The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-06
The President and General Siehles
GENERAL sICItLEs' DEFKNoE.


The President and General Siekles.
GENERAL sICItLEs' DEFENCE.
HEADQUARTERS SECOND MILITARY DIST.
CnAELEsToS, 5. e., August 30, 1867. (
General ~ have thehouoI, in compliance with
tho tacts and considerations bearing upon tho
question whichhas arisen In North Carolina be-
tweon tho civil md military authority; my report
embraces, i'll accordance with your dcsiro tho in
terpretation given by me to paragraph II OF Gen
oral Orders No. 10 also, references tho Acts OF
Congress, from which is derived the authority ex-
in question and statement OF somo OF tho rca-
Sons justitying them. And IL this communication
shall appear to DO moro soluminous and elaborate
be found, trust, in tho dosire 70 omit nothing
you might doom essential to the most exact re-
view OF all that has been done.
The refusal or tho Marshal Cor the District OF
North Carolina TO give any Information about the
process of the United States Courts in his hands,
has prevented final action in tlia matter for tho
want Of reliable official data. Although for the
Same reason this report has been Delayed no doubt
is untctt tanod as to the substantial accuracy Of tho
information derived from other sources, and here
with communicated, in relation to tho process the
Marshal demands shall DO executed. i-s+i
Early in the present month communication
was roceivc,l from the Marshal for the District of
North Carolina, dated July 80, 1867, informing me
that Colonel Frank: commanding the Military Post
OF Wilmington, Ind forbidden tho enforcement of
All execution issued at tho Juno term OF tho Unitod
States Circuit Court Tho communication, al
though oxceptionablo in tonc and matter, was ra-
terrea to tho Post Commander for report. Colonel
s Frank himself about the same timo, reported that
he had temporarily suspended the proceedings OF
the Deputy Marshal, assigning "a tho reason for
his action that tho enforcement of tho execution
Sns believed to he in violation Of paragraph IT.
Generul Order No. 10. This action of Colonel
Frnnk's wns approved, and no was directed to re-
port all the facts, OF tho case, when further in
slluctons would be sont to him.
F. On the 17th instant, Colonel Frank having re-
ported that tho Marshal was proceeding to enforce
his process tho following communication on the
subject was, on tho same day, addressed to the
headquarters of the Army:
HEADons SECOND MILiFAhY DisTRIcr,
EnAnLrsToN, s: c., August II, 1867.
Adintdni-Gtntra o. S. -i"mg, Washington, D.
to s n,S t9s tG9%rSinng mSphingg 9}Ger iht
North Carolina is Instructed by tho Attorney Cen
eral to enforce immediately all executions of the
United States Couits, and to report the names of
persons oflnljng obsrIcliona, with view to pro-
ceel against them under tho criminal laws Of tho
United States and asks for ipstructon5. Caused
the Commanding Officer to bo informed that on
tho receipt 81 The report ho has boon ordered to
make in relation t, the pending casea, ha Will re-
ceiye further instructions, and that meanwhile llo
will not permit the o,er or decree oI any court Ia
be enforced in violation Of existing military orders
Theao throan OF the Attorney General repeated
By the Marshal, are toreshadowed in faso and
ecandalous article OH this subject, publishoh. it
seems, not Without authority, III Inc National III
telligencer on Monday last ind to which respect
fully invite attention. I will remark that tho
auction now raised IN this matter is not now.
Last July th0 United Statos Courts in South Caro-
linn ordered mo to surrender four citiZons under
sentence OF death for the murder of tree soldiers
Of tho garrison nt Anderson Court House. / re-
fused, and the court ordered the Marshal to arrest
me, The case having been reported to tho A.liu-
tant-G General of tho Army, the Secretary of War
instructed me not 70 give up tho prisoners nor to
.PreSfQelt
afterwards commuted tho sentences of these
lncn to Imprisonment for lifo, when thoy were
sent to Fort Delaware, and thcre discharged by q
Judge Of tho United Statos Court.
If the United States Courts in tho rebel States
bo allowed to control tho military authorties tho
execution Of tho Reconstruction ASs Ti toE s on
OF these courts will begin by declaring, these Aets
eVt tsigned) ' D. E. sIcKLEs,
Msjor-General Commanding.
On iiia sanlo day the FOLLOWING reply wns receir-
60 . va - '''' $50 WAR DEPARTMENT,
WASHINGTON, August II, 1867. {
Major- Gencrat d. E Stckies, Conmanding, de-;
Your dispatch Of This date Ioccipn1,. Follow the
course Of action indicated by you as right aud ro-
gard my dispatch OF tho 18th as entirely with
{signed) u, 8. GRANT, Gonoral.
Tho instructions contained in the foregoing
from tho President, on this subject, has been re-
ceiycd BY mo. ,.-ti IL
| Herewith enclosed transmit copies OF the
| several reports and communications on this sub
ject from tho Post Commander at Wilmington
tho last OF which, bearing dato tho 28th instant
was received on the 29th also, copy Of the istte
North Carolina. These, papers having been re
ferred to Colonel Dennis, tho Judge Advocate o
the District, for his examination 9nd remarks,
respectfully invite attention to his carefully con
sidered and able discussion of tho law and iudicin
prccedents bearing OH the case, and which Is als'
enclosed.
aspects of the subject will bo found in tho com
munications already forwarded, and in tho follow
ing observations:
/ The occasion for the pr,oamnglgation Of Genera
in tho order itself, as follows: N ,.,:v
"Tho general dsstitution prevailing among th
iisycd without nfIording moans for the develop
mcnt Of their industrial resources. The natur
and extent Of tho destitution demand extra
nsa a. SaS dSop Sp are S1ns d9
garden produce failed Inst year; many famile
iiave been deprived Of shelter; uiany more noe
food and clothing;, needful implemonts and nun
population III numerous localities arc threatene
with starvation, unlcss snyped with food by tn
government Of tho United States; tho inability {
q largo portion OF the people to pay taxes 1osrG
tho local authorities Without adequate means {
relief and the gravity OF the situation ID increase
by tho general disposition shown 6y creditors ts ;a
|, enforce, upon an impoverished people, tIc Inme
fiato collection Of nh clpims.
'Io suffer all this to go on without restraint o
, remedy Ia to sacrifice tho general good. Th
rights OF creditors shall be respected; but the al
puaI OF want and suffering must be needed boye
| by thcso considerations, tho following regula
tions nro announced: They will continue in fore
, | with such notifications as the occasion may n
aure until the civil government OF the respeeti,
Stntes shall 10 established, in accordance with u
' requirements Of the government OF tho Units
1 States.
"The Commanding General earnestly desire
r and confidently bcliores that tho observance
: thcso regulations, and tho cooperation OF all pc
SONS concerned In employing fairly and justly Il
advantages stilI remaining to tborn, will mitiga
> the distress now eIiHting; and that the avenues
, industry, enterprise and organization thus one
cd, will contribute 10 tho permanent welfnro' al
: fniIira happiness Of the people"
! ] The particular question nov under consider
tion artaos upon pssagragh II Of the order, Hh
10 a. follows
or money. on causes Of action arising between u
Isth of Decclnber, 1870, and tho 10th OF May, 1876
/, shall not BIO enforced by execution against q
Q Drorerty or tho person Of the defendant. Fl
q cee5pss In snch csnses OF action, now pendin
sbnII be stayed; and no unit or process shall
. hereafter instituted or commenced, for my su
O causes Of action" $50 - s.t-
: atnod from three Or four additional paragraph
iii, Imprisonrhent for debt 10 prohibitod; unle
thn drfendnnt In execution, shall be convicted