Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-01-22
pointed, who acquitted Lambert of oil

blame.
Gen. Cox. commanding q division or
corps of the e. S. army, occupied Greens
| boro' soon afterwards, and ordered an in
quiry into this matter. Lambert was hon
orabIy acquitted ard applauded by both
Generals, for the valor displayed in defend
ing his castle, tending to alarm the swarms
Of villains then preying Oh the panic strick-
en- citizens. VIM. Johnson escaped and
joined the U. S. army. After the close of
the war he came back, was arrested in
Rockingham county, had his case removed
for trial to Caswell, was defended by two
able lawyers, convicted and sentenced to be
hanged. His counsel got up a petition,
namerously signed, asking me to pardon
him. The grounds on which celemency
was asked for were his youth, that he had
married a young wife since the commits
sion Of the offence, that the enormity Of
his crime was mitigated by the general
lawiessness then prevalent. Ihe delega-
ton then representing Caswell in the
Legislature waited on me in a body ana
pressed me to pardon him. I lave no
power of Communication. | had either 10
allow him to be hanged Or to pardon him
absolutely. I respited him, hoping the
General Assembly would order the erection
Of a Penitentiary, which [ had recon-
mended, and give me power Of commute
ton. They failed to pass the bill AID
pardoned him, on condition that he would
pay the costs, which It was represented he
could do but, afterwards learning to my
satisfaction, that he could not pay the
costs, L made the pardon unconditional
During all this time nobody pretended
that he was United States soldier or in
any way in the service Of the United States
when he committed the burglary nobody
pretended that he was wrongfuiIy CON
victed.
am furnished, by Gen. Canby's eIabo-
rate discussion OF this trial, with no Cvi-
dence warranting his conclusion that he
was wrongfully convicted, unless he deems
the declaration OF the convict satisfactory
evidence, that while he was endeav0riug to
make his escape from the conscript hun
ters, be and his associates entered house
and, without doing violence to any one,
took therefrom articles of food and five
dollars in Confederate money, to the value
IN all Of twenty five dollars. necessary to
enable him to reach the Union lines. It
is true the General cites, as foundation for
the gravest reflection upon the integrity
Of the Court. the statements made by
Iourgee' a. and sundry reports (B. G.
ID. J, furnished to General Grant-cOpies #
which are sent to me. He says that these
reports were supported by af1idavis and
Ic0rrOborated in material points by the re-
cords Of the civil Courts of North Caro-
lima. AS to these affidavits I know moth
ing. I would most gladly have copies of
these at1idavits and exhibits, but if the
General means to charge that he bases any
Of his conclusions, prejudicial to our
Courts, on the record, then [ emphatically
deny that they furnish any such proofs.
by an ordinance OF our Convention Of
1865, passed Sth of October, 1865, it is pro-
vided that "Al the acts and doing8 of the
civil officers Of the State, since the Goth
day of May, 1861, done or which Ea1ay be
done, under or by virtue of any Authority
purporting to be law Of the State, which
is consistent with its allegiance to the Uui-
ted States and with the Constitution Of the
State, shall be deemed valid aud of the
same force and effect rs II the State had not
on that day, Or since, attempted 10 secela
from the United States"
In this letter to Gen. Grant, our military
ruler makes the following astounding and
ierrlGo announcement {
AS question Of public law and under
the proclamation Of the 29Gh of April, 1865,
the Old Indictment was q nullity. It was
found by the Grand jury of a Court whose
process ran IN the name of hostile gov
eminent, or pretended government, and
which passed out OF existence with the
overthrow Of the government, under which
it was organized. II tried at all, tho pris-
Oner was entitled to be tried undGr a new
preseHtment or Indictment Of Grand Jury
OF the present, and not of the displaced le-
bel government OF North Carolina. All Of
the proceedings under the old indictment
were illegal and void. The imprisonment
Was false imprisoD ulant, and if the SEN
tence had been executed, it. would have
been murder"
This comes from one claiming power to
make, to interpret and to execute our laws.
Under it every Judge in the State is guilty
OF murder, and is subject to be hanged &C
cording to the strict rules of Justice. Char
ity would suggest that the General had
overlooked this ordinance. His Dredeces-
sor was furnished by me, for his Leadquar-
ters, with a copy Of our Revised Code and
of all the laws and ordinances passed dur
ing and since the suppression of the rebel
lion by this State, and [ especially called
Gen i Canby's attention to this ordinance
in letter of the 30tn Of November last, to
which have received no reply. [ annex
copies of General Canby,s letter to Gene
al Grant, as furnished to me, marked Is,
and of my reply, marked @.
The most remarkable part Of this re-
markable letter to Gen. Grant is that in
which the General states his " conclusion"
in the Johnson case, formed without no
tice or hearing on the part of our judicial
authorities. upon The &c Ioarte evidence OF
such wretches as Tourgee and Johnson
He says:
1.-THE conclusion reached, after q care
full examination OF the evidence in this
case, was that Johnson tried, not for
the offence for which he was indicted and
ostensibly tried, but i'll reality for being
deserter from the rebel army, for having
guided Stoneman in his raid into North
Carolina, and for his open and avowed Dos
tility to the Secessionists, and that he was
convicted because he was a deserter and
traitor to the Confedsi~u cause and ought
to be hanged any how
There can be no intelligent mind, in or
out Of the State, which will not feel dis
gust and indignation at such ''conclu-
sion" thus formed. Bat assuming that
the Superior Court of law, which convic-
ted johnson, was guilty OF the euormitics
which the General imputes to that Court,
olxy ho SLnriH ,Io