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

State, and the citizen of Georgia comes into
the courts OF the United States for South Caro-
II is conceded that that the military author.
ity is made by Congress supreme, il not ex-
elusive, in regard to the people of these TWO
Its. If persons under The same military gov
ernment, in their respective States, would
CT ase TO be SO in either, by crossing into the
limits OF the other, may ask what opinion
can be had Of the consistency with which he
power OF the Govern ment is thus exercisedi
What effect 1t must produce upon the people
OF these States, is too plain to be discussed.
1t Is due to myself TO mention two excep-
uops oistin city made IN all OF the regulations
and orders under consideration. In all cases
technically denominated "torts," NO interfer-
ference has ever been attempted or allowed.
The remedies for the redress OF private wrongs
has alW aps been secured. In the next place,
the criAtaaL jurisdicfion of the Tntted Stdtes has
nsrtr bee1, the slightest manner ,nterfered
tr;fh. On the contrary have felt it the high
duty 10 uphold, and il required, enforce that
jurisdiction. 1t must be acknowledged that
the responsibility OF a District Commander is
co-extensive with his power and his duty.
The power given is intended TO accomplish
certain results which depend almost eq ualy
upon the controll the Government OF the
United States exercises, and upon the protec-
ton il affords That protection could not have
been in any manner more acceptably afforded
than by the measures have adopted toenabls
the people to feed and clothe themselves and
TO recover from the exhaustive struggle In
OF these States have felt that they must obey
the laws OF the United htates. They have
seen that the same power which demands
obedience can give and has given that protec.
tion which has enabled them to repair in some
degree their broken fortunes.
The circumstances which led to the promul.
CATION of General Orders No. TO- have been al
ready briefly mentioned There was presen ted
q population everywhere Impoverished, and
In many counties threatened with starvation
With the reopening Of the civil tribunals,
suits were commenced in numbers far ex-
ceeding any that had ever been known. When
forced to execution, final process was carried
to it's last and harshest limit. without mercy
The cultivation Of the soil, from which alone
derived, was about to be abandon ed, because
he who would undertake Its tiilage felt that it
was uncertain If he would be allowed to hold
his lar de until his crop was made; and that if
he did make the crop he yielded his labor to an :.
other, who would taKe the proceeds from his
family without remorse. In all the depart
menrs Of labor the same feeling Of despair was
predominant.
Thus driven to desperation, disorder had
been manifested; violence was threatened to
civil courts and civil officers: the public peace
was exposed to imminent peril; and state OF
anarchy was Impending that would have re-
quired for its suppression the sternest exercise
OF military authority. To avert this unhappy
condition, the evidence OF which multiplied
around me, felt it due TO humanity, essential
to the attainment OF the OBJECTS for W hich had
been invested with Office and command, and ia
accordance with the inst expectations of the
Government whose oficer and agent l was. to
exercise the power and use the authority with
which l had been clothed.
Ii beyond my own convictions of duty other
considerations were required, had them in
the application OF the Governor of South Car
DINA, and OF leading men from all parts OF the
Carolnas, who solicited the inrerposition of
my au thority in the manner Indicated, for the
purpose of giving peace and repose to commu.
mites. tronquilhy and order to society, and
nfl lryIn fhnr .tnkso
do know, after frequent aud careful re view
OF what was then done, by what conduct 1
should more Justly have PROVOKED and de.
served the censure OF the Government, than,
the m riplicat tion by thousands of those who
were then with difficulty fed and kept alive
by the charity Of the Government. Under
such circumstances, did interpose my au-
thori1y. And TO this extent only did go 1st.
To tho who had already entered up iudg.
ments it was said, tort bear for twelve months
10 enforce your executions. I'd. To those who
We're SUNG upon contracts made during the
war, IL was said, take o further steps at pres.
eni IN the prosecution OF your suits. I'd. To
those who were prosecuting claims for the
purchase ms ney OF slaves, it was said. they
ale prohibited. 4th. To those who had de.
mands upon contracts made after the cessa-
hon OF hostilities, no interference was threat
LIT any inference therefore is to be justified
" hat other, what less than what was DONE
could have been done
pediency; it is only necessary to refer, in add.
rion 10 what has been said, to the testimony of
the Legislatures OF the two Carolinas, which
expressed as plainly as they conld their con-
viciIon OF the necessity for such regu ulations.
and SO far as they could do it, had endeav ored
toproyide them. II. however, these orders are
questioned becauce of an abuse Of power, or
because OF an usurpation OF authority which I
did net possess or Decanse they are deemed
unnecessary, there has been, as there Is now
ample power to cause them to be revoked.
In regard to another class OF cases 10 which
these orders relate, will not say more than
70 express my surprise that outside of these
STATES, there should be found any objection to
stay OF proceedings III cases OF contracts
made here during the rebellion; the considera-
ton expressed In such contracts was in cur
rency creaIed TO support the rebellion; the
substance Of the contracts was therefore in
open violation Of the Ia We OF the United States
the contract, was bnt 10 main tain q palpable
fIapd; and to regulate the recovery by any
other standard, was 10 recognize ana adopt it
as expressing value as money, In open dis.
segaro OF the laws Of the United States. What
shon1d be done ultimately in such cases did
not undertake to decide. What / did, was to
suspend the enforcement OF such contracts
until the establishment OF a legal civil govern
ment Where both parties TO these contracts
remained here during the rebellion, they could
not complain that their rights should await
such provision as it should make for such
cases by legislation. And when either of the
parties had professed TO have remained faith
,nl In his allegiance 10 the Government Of the
United States, II would be difficult for him to
show bow he could consistently or lawfully
have connected with such a contract.
In connection with these measures to which
l have referred, l will only add q passing
" ord list. As to the matter OF bail. which had
become converted into an en- inc Of OPPRESSION:
I'd. As 10 the pr cess of attachment as 1t was
known here, and which had also been abused;
3D.. As to juries no State laws having pro-
vided for The new condition Of affairs, it
became necessary tnat should exercise che
power l, possessed over the State laws, TO
adapt them 10 the requirements of the present
times or that, failing TO do SO, jury trials In ali
the tribunals OF the State and of the United
States should cease. II could not be pretended
that. specially charged to enforce obedieuce 10 !
esce in that positive abrogation OF them, which
COD bsisfed IN not only disregard, bat an abso.
late denial Of the laws which Congross had
passed for the enjoyment Of all civil and
political privileges, without regard TO caste or
color. LII az =
" Ilhout these orders ls. me ask by what
law, or upon what authority would luries be
organized IN the courts Of the United StaSes!
believe that the laws OF the unitSd states
pi ovide that the Qualifications OF jurors and
he modes pre- scribed tor ORA wing jaries In tho
courts OF the United States, shonld BE- the sams
as are provided BY the laws OF the several
States; spd ADOPTED In practice iI the courts
has provided new causes Of challenge, and
iherefore Of exciusi0n of ssome who other wise
would be quait6ed 20 eerve. but NO law AZ
The Uniied States, Of which / am aWnre. m. 4
thOrized iuries 10 be drawn in the courts Of the
United states, diferently from that nooe
in obedieDce 70 the hw& Of the State. IL Was.
thefefore. in mi yioW. eSaenfial not rnl,r "a.