Year: 1865

ty of Person in this State, now held for trial be-
| tore military commission under charge of an
assault made by them upon the person of freed
man ncmed Currie, ''be remanded to the Coun-
ty of Person for trial by the civil tribunals of
the State" has been received. In the outset
you announcesyour conclusion that ''after full
consideration of the matter, it appears to me in-
expedient to comply with your request"


You proceed then to mention the reasons


which influence you to decline the request;
promising that "wthout considering the ques


tion as to whether the civil law is SO far opera
tive to give civil courts jurisdiction Of the
case IN question, it seems clear to me that, with
out doubt, military tribunals have jurisdiction
in all that relates to the preservation of order,
Including the trial and punishment. Of those
guilty of acts of violence" 1t is but just in
ference from this paragraph of your letter that
you deny the existence of any civil law in the
State; or, if there be, you insist that its execu
tion rests solely in the military. For [ cannot
suppose that 1t was your purpose to maintain
that, if the civil courts have jurisdiction the
military may take cognizance also. So much
confusion and conflict would of course arise
from such concurrent jurisdiction, that the rem
edies for vioences would probably as much an
noy the public as the liberation Of them, If
such be the character Of civil and military
Jurisdictions, what shall prevent tribunals of
each from taking its turn in punlsbing the Of
fender, especially when the second tribunal
shall be of opinion that the first has acted par
TALLY and without proper regard to an upright
sense of justice? This would not be improb-
able, certainly with the military court, if, Gas
you suggest there isl there should be palpa-
BILE want of mpartiality in the civil authorities
where cases of freedmen are concerned. Again,
thp Of trial iEa. tha>
and weasure Of punishment after conviction so
different the denial by one court and its allow
ancc by the other, Of bail to the party arrested,
aud last and not least, the trial of the accused
py the one court at any place where it may hap
pen to sit, however distant from the venue, Of
crime, and by the other, i'll the county wherein
the offence ia alleged to be done.


The jurisdiction Of the military courts, you
insist, extends to all involving "thc trial
and punishment Of those guilty Of acts Of vio-
lence." If its extent is truly 50 unlimited,
there can be little room left for the exercise of
any criminal jurisdiction by tie civil courts;
aud the creation OK civil peace officers and courts
through the President is superhuity. In the
proclamation Of the Provisional Governor Of the
State, dated 18th Of june last which was fully
approved by the President before it was pub
lished it is declared that ''inasniuch as there





officers Of any kind, the Provisional Governor,
by virtue of authority 10 him vested by the
President of the United States, will proceed:
lst, To appoint Justices of the Peace for the
various counties, loyal men, by whom the above
oath will be administered, and who will also
conduct the elections, through subordinates, for
members Of a Convention, in accordance with
instructions from this Office, and agreeably to
the laws Of this State in force previously to the,
Goth day Of May, 1861. I'd. Superior Courts
of Oyer and Tcrminer will be held, when neces-
sary, by Judges especially appointed and com
mlssioned, to dispose of criminal cases. Sd.
The Justices of the Peace, appointed as afore-
said, will be authorized to hold courts for the
transaction of all such business as may not be
Of the class of cases triable by jury. The JUS
tees, by aj"rity Of their whole number, will
also be authorized to appoint their sheriffs and
their clerks for the time being, and such other
officers as may be indispensable to proper
transaction Of business. And they will also be
vigilant aud will exert themselves to maintain
the laws and promote the peace Of society in
their respective counties, and especially to
rest anG commit for trial, when the courts may
be held, all offenders against any law Of the
State in force previous to the Goth day Of May,
1861; and to allow bail where the case is bail
able, according to the usage Of the State


] deemed myself to have beer but the organ
Of the President when put forth the proclama
tion containing these clauses. And [ submit
that it was but reasonable inference ou my
part that he intended to aid the anticipated res
toration of the civil law, when, by his prcc'ama
tion Of May Goth preceding, be directed, "First,
that the military commander of the department.
aud all officers and persons in, the military and
naval service, aid and assist the said Provisional
Governor in carrying irto effect this procama-
ton: aud they are enioined to abstain from, in
any way binderipg, impeding or discouroging
the loyal people from the organization OF a State
government as herein authorized" Now | most
respectfully inquire to what end and what Oh
jcct is the Governor clothed with the power to ap
point Judges, unless it be in the language Of his
proclamation "to dispose Of criminal cases?'--
Likewise, for what object are Justices OF the
Peace instructed to be visiiant, and to exert
themselves TO maintain the laws and to maintain
the peace Of society in their respective counties,
and to arrest and commit for trial when the court
may be held, all offenders against any Law oi the
State in force previous to 'he'20th day Of May,
1861, aud to allow bail where the is bail
able according to the usagcs of the State?


At the time of issuing this proclamation it
was held that there was no civil officer of the
State and the obvious intent was TO create State
officers. It was the manifest purpose of this
proclamation to restore TO life SO much of the
civil law, which affected and concerned the
peace and security Of society, as might be con-
sistcpt With the military occupation of the State;
that occupation was for the sole purpose of sub
DUNG the rebellion and preventing insurrection-
ary and seaitious movements. TO the accom-
plishment Of these objects the military law, it
seems to me, was designed TO extend, aud no