The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-02-23

an aiibi was attempted to be proved on the nass :
showers by negroes .h first testified TO the fact bu
subsequently changed heir testimony and swore the
had been trained by Showers TO make their previous
menis IL was attempted TO shake the test,monv 4
and dlhgent comparison OF statements the Comma
found the facts as have already detailed tbar,
The evidence 10 spread over many hundred pages q
record and amply sustains the conclusions at whic
the court arrived The commission found the tw
keyes Showers and Bryant guilty. and sentenced then
scs as 10 the ssss was approved by Genera
count OF their dge, and be ng under the influence o
their associates the sentence was committed In thu
cases Oh the younger Keyes and Bryant 10 imprson
nent for life. The was Immediately presented !.
the PRESIDENT and applications made for pardon,
o. Ioi transfer 70 the civil tribunals Letters from
several leading men OF the South such Alexander
stephens, Governor Orr aud H. " Johnson appear
among the papers laid before the President; and with
others We noticed petition insisting upon 1t that the
RESIDENTS avowed policy led the petitioners to ask with
confidence his nterposon In behalf OF the culprits
non. n o. Browning now Secretary of the Interior,
or Zee OF $1,000, made argument to the President
IN behalf OF the persons. and urged that they be
brought within the range Of writ Of habeas corpus in
northern court Numerous petitions and letters urge
the President to direct the officers having the prisoners
IN charge to respond TO q writ Of habeas corpus upon
tne expectation that the courts after the decision in the
Mlligan case, would declare the trial without au-
thority OF law These papers all referred
oy the President to the Judge Advocate Gene
raj, who reviewed the case at length and az.
frrned the decision Of the military tribunal.
subsequently writ Of habeas corpus was issued from
the United States District Court OF South Carolina by
III.
An attachment for contempt followed but General
Sickles declined TO obey it, and his conduct was an
Subsequent to all the occurrences lust recapusted The
President ordered that the sentences 70 be hanged be
committed in all four cases to imprisonment for life at
the Tortugas. TINS order Immediately executed
bat the 31st Of July the President directed the prison
ers to be transferred to Fort Delaware The Secretary OF
War IN his testimony gives the for transfer
Considerable delay occurred in the transfer TO Fort
Delaware; but when the prisoners did arrive there
Colonel Howard who was In command of the FORT was
IF hoha f~0rn sho
States District Of Delaware, Judge Hall Colonel
Howard was directed by the War Department respond
10 the writ Ahearng had before Judge Hail. and the
prisoners were discharged The reasons for this ex
raordinary procedure upon the part Of the venerable
Judge are set forth in his opinion which is herewith
submitted he claims to have had judicial knowledge
that the rebellion suppressed and peace restored in
June, 1865 and further that the civil courts of South
Carolina open for the administration Of Justice at
the time OF the arrest and trial of these Int
General Sckles states that at the time there were no
civil courts in South Carolina that could have tried
themneither the United States District Circuit Court
state courts open steps were la TO that
end, but they bad not been contaminated. II is not
grounds upon which the opinion is based It's assnmn
lions are still more offensive possible than those Of
the court in the Mgan case is quite clear that
does not tend to the furherance of the ends Of Justice
TO have the fruits Of trial deliberately and fairly
conducted as this appears to have been friitered
away away, oy the whim Of single Judge in a
to the report Of General Sckes in the Egan case
and to the statement in his testimony Of the ground OF
DctWeeQ
Judge Hail. The vigorous comments Of the Secretary Of
War upon the decision the Millican case apply with
then discharged returned to their homes where thew
ire s at large and attempt has been made to bring
hem to trial by the civil courts II is striking com.
nentary on the state OF society there while accord
ng TO the testimony OF Surgeon Plsbury no doubt an
ears to have been entertained in the minds OF that COM
nunity OF the guilt OF eas. two OF the persons dis
harged they were all received by the inhabitants or the
own with an ovation and congratula.ion which term.
aied in general drunk y
ha nj pix,;u
tne resolution appointing the committee and inte.
emily recommending to the Hous, some action remedy
s rms evs exDised IN the history Of this case II was
eemed advisable to extend the inquiries Of the COM
nittee and seek the testimony Of the officers in charge
the departments into which the Southern states are
ivided Amy law passed by CONGRESS- would necessarily
g general in its character and II was thought worth
'hic to learn whether the acts calling for legislation
sa ihe Ooa o. whether they were cocxensive
es,imony Of Generals Schohc'd Thomas sckIes
'aird and Wood was taken BIZ The Commit
ne best opportunities for obtaining both personally
no also through the reports OF their subordnates All
nent Of the country has been substantially under their
upervson during the greater portion Of the tine thew
ave had command The result Of Their experience and
observation Is given IN brief aud orble terms and the
ommttce call the attention Of the House 20 their tcsti
nonv as they believe safely be made tho basi. OF
rgslaton II would have been sesy 10 have rortaed
heir statement bv statistics from the Freedmcn,s R
eau but the House is already in possession of the
auable information to be obtained from that source 1t
:.
stimony OF these well known witnesses exhibits the
blowing propositions First, that for the pun.
nrs cannot be relied upon; whore soldiers.
MON men or freedmen concerned, justice
practically denied, and offences Of grave character
ainst them go unnunshed. neither magistrate nor
rofs bein' disposed to discharge Their duties in this
spect second that to this time there has been no
ange for the b,ticr hut rather for the worse third
at unless substantial Justice is done to the laboring
asses hereafter and 10 the Union men and Northern
en- who desire TO 20 there 70 in business enter
an TIM tat - A.x~-
aby be expected. Uuder srch circumstances IL would
en- to 90 conclusively established that the best ma
RAJ interests o. the country. well the highest
nsideratons Of humanity cali for the interyenor of
Q authority OF the general government "a the only
acsicai mode in which it can be executed-and that
rough the military forces 1t Is Of the FIRST import
zee that ordinary justice shall be adm nisercd The
hole superstructurc Of government must on that
e vioen, political and social commissions through which
Q country has passed be composed in time and
rites ana races live together pcacs and prosperity
IN the meantime there is wisdom and strength sum-
ent m the government to take that all are fairly
nt BY and crime punished with reasonable cert ain,v
I'd impariialty. In order TO compass this desra a..
2 MI tary FORCES should be auxiliary and ssa States
me language OF General Thomas tbf.nar,5s, odm;n
osnea some supervisory a9'th 10 s,,rent force IL
ration Of JUSTICE acpcoplc to feel that the authority
,cess,ry 10 induniorce its advice and INSTRUCTIONS.
suiicienient Of the country should n sh.se smi
AZ er esecs during the war sufficient guarantee
mt will not he abused Such government snouia =.
urse only be continued so long as u " aosou'ely
ess,rv Wherever the life and the rights oil properly
10 ss,cv ,rnsted to the local governments all exscr.
i coercion should cease aud meantime II cannot oe
asouably supposed that there VIII be mucn neeu OF
rcIbie intervention II will ordinarily be enough 70
low tina, such power exists and Will % exetcisea
.esssary As the House has recently passed upon
easure OF the kind indicated is not worth whe 70
ter into further details but only 10 say tnat ia c
a vment Of the committee the testimony nercweu
led fully susians the necessity for 70
measures and that without the saopuon
so,ue such legislation the day OF restoration, Oh ps
al prosperity In these unhappy states CREAMY no'
definitely postponed.
The report is signed by Representatives. Pike ana
the other member OF the committee,
representative Cooper, will early mex, week make
minority report.
ConHrmntio us by the senate.
The Senate has confirmed the following named NOM.
ees.-
10 Ne Hrgadier Generals by brevet-,James ncsuSac
l,h New York Volunteers; George = Nichols, VIZ NV
YORK cavalry Ferris Jacobs, 24th New YORK cavalry;
1. a. Marshall ilth New York heavy artiiory: JAMES
4 Ryrnes 18Th New York cavalry: Benjamin n. tracy,
Tooth New York Volunteers; n b. Mccresry; .sosu
Volunteers: VIM. A. Robinson I!tn fenn.
wanna yolunecrs Hcratio Rogers ~ Rhode Island
George +. Few, 9th Rhode Island Noun'
. ~U.~w Mar