Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-12-13
No. 13i

|. It appearing that prosecutions have UecB III
stituted in some of the Courts of North Car0lin.
for acts of war committed during the existence o
hUsttles for the suppression of the re'liOn gains
the authority and government of the Unites
States and contrary to the intent and meaning o
the Act of the Generally Assembly of that State
ratified on the 22d day Of December, 1856. and en-
titled . AL Act granting general amnesty an
pardon to all officers and soldiers Of The State O
North Carolina, or of the late Confederate State
armies, or of the United States, for offences com
mitted against the criminal laws of the State o
North C&rolina,' Ieee public laws of North Care
lima, 1S66-'67 =. G.;
1t is order ed
First, That the provisions OF the fret section o
the Act aforesaid shall be held to apply TO all yer
| sons III the civil or military service OF TIN
| United States, fully and completely d
| by it's terms it does apply to persons
! in the civil or military ecrvice of the State Q
North Carolina or Of the late Confederate State
during the late rebellion and that it shall be Ia
ken and held to be the true intent ana moaning o
| the said first section, that no such person Z" sha
be held to answer on any Indictment for any ac
cone in the discharge of any duties imposed OF
| him, purpOrting to he by law Of - 1.-THE Unite,
StatesI the State or late Confederate States gov
eminent, or by virtue of any order emanatlng
| from any officer, commissioned or non-cOmmls
stoned, of the militia or home guard or local 20
! lice of North Carolina or any officer, commission
! ed or non-Commis6loned, of the late Confederat.
| States government, or any officer, commissioned
or non-conmissioned, of the United States govern
ment." And that in all cases where proceeding:
have been commenced against any person or per
sons contrary to the true intent and meaning o
the aforesaid section, such persons shall not bt
taxed with the payment of any costs that MAY
have accrued subsequent to the ratification of the
afOreCited law.
Second. That it be taken and held to be the
true intent and meaning OF the several sections o.
the aforecited Act, that in ali cases where i'll
dctnents now pending or may hereafter he
found " either i'll the County or Superior Courts
if the defendant can show that be was an officer
or private in any ofthe above named CARNATIONS
TnI llp milf n
the United 9 at the time, it shall be pre- sumed
that he acted under orders, till tbs contrary shall
be made to appear"
T7trd, That It be taken and hold to be the true
intent and meaning of the third section of the
aforecitcd Act that all private citizens who. Oh
account Of age or from any other cause, were ex
empt from service i'll any all of the above named
organizations, for the preservation of their lives
OF property of the protection of their families
associated themselves together for the prcseIva,
ton of law and order in their respective Counties
and Districts or who adhered to the Union and
resisted rebellion, in obedience to the paramount,
authority and laws of the United States I" shall
be entitled to all the benefits and provisions oil
this Act" And none of the provisions of the Act
of the Provisional Congress, approved the 9th day
of August, 1861, nor of any of the Acts supple
mCntary thereto, nor OF any other law of the Con
fedcrae States, of the State of North Carolina
shall be held to abrogate or impair any right o.
citizenship by reason of not yielding and &C
knOwledging allegiance to tho Confederate States
Fourth, That it shall be taken and held to b.
OF the aforecitcd Act, that no person who may
have been in the civil or military service of the
State or late Confederate States government, =
in either of the shove named organizations, or in
the service of the United States government, * i
shall be held liable in any civil action for any ac
done in the discharge of any duty imposed upon
him by any law or authority purporting to be alaW
Of the" UNITED States,I the State or late Con.
federate States government"
Nothing in the provisions of the law above cited
in this order shall be held to apply to any crime
or offence coming within the cognizance or juris-
dctiOn of the civil courts of the United States.
Ii. Upon representation that improper and I'm.
fair advantages have been taken of the provisions
of the seventh section Of the Act of the General
Assembly OF North Carolina, ratified on the 10th
day of March, 1856, and entitled Sc An Act con.
corning negroes and persons of color or of mixed
blood - [see public laws of North Carolina, 1866
chap. 40, s 7, p. 1911;
Ii is ordered:
That all parol contracts between any persons
whatever, whereof one or more of them shall be q
person of color shall be of the same validity be
established by the same evidence be determined
by the same rules, and be enforced in the same
manner as in like contracts where all the parties
thereto are whites.
By command of BIT Maj. Gen. Ed r. s. Candy
LOUIS V. CAzIARo,
Abide Camp, Act'g Asst Adi't Gen,