The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-06
authority auth AMI caprice of subordinate civil

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Acts ot Congress for tho government OF tho rebel
States is that in tho absence OF ull legal civil gov
ernmcnt therein, tho paramount authority ot Con.
Blesa over them shall DO exercised by tho General.
| ih-Chiot OF the armies and. subordinate to him
| ~ tho Grncrals commanding tho several Military
i,ttiels, ioU,ti as they wsro constituted on tho niue;
techtn day of July, one thousand oiglt hundred
ana siSty-heven, when the lnsl OF the jupplemurl-
tary Acts became q law.
TO- II was not contemplated 10y Congress that
any court whatever, held III tho rebel StItcs, and
still less that any Marshal Deputy Marshal Sheriff
OF Constable 81! od do OF 10 sutIrrcd to to any net
ln deEoyation OF tho orders of tho dcnoralin Chief
oIthe armies, OF OF the Generals commanding
Military Districts. The Supreme Court of the
United States has recently, in a vol known case,
10 construed ih OWN authority III refusing to inter
Iere with tho exeu'tiou of the Acts OF Congress
| for tle military government of these States.
IL. In June lSA; after the peace proclamation,
the Secretary OF War, yor illllstrions predecessor
approved cf my refusal to obey the mandate of
tho United Statca Court tor South Carolina and
when in consequence ot such refusal tho court or
uered my arrest, Was instructed to tikb into
custody all tho parties who might ehgago IN TINT
proceeding. II dill not become necessary 10 ex-
ccutS those instructions; The executive ro,nmu-
nication now mentioned IL tho o;ily one oyc, re-
csiycd by tho undersigned on the subject of his
official relation 10 tho courts of the United States
In thiA Military District.
IL. The reported remark " the learned and dis
tingulslicd Chief Justice thai ''the military nl-
tholity dues moi extend III any respect to the
passage OF tho Act OF Congress Of uy 10 1877 Con-
gress assembled aud passed Tint tlcclarutory Act
II consequence 9f certain opinions OF tho Attorney
tioneral, tic highest law officer of the Government
And to prevent similar embarraBsmcuts to the ex-
e?ullon of the Acts OF Congress, it WAS among
9ther things enacted: THAT no District Con,maS-
der or member OF tho Boards OF Registration, OF
any Of the officers or appointees acting under them
shall De bound in his action 10y any opinion Of auy
ciy,' civ, SsoT 81 the United States II would be diff
rover limits tho prerogatiyGs OF civil authority in
the Military Districts.
IL. The modes of procedure of tho Circuit and
nj ap1f f1,a tin,,
OF their ministerial officers in tho execution of pro
cess, have hitherto, by tho laws nr Congress and
Court, conlormed substantially with The practice
and procedure of the courts Of tho State or Teri-
tory IN which the Federal Courts respectively
:, ii: Congress hnving substituted military All.
thonty for that of certain illegal governments in
these States, it cannot be doubted that Federal
power to modify its own rules, and approciatinR
the true intent and meaning OF the Acts OF Con,
gross aforesaid. wonid find in the exigency which
ssnEgGsted these PROVISIONS of uenoral Order No.
lo relating to rocccdhlgs in certain civil actions
sufficient ground to moro tho court to conform to
tho regulations prescribed ia that order. and there
tween tho federal Judiciary, tho local courts and
tho military authority in the robcl States.
IL. By the foregoing recapituiation, it will DO
apparent tlint no Issue exists between the military
authorities la This District aud any OF the courts
OF tho United Stutas therein; that no court in this
Military District has refused 10 conform to the
niiitlry regulations prescribed for the govern
meat OF tho people thereof; that the Marshal OF
North Carolina, in SO far as he claims exemption
as public officer, from military control. does not
appear ta have the sanction of the judicial trbu
nal Of Which he IN the servant; that tho action OF
the Post commander at Wilmington has been con-
fined to the temporary suspension OF an execution
man,ler holds tho case under consideration on the
appeal of the Marshal from tho acti0 81 the Com
Inanding Officer Of tho POST that the Marshal,
having been requested to furnish the information
essential to further action, refused to give II, and
has proceeded in accordance with instructions re-
csiyei from, the Attorney Ceneral Of the United
States, to cnfOIco tho execution Of ihs PROCESS uf
the Court; that theroupon the District Commander
having repeated his order TO the Commanding Ofli-
inge until further orders, reported tho occurrence
10 tho General-in. Chief OF the army, by whom tho
District Commander has boon directed to follow
the course Of action he had already indicated and
taken; aud now in obedience to tile further order
OF tho Gcneral-n-Chcf of the army, all the pro-
ceciings in the case, together with tho papers
tions OF tho Major General Commanding the Dis
trist, for tue reriow aud ilna action of tho 0cne
ral.in-Chief.
1t has been my desire ami aim in tho measures
provided tor the government Of the Caronas Ia
devise and execute them with as much humanity,
seharss Of tbs duies prescribed Tor S mo G Sy S Com
Rrrass. Nouc Of the measures huvaaqopted have
ever, 20 far as know, been tlisarowsd bS tS gov
has been doho in this Military District tho records
of my Office ahnY the most perfect accord. Moth
ing has been tiqlie of which Immediate and full
information has not bren given to tho proper
authority. Nothing has beem done which has not
always been conceded as property subject To re-
view, modification ar revocation ly competent
authority. Nothing ot all tliat has been d0ne has
provoked official ccnsure or elected any oflicul
BugKestiun requiring the modification II my o.
dors; and nothing which ut tlyst nay hnvo seemed
questionable has failed to reaalYe Official approval
aftor in explanation OF tho 6it custanccs which
led to tho measure. This statement, strictly Iruo
IA far the existence OF this District 10 concerned
~
somewhat protracted-- during which haya excr-
Sdspd command in tho Carolinus with perhaps tho
single exception OF tho following insLance In 1856,
with view to conform the penul code OF the rebel
ssr1itory: committed to my command 10 the die
fStes pf humanity, well as to prevent the whole
sale disfranshisemont Of loyalsth, black anu white
hbted tho punishment OF whipping as penalty
for offence This order Tks suspended by the Ex-
ecHtiye, but the law-making branch of the gov
ernmcnt subsequently, adopted my prohibition.
have great satisfaction in reporting that tho
present condition OF affnirs in the Cnronas is one
OF peace and order Of general security to persons
welfare; of Increased comfort and prosporoIs in
dustry; and that the people OF my District have
been lifted from that doep gloom, d,stross, and
placed hero III command. 1t il because OF this
improved condition Of affairs that tho execution Of
the recent measures OF tongrehs, designed for the
government OF tle5o statos, is proceeding in all
respects most satisfactorily.
Tho people OF the CaroIlnns aro ut this moment
accommodating tho first. OF the two great tests
which sre presented to registration and
election tho slightest show OF violence or
tumult' AHpeotacle ID daily presented at tho df-
fetent preoinos, or men Of diortnt castos, and Of
all clnsses paeing theIr names on the registry OF
voters without strife or dsortar that but short
timo since would have been considered as inSolY-
ing inevitable conflict and bloodshdd. And, il OK
listing orders aud regulations remain in force,
there arc no sufficient grounds TO npprehend any
serious interruption Of the tranquility, security
and order which have happily been maintained.
Aud this has been done as ii could only hnyo
been done, by the exercise Of military authority.
conld only he taught by military powor. The
great problem is fast aptroachmg it's solution. In
q few short lnonshe or Weeks tho requirements Of
Congress will haYs bGen met; the votes will have
been cast the coi,yeition will have met; its re-
suits announced; and constitutions for these
Statos Will have been made in pursuance Of the
conditions imposed by Congress. Yet at no time
moro than the present has the military authority
Of the government been moro necessary to secure
patriotic work Of reconstruction. And yet at this
very time an issue is made which Introduces wide
spread confusion as TO the rightful character and
the lawful extent OF military authority.
The work Of reconstruction in tho Carolinas has
an boon dona quietly, without violence, without
the actual exercise OF force. 1t is known the force
is here, and i'll be used If necessary. flor can
I;ction, that if civil agencies had been employed
IN tho work OF Reconstruction, had been allowed
to control tho military in the measnres to be
taken, they would have failed; and that failure
would hayo involved at somo timo resort to mill
tary force-not to preserve order, but to suppress
violence, and tho blood 80 shed would hive cried
out to tho people upon whose soii it had fallen.