Common Pleas and
vember; why then should this provost
court continue ? It is hardship on our
people, and perhaps the result of military
Investigations Is as unlike to accomplish
justice as any court can be. We will illus
trate by two examples, one of which oc-
CURED in a neighboring district and one in
this. By giving synopsis of these cases
we do not intend to charge any corruption
on the military tribunals, but only to show
that their bearing is entirely against the
white man and III favor of the freedman,
and this Is not strange when we reflect that
they owe their origin and existence to the
presumption or suppOsition, that the regu-
lar civil courts do not render equal Justice
to the negro-a view that is only taken by
those whose interest lies in the interruption
of the regular order of things
CASE FIRST.
The United States the White Man.
First Count. "Larceny."
Second Count. 'Harboring stolen Fodder
THIRD Count. "Folnontins a Riot
Facts White man owns plantation, cultivated
by freedmen, but lives himself some dozen miles
Oft, and seldom goes on the farm, has contract
which requires hlm to furnish all the food for the
horses, aud to pay for any such food supplied by
the freedmen.
Fodder is stolen, sus cion lights on the freed
on the farm A search warrant is taken out;
the freedmen resist execution; additional force
is obtained the search Is made and the fodder
found on the place and il the barn. The Fl eed-
men are arrested and az four acknowledge their
guilt, acknowledge that they took the fodder they
say, however, that they were induced to take it
by the owner of the place. The authorities stip
ulated to let the four (4l freedmen Off, provided
they turn States evidence against the (One) white
mar.
The trial comes on three out of the four freed
men refuse on the trial to swear that the white
man knew anything about the matter. one (1)
says he told nnl to take It, but all agree In saying
he could not possibly have had any interest in the
theft he had to pay freedmen for all the fodder
furnished by them.
BE proves, too, he had been the place only
three (3) times during the year, and each time
with and in the presence of another white man,
and that he had no opportunity to give such ad-
vice. and was never ON the place after the fodder
taken, and has BAD nc sui sequent comnuni-
cation with the freedmen.
lie proves an unc xceptiOnahie good character.
IGdjct-" Gai!ty Oh each count"
Sentence" Two years imprisonment in ---
Fort
The case ie reviewed, and the Commanding Gen
eral reyerseS the liudiugB on the first and third
counts; bat su5tans the finding on the second
count, to wit: s. Guilty of harborinG stolen fod-
der - (whu stole it then, and what il done with
the real thieves ?-nothng), and continues the
sentence OF two years imprisonment against The
1rtHc nlat.
CASE SECOND.
The United States Is. the Freedman-Larceny