North Carolina Newspapers

4 ii r J i r fi imy 8 0iM rriSv Jff r i ON THE WEST SIDE OF TRADE STREET . n 3, PKOPREIToR. j ' . CHARLOTTE, N. C, TUESDAY, AUGUST 29, 1865, A Proclamation, JIOLDKN', PROVISIONAL GOV'NOR, tlit) People of. North Carolina. In pursuance of power vested in rne by ANDREW oOHNb'JN', President or' the United States, by his I'ruclaniatbin of May 23lh 1865, appointing a Pro visional Governor of ortb Carolina, under the fourth article of the Constitfiibm of the United States, which gusiranfees to every Suite in the Union a republican fcim of government; and in orii-r to enable the loyal people of snid State to organize a State Government, whereby justice may he estab lished, domestic uanqi:ili?y rest' i ed, aal loyaJ citi zeus protected in all their rigbts of life, liberty, and properly; an4 in" order, also, that said Slate may be restored to its Constitutional relations to the Federal government, by presenting such a re publican form of government as will entitle the State to the guarantee of the United States therefor, and its people to protection by the United States against invasion, insurrection and domestic vio lenee, I, WILLIAM W. II OLD EN, Provisional Gov rruor as aforesaid, do hereby proclaim that an elec iun will bo held in said Stater on Thursday, the 21st day of September, 1865, for a Convention, to be composed of one hundred and twenty delegates, to be chosen as follows : The county of Alamance will choose two mern- oors. The co tt.1 ty of Alexander will choose one member. The counties of Ashe and Alleghany will choose one member. The county of Au?on will choo3C two members. The county of Ueaufort will choose two members. The county of Horde will choose two members. The county of Bladen will choose one member. The comfy of Brunswick will choose one mem- I T. The county of Rtineoinbe will choose one member. The county of Burke will choose one memher. The county of Cabarrus will choose one member. The county of Caldwell will choose one member. The county of Camden will choose one member. The county of Carteret will choose one member. The county of Caswell will choose two members The county of Catawba will choose one member. The county of Chatham will choose three mem bo T3. The counties of Cherokee and Clay will choose ::e member. Tho county of Chowan will choose one member. The county of Cleaveland will choose two mem bers. The county of Columbus will chwose one member. The county of Craven will choose two members. The counties of Cumberland and Harnett will choose three members. The county of Currituck will choose one member. The county of Davidson will choose two members. The county of Davie will choose ona member. The count- of Duplin will choose two members The counties of Edgecombe and Wilson will choose two members. The county of Forsyth will choose two members. The county of Franklin will choose one member. The county of Gaston will choose one member. The county of Gates will choose or.e member. The county of Granville will choose three mem brs. The county of Greene will choose one member. The county of Guilford will choose three taem- bi-t'S. The county of Halifax will choose two members. The comity of Haywood w.ll choose one member. The counties of Henderson and Transylvania will choice otic member. The cuur.tv of Hertford will choose one member. i ne rn'.'i.y ot tivde will choose one meraoer. 'U '. 'I .y C- ii : y C-u:.-y :oi.nt co : t;ty COW II ty co'tn.y ii u nty county con all ! Iredell will choose two members. .:' .v.fiv.s-'U wili choose one member. ; ;u Tlie The 1'r.e The The ot J i.-:' . .: will choose two members. of J'oiit-c wui t ':i i. e'one member, of L-r.oir wii ch oae mr.uber. . of Lincoln wtil choose one nic-rabcr. of Mucon will choose one member, ot Madison will choose one member, of Martin will choose one member. The county of Melovell will choose one member. The county of Meckicnbuig will chooe two mcm- !rrs. The toi.'Miv bi-r. "i .'. f l i :. i"; i V Th- y i o 'iifiy of Uont-oaiery will choose one mem- ; . --n will choose one member, f N :: will choose one member, or ,nw Hanover will choose two ,- of Northampton will choose two mem- j county of Onslow will choose one member. The county of Orange will choose two members. The comity of Pasquotauk will choose ne mem ber. The county of Perquimans will choose one mem- ber. The county of Person will choose one me -aber. The county of Pitt will choose two members. The couniy of Randolph will choose two mem bers. The county of Richmond will choose one member The county of Robeson will choosu two members. The county of Rockingham will choose two mem ber.. Toe county of Rowan will choose two members. The counties of Rutherford wr.d Polk will choose I '. :) members. The county of Sampson will choose two members. The county of Stanly will choose one member. ! 'he county of Stokes will choose one member. The county of Surry will choose onc member. The county of Tyrrell will choose one member. The county of Union vill choose omc member. The county of Wake will rhiosc three members. The county of Warren will choose two members. Tiie county of Washington will choose one nicm-b,-r. The comity of Watauga v-ill choose one member. The county of Wayne will choose two members. The county of Wilkes will choose two members. T'-c county of Yndkin will choose one member. "i iu- count irs of Yancey and Mitchell will choose a- ,v. Tl: . i J : 'l .( v' I'.li!:) t'!erk and Sheriffs of the respective counties oct td nt once to assemble the Justices of the a majority of whom will select from their : not ic s thi' n six nor more than eighteen S men of intelligence, discretion, firmness, ' i punt- 1 loyalty, whose duty it s hall be to ad- j o.vh cunt Mined in the President's Amnesty Proc- j ir'iii !i of May 29th, 1865, under such instructions j s :v. m lie proscribed in this Proclamation. The j --ti'jts shull, at the came time, appoint Inspectors : if the elections the various precincts in their re- ; prtiive counties, in accordance" v. ith tho law iu re oiun tneretn, Chapccr .V. Revi-ed Code of North arc una. 'i Le ckciivn-? for members of the. Con- ; etitiou shall be conduit i i?i tie smc manner as ; tctions for member-; of th- !l.oio of Commons,1n . -cor.J:tncc- v.rh the i, ovi-iotr oi ch:- pt er" 52, lie s rmy be appH hol i said clec- ted Code 1 S" ;. ..i".; pr '. ';'bV: and the ..;T: . '. o r iv.-Oi m ' ( I . I ;OLi. ::"d t k '.- l et ni n -ii- for 1'iib rre-cribed i-.tf, bo liable to -.! act-, or lor neglect ch -ritcr Reviifd pen. ! ar. re 'I' V, v P1 r.-on ill -e allow ed ;'er ouuliiled i'.-i prcr ribed bv ixx of the SUUvi-s force im'i "Jth d;iy of Mr.y, frill ........ , , to ote v bo i not a the Constitution utul dialely before tho the pax me::t of ' pou lax .-n-in-uo: of r .q or--' :. ' AH pr.roied sol '.kr of tlie annv and navy of t!4 ! -deeded Confederate States, or'oftbis State, and r-irob--! o??t-.r .; .f 1 lie p vu v nud n.ivy of the pr CHARACTER IS AS IMPORTANT tended Confederate States, or of this State, under i and including the rank of Col and under and including the rank of Lieutenant, it of the navy, will be allowed to vote, provided tbev are not included in any of the fourteen excluded classes of the President's 'Amnesty Proclamation; and, provided further, that they are citizens of the State in accordance with iheterms prescribed in the preceding paragraph. No person --will be allowed to vote who does net exbjbit to the inpe.ctors a copy of the Amnesty Oath, as contained in the President's Proclamation of May 29th, 18iG, signed by himself and certified by at least two Justices of the Peace. The Sheriffs .of the respective couuties-shall fur nish, afrsoon as practicable, certificates of election to those persons who may have received the highest number of votes as members of the Convention; and the SheiiSs shall also immediately send to the office of the Secretary of State, Raleigh, a statement of the vote in their respective Counties for the mem bers aforesaid, and also a statement of the said vote, sealed up, directed to the President of the Conven tion, Raleigh, to be laid before the Convention. The members of the Convention thus chosen, will assemble in the city cf Raleigh, on .Monday, the second day of October, 1865. The attention of Justices appointed to administer the A nines ty Oath, is especially directed to the fol lowing fourteen excluded classes of the President's Amnesty Proclamation of May 20th, 1865 : "First All who are or shall have been pretended civil or diplojn-tic officers or otherwise, domestic or foreign agents of the pretended Confederate govern ment. Second Allwho left judicial stations under the United States to aid the rebellion. Third All who shall have been military or naval officers of said pretended Confederate government above the rank of Colonel in thearaiy or Lieutenant in the navy. Fourth All who left seats in the Congress of the United States to aid the rebellion. Fifth All who resigned or tendered resignations of their commissions in the army or navy of the U.S. to evide duty in resisting the rebellion. Sixth All who have engaged in any way in treat ing otherwise than lawfully as prisoners of war per sons found in theU. S. serviceK as officers, soldiers, seamen, or in other capacities. Seventh All persons who have been or are ab sentees from the U. S. for the purpose of aiding the rebellion. Eighth All military jind naval officers in the rebel service who were educated by the government in the Military Academy at West Point, or the LT. S. Naral Academy. Ninth All persons nho held the pretended offices of Governors of States iu insurrection against the United Statc-s. Tenth All persons who left their homes within the jurisdiction and protection of the United States, and passed beyond the federal military lines into the so-called Confederate States for the purpose, of aiding the rebellion. Eleventh All person? who have been engaged in the destruction of the commerce of the United Slates upon the high seas, and persons who have made raids into the United States from Canada, or been engaged in destroying the commerce of the United States upon the Jakes and rivers that separate the British provinces from the United States Twelfth All persons who, at the time when they scek to obtain the benefits hereof by taking the oath herein prescribed, are in military, naval or civil confinement or custody, or under bonds of the civil, military or naval authorities or agents of the United States, as prisoners of war or persons detained for offences of any kind either before or after conviction. Thirteenth All persons who have voluntarily participated in said rebellion, and the estimated value of whose taxable property, is over twenty thousand dollars. Fourteenth All persons who have taken the oath of amnesty as prescribed in-the President's procla mation or December eight, A. D. one thousand eight hundred and sixty-three, or an oath of allegiance to the government of the. United States since the date of said proclamation, and who have not thencefor ward kept and maintained the same inviolate: Provided that special application may be made to the President for pardon by any person belonging to the excepted classes, and such clemency will be lib erally extended as may be consistent with the facts of the case and the peace and dignity of the United States." Under the first exception arc included all persons who have been civil or diplomatic officers or agents of the pretended Confederate government, either within or without the territorial limits of the United SlatC3-. Uuder the seventh exception are included all offi cers, agents, or private citizens who have been ab sent from the United States for the purpose of aid ing the rebellion. Under the thirteenth exception are included all who, duiitig the rebellion, have held any office or agency under the State or pretended Confederate government; or have in any way voluntarily joined iu the rebellion, as for example, by entering or marching with armed forces hostile to the United States; by sending or furnishing money, provisions, or arms to persons engaged in the rebellion, save in casts where inouey or provisions were furnished from the promptings of charity or humanity; by acting u iih assemblages of persons, whether organ izod or unorganized, hostile to the United States; or in any other way giving voluntary aid, assistance or encouragement to the rebellion; and whose tax able property on the 20th day of May 1865, exceed ed iu value the sum of tw enty thousand dollars. The other exceptions are so plain as not to require i explanation. I No certificate will be pranted by the Jnsticcs to any person who is included within any of the four j teen excluded classes, unless on exhibition by the party of his pardon for his offence from the Presi i dnt. j The Justices appointed to administer the amnes 1 ty oath, and to furnish certificates of the same which I shall be evidence of loyalty, are especially instruct ; cd to be -vigilant and faithful. While it will not be their duty to'aitempt to pry into the hearts and con sciences of men, they will nevertheless admonish those who may apply to take the oath, that it must be taken and subscribed in good faith, with an hon est intentioti on their part to keep it without secret purpose or mental reservation upon any occasion "for at anv time to committ any act in violation of said oaiir"and they will warn them that if the oath is not thus taken and kept, the pardon onerea tnem ov tne President will be void, and they will remain subject to trial under the law for perjury arid treason. The Jusrices, Clerks and Sheriffs, whose duty it is to provide for administering the oath and to con duct the elections, are enjoined to use every practi cable means to enable every citizen to take the oath w ho may desire and be entitled to do so. And the Inspectorr arc enjoined to inspect and examine fair ly and truly, to decide in every case in accordance with the law, and with the instructions they have received from this office, and to make prompt and eon cot return s, of the number of votes and foF whom cast, at their respective precincts. pone at our city of Raleigh, the Sth day of Au gust, oho thousand eight hundred and sixty-five, and in the year of the Independence 6flf5c United States the cightv-ninth. WILLIAM W. HOLDEN, Iy the Governor: Provisional Governor. Liwis IIases. Private Secretary. Augn-rt i t-, 1?65. -NOTICE. Obituaiy notices exceeding a few' lines in length, are charged ad vorti.-ing rates, pny nble in fid vanc TO STATES AS IT IS TO INDIVIDUALS, INTERESTING CORRESPONDENCE. The following correspondence between Governor Holden and Gen. Roger, the military commander of North Carolina, concerning civil and military law, will be read with interest. Every friend of civil law will cordially endorse Got. Uolden's position : State of Nobtu Carolina, Executive Department, Raleigh, N. C, July 27, 1865 Brevt.Maj. Gen. Ruger, comd'gPost ut Raleigh: Sir: Information has reached this depart ment that three citizens of the County of, Per son State of NorUi Carolina, have been arrested and sent to this post for trial by a military court upon the charge of an assault made by them up on the body of a freedman named Currie. I beg leave to call your attention to the fact that civil law has been organized in the County of Person, and an eminent and upright Judge appointed to hold a court of Oyer and Termin er in said County, and that said appointment was made prior to the alleged otfence. This is a matter in which I conceive the civil courts 4iave sole and exclusive jurisdiction, and I have every confidence that strict and impar tiil justice nill be administered; and, therefore, respectfully suggest that the parties be. remand ed to the County of Person for trial by the civil tribunals of the State. This course, in my judgment, will avoid any unpleasant conflict be tween the civil and military authorities, and at the same time ensure impartial justice in the matter. The parties under arrest are T. A. Woodly, H. Carver and S. C. liarnett. I am, Gen'l, very respectfully, your obt. sev't, (Signed) W. W. HOLDEN. Ileadq'rs Department of North Carolina, Raleigti, N. C., Aug.a, 1865. ) His Excellency W. W. llohlev, Guv. oN. C: Sir: I ha.ve the honor to acknowledge the receipt of your communication of the 27th of July, requesting that three citizens of the Coun ty of Person, State of North Carolina, new held for trial before a militaiy commission, under the charge of an assault made by them upon the person of a Ireedmaa named Currie, ' be re manded to the County of Person J&r trial by the civil tribunal of the State." I regret that after full consideration of the matter, it appears to me inexpedient to comply with your request. j lhe reasons influencing meare buefiy as tollows: ' In your communication occurs -the following: "This is a matter in which 1 conceive the Civil Courts have sole and exclusive jurisdiction." Wit Lout -considering the tjucaiiou as to ivhetuer civil law is so far operative as to give civil courts jurisdiction of the casein question, it seems clear to me, that without doubt, military tribunals have jurisdictional all that relates to the preservation of order including the trial and punishment of those guilty of acts of violence. One of the important duties. of the military au thorities during the interim, prior to the com plete restoration and full operation of civil law, I understand to be the maintainance of good or der and protection of society from acts of vio lence, and this duty must necessarily Ccirry with it the power cf its fulfillment. It would not, under existing circumstances, as I believe, be the duty of the military -authorities to await in case of the disturbance of the peace," or not amounting to hostile act to the government, the call of the civil authorities before interposing for the preservation of order, but that they would be in duty bound to summarily quell such disturbance and bring the guilty to pun ishment. Neither do I believe that the milita ry authorities would be bound to obey writs of habeas corpus issued by the State Courts. At the time of the arrest of the citizens before re ferred to, no civil court had taken cognizance of the matter. m Magistrates were some time .since appointed by your Excellency, and havo been acting in the various Counties of tho State, yet in no in stance have I heard or known of official notice haviug been taken by any of them of acts of un lawful violence towardd freedmen, although such acts have been by no means unfrequeiit in the different tections of this State. Of late, several cases of homicide of freed men by whites have been brought to my knowl edge, but in no case, so far as I have learned, was any arrest made by the magistrates or civil officers, and no attempt had for investigation. From my own observation and information obtained from the Commissioner of Freedmen, I am of the opinion that acts of unlawful vio lence towards the freedmen are becoming more frequent. The first efiect on tho mind of the people of the dispersion of the rebel forces, and the occupation of the country by our troops, is, in a measure wearing off, and the apparent apa thy and stupor resulting from the changed con dition of things, is replaced in the minds of. those who give up slavery with reluctanc3by feelings of hostility to the freedmen. Under all the circumstances, I think that the restrain ing influence -of prqnipt trial and punishment of offenders, particularly those guilty of homicide, by Military Commission, is the only adequate remedy for the existing evil. The action of the Grand Juries would not, I foir, .under the con dition of things cow existing in the State, cor rect the evil. There are at present, several citizens charged with homicide, held for trial by Military Com mission at different places in the State. In all cases of importance, the proceedings will bo for warded to Washirgton for final review and or ders. If it shall appear expedieut to you to refer this matter to his Excellency the Presi- j dent, 1 respectfully request that a copy of. your communication, to which thia is an answer, and j also this my reply may be sent, that my motives and the reason of my action in the matter may j clearly appear. I regret that we entertain dif- j fercut views of the subject. i Very respectfully, your obedient servant, . j TtJOS. H. RUG Ell, j JJrev't Maj. Gen U. S..-Vols. Comd'g. j State ot' North Carolina, Executive Dsp'f, ) Raleigh, N. 0 j Aug. fctb, 18Q5. J Brev.Maj.'Gen. T. H. Rv.r: Sir: Your letter of the lt inKant, acknowl- ' AND THE GLORY OF THE ONE IS THE edging the receipt of mine' of the 27th ult which requested that three citizens of the coun .ty of-Person in this State, now held for trial be fore a military commission under a charge of an assault made by them upon the person of a freed man nemed 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 announce your conclusion that "after full j consideration of the matter, it appears to me in- j expedient to comply with your request." j You proceed then to mention the reasons ! which influence you to decline the "request; . promising that "without considering the ques tion as to whether the civil law is so far'opera-tive-as to give cifil 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 pieservation of order, iucluding the trial and punishment of those guilty .of acts of violence." It 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 or, if there be, you insist that its execu- tion rests solely in the military. For I cannot suppose that it was your purpose to maintain that, if the civil court have jurisdiction the military may tak cognizance also. So much confuiori and conflict would of course arise from such concurrent jurisdiction, that the rem edies for violences would probably as much an noy the public as the toleration of them. If such be the character- of civil and nfilitary jurisdictions, what shall prevent tribunals of each from taking its turn in punishing the of fender, especially when the second tribunal shall be of opinion that the first has 'acted par tially and without a proper regard to an upright sense of justice' This would not be improb able, certainly with the military court, if, (as you suggest there is,) there should be a palpa ble want of impartiality iu the civil authorities, where cases of freedmen are concerned. Aguin, the modes of trial are very unlike; the manner and Sfcasure of punishment after conviction so different; the denial by one court and its allow ance by the other, of bail to the party arrested, and last and not least, the trial of the accused by the one court .at any place where it may hap pen to sit, however distant from the venue, of ctinie, and by the other, iu the county wherein the offence ia alleged to be done. The. jurisdiction of the military Courts, you insist, extends to all casses involving "the trial and punishment of those guilty of acts of vio lence." If its extent is truly so unlimited, there can bo little room left for the exercise of ary criminal - jurisdiction by the civil - couris; and the creation of civil peacu officers and courts through the President is a superfluity. In the proclamation of the Provisional Governor of the proel State, dated 12th of June last, which was fully approved by the President before it was pub lished, it is declared that "inasmuch as there arc no civil magistrates in this State, nor State officers of any kind, tho Provisional Governor, by virtue of authority in him vested by tho President of the United States, will proceed: 1st, 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, iu accordance with instructions from this office, and agreeably to the laws of this State ia force previously to the 20th day of May, 1SG1. 2d. .Superior Courts of Oyer and Tertimjcr will be held, when neces sary, by Judges especially appointed and com missioned, to dispose of criminal cases. 3d. The Justices of the Peace, appointed as afore said, will be authorized to holl courts for the transaction of all such business as may hot be of the class of cases triable by a jury. The Jus tices, by a majority of their whole number, will also be authorized to appoint their sbcrifl's and their clerks for the time being, and such other officers as may be indispensable to a proper transaction of business. And they will also be vigilant and will exert themselves to maintain the laws and promote the peace of society in their respective counties, and especially to ar rest and commit for trial, when tho- courts may be held, -all offenders against any law of the State in force previous to the 20th day of May, lbOl; aud to allow bail wi.ere the case is bail able, according to the usage of the State." - I deemed myself to have been but the organ of the President when I put forth the proclama tion containing theso clauses. And I submit that it was but a reasonable inference on my part that he intended to aid the anticipated res toration or the ctvil law, when, by his prcc'otna turn oi .May jytn preceding, De uirectea, list, ; that the military commander of the department, aud all officers and persons inline .miliary aim naval service, aid and assist tho said Provisional I Governor in carrying into effect this proclama- j tion: and tuey are enjoined to abstain from, in j any way Kinriarinn impeding cr discouraging the loyal people from tho organization of a State government as herein authorized." Now I most respectfully inquire to what end and what ob ject is the Govcrnor.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 objeet are Justices of the Peace instructed to be vigilant, and to exert themselves to maintain the laws and to maintain the peace of society in their respective couuties, and to arrest and commit for trial when the curt. may be held, all offenders against any Ian of the ! Btate in lorce previous io me-uiu uay ui .uay, t 1S61. and to allow bail where the case is b il-! I able according to the usages of the State? At the time of issuing this proclamation it. was held that there was no civil officer of the i State, and the obvious intent was to create State I officers. It was the manifest purpose of this prod :!ainaticn to restore to life so much of the civil law, which affected and concerned the peace and security of society, . as might be con sistent with the military occupation of the State; . i. hut occunatiou was for the sola hnrnnse of sub- duiug the rebellion and preventing ineumction- 1 the protection of the" civil laws and oourta of the ! not.interded by me thereby toexprcssany doubts ary -and seditious movemeuts. To the aecotn- j State. ' T should do injustice to as honest a peo- j m to the virtue of the people of North Carolina, . plithmtut cf these objects the military law, it. pie as exbt any where,-ift after iny long obser- nor any want of confidence in tho Juries com ECems to me, was designed to extend, and no J. ration of their dispositions to administer justice potcd of the citizens of the State. I know of further. The trust of correcting all disturb- fairly to persons of every color, I should, by nothing to cause distrust of the wtll Known rep. acccs vf the peace among.t"he citiz! n not (res$-' tUtucs-even, seein to concur with vou in your , Continued on Fourlh Pfjc') , COMMON PROPERTY OP THE OTHER r onable or seditions, was committed by the Prcsi ' ; dent to soch court and officers as might be ap pointed by the Governor. 1 can well see the high necessity of the military law, taking cog nizance of all such matters, as might affect the j interest of the United States; but I do not feel the force of the argument, which maintains that if two citizens, freedmen or freemen, upon hot wards, make an affray, the military interests of the United States are so concerned as tore quire that the trial of such an act of violence fhould bo transferred from the civircourts to courts martial. Recurring; to General Orders, No. 100, of the Department of War, dated April 24th, 1S63, entitled "Instructions for the government ) armies of the United States in the field," I see nothing which impugns ray views herein ex pressed. In that order it is declared that "the presence of a hostile army proclaims its ' martial law' Sec. 1, par. 1. "3Iartial law docs not ecase during the hostile occupation, except by special proclamation, ordered by the Commander, in-chief." Sec. 1, par. 2. And again, "the commander of the forces may proclaim that the administration of all civil and penal laws shall continue either wholly or in part, as in times of peace, unless otherwise ordered by the military." Sec. 1, par. 3. In what light can I regard the proclamation of the 12th of June, submitted to and approved by the President, but as virtually his own pro clamation ? In this light I have regarded it. In vindication of the jurisdiction assumed by you over the three citizens of Person County, you inform me that at the time of "tho arrest no civil court had taken cognizance." The procla mation of the 12th of June contemplates several means to preserve the peace and vindicatc.its violation: First, for its preservation many Jus tices are appointed for each County, who are in structed as well by their oaths as by the procla mation, to arrcft and commit for trial, when the courts may be held, all offenders against he laws of the State in force prior to the 20th May, 1861, and to allow bail, &c. These Justices are not" empowered to hold any courts of criminal juris diction, but only tp arrest and Itold for. trial, whenthc courts shall be held. The trial court is not culled into actual organization until the crime is committed, and if it is of a grave char acter the court will be convened to try the case so soon as the Governor shall be notified of it If the cases are trifling or not requiring speedy trial the offenders will be confined in jail or put under suitable recognizance for tht-ir appearance when the due administration of justice shall, in thi. Covcrnor's CDiuion. rcauirc it.. lie is hini- clf the great conservator of the peace -of the' j gtatc. Now i gatc which I 0Ar!, ..:. inasmuc.i as.by the custom of the. I believe to be universal among the peorde, the trial of offenses must take place in the counties or districts in which they were committed, it is impossible, without great ex pense, to keep a court always in session in every locality where a crime may be probably commit ted. Refore a grand jury can get or bill of in dictment be found a Judge must be commis sioned to hold the court. This delay in bring ing offenders to trial, you seem, to regard as highly objectionable. The answer is, that such delays are incident to the mode of trial by the civil law, and have been tolerated for ages not withstanding, and the trial by the court of Oyer and Termiucr, may be, and generally is, speedier than the trial in the regular course of a fixed judicial system as practised, in the State before the rebellion. It has been my fixed purpose to call a court of Oyer and Terminer whenever cases should occur- requiring them. My deter mination has been to have justice administered as nearly as practicable, after the ancient, long tried and long approved mode used in the State. Our Superior Courts which have exclusive juris diction of high crimes sit but twice in the yea yet we have not found that this delay was any source of demoralization among the people of ihc State. It is true that I have called but one court. Ia the late case of Mr. Nicholson, I should have called one, but you and I both concluded that the case was a proper one. for the civil courts. I have heard of no case of homicide, either of a freedman or freeman, where 1 was not prepared to issue a commission to try it, if the military bad forborne to anticipate me. I havo now ap pointed several Judges to hold such courts when needed, if they may be allowed to do so. I deeply regretted to read that portion, of yeur letter in which you say, "from my owii observa tion aud information obtained from the commis sioner of freedmen, I am of opinion that acts of Mas . - unlawful violence towaiQ3 the freedmen are bc- cou),0g more frequent: The first effect on the m-la(j 0f ,ne pe0plc tf the dispersion of the rebel forces and the occupation of the country by our troons is. jn a measure. wMrinrr r.iT flnd tlw ap- narCut apathy and sturufr resulting from theL"l3 Excellency, the PrcsiJeut of the Unitc'd changed condition of things is replaced in the I minds of those who give up slavery with reluc- j tauce, by feelings of hostility to the freedmen. Under all the circumstances I think that the j restraining influence of prompt trial and punish- ment of offenders, particularly tho33 guilty of homicide, by military commissions, is the only adequate remedy lor the existing evil. The J l.. I- . . - ! rri action of grand juries would not, I fear, under the condition of things now existing in the State, correct the evil." The State previous to the rebellion, had witb- m its limits many free citizens of color, who, have ever been entitled, as the freedmen noir are to the same mode of trial by jury as were the whites And whites have frequently suffered death for outrages, sot only upon them, but upon slaves. ' The State, in my judement. has no eama to blush .for 115 administration of the law. hcrcto- fore, where iue iree person ot color was con . t. - 1 ' r cen.ed. 1 am a sincere lover of its. reputation, pennteudent of Ireedmen, and approved by the and would deeply, lament io see its sworn tribu- ' ireiident himself. nals of justice oppress, in administering the law, You say, "I deeply regretted to read that por the weaker' race of its inhabitants. I cannot, U'0" of your letter io which you say, 'From my therefore, sympathize with you in your alarm for, ?wn observation and information obtained from the security nf the fr'ppdir.en' t.ri rtA nnrW Per Annum IN ADVANC12 F0CRTEENTI1 VOLUME N D1IBER CS1. opinion, that trial by military commission it th only adequate lewcdy for restraining wrongj to the freedmen. or should appear tc sharawith ygar estimate of those great civil palladiums of the liberties of freedmen the grand and petit juries of the country. It is very natural for men of generous feelings to listen with interest aod favor to tho recital of wrongs by one whom 'thry regard as oppressed, and I hope that it is not ill timed in thii com munication to suggest that in all probability th commissioner of freedmen hears only the com plaining party, he may, and doubtless does, hear and trust- what Is greatly exaggerated. It is a general vice of all prosecutors to exaggerate, and experience alone can correct its effects on even the best of men. The cafe of 'the freedman, Currie, forcibly illustrates this. lie had scarcely arrived in this place and told his talc, before h was apprehended under a warrant for an assault on one or more of the very persona of whom he complained. In my proclamation of June, I specially addressed the freedmen, and proclaimed to them that they were now free; that they wer free in common with all the people; that tbej had the same rights regulated by law, whic'r others had to enter upon the purguit of prosper ity and happiness; and that they were protected in their persons and property. I TT II I snau, so iar as lies in my power, guarantee to tho race all these rights aod privileges and benefits; and I bare confidence that they trill ba protected by the laws of tho land and the courts of justice. In conclusion, sir, alio? me to hope that your views, as expressed in your letter to which this !s a reply, may be so modified, as that you may see with me the propriety ard necessity of allow ing the civil tribunals to exercise jurisdiction in all cases affecting the peace of society, without regard to tho color or the condition of tho of fenders. 1 am very solicitous, as I feel you arer that the civil and military powers in this Statu may' go forward together in a friendly spirit, neither interfering with, or encroaching upon " the proper functions of the other; thaVoo colli sion may occur between them; but that, acting together for the common good, they may succeed at an early day in securing to our people the benefits and blessings which flow from a perma nent government and a united country. I deem it my duty to lay before the President our disagreement; and shat! forward to him a copy of this letter, and, ua you requt, a copy of yours with my previous note of the 27th July. I have tho honor to be, sir, Very respectfully, your ob't serv't, . W. V. UOLDEN, 1W1 Gov. . Ilcadqiiaitcrs Dept. of North Carolina, (Army of the Ohio,) C Raleigh, N. C , Aug. 1 lib, 1865. ) III ExcdUtr,j If. II. JIoMcn, Gov. of K. t Sir: I have the honor to acknowledge the receipt of your letter of the lost., iu reply to mine of the 1st, touching the subject of juris diction of military tribunals in this State. As you express your intention to lay the matter be fore Ilis Excellency, the President, it would seem that, in view of tho probablo and speedy and authoritative disposition of the question, further discussion by mc would lure no. mate rial influence on the result. . Rut in yonr communication some thing are paid from which I infer that inferences wci" drawn by yourself of my opinions on omc mat ters not intended by me. In relation to f rich matters, I wish to state my views.- In the Cm portion of your letter, after quoting from mine of the 1st inst.f you say : "It is but a just in ference from this paragraph of your letter, that you deny the existence of any civil law in "tho Statef or if there be, its execution rettB folcly with the military." This inference you support by the supposition that, owing to the confusiou and conflict that might grow out of concurrent jurisdiction between civil and military courts, i. cannot bo supposed that it was my purpose to maintain, "that if the civil courts hajo jurisdic tion, the military courts may take cogoizmco also." I did not intend to maintain cither that or the contrary, nor did I intend to cither affirm or deny the existence of civil law in the Stato, but only to maintain that the military tribunal had jurisdiction of the entire subject of the pre servation of order. It. was intended as in reply 4o that part of your letter of July 27th, expres sive of your conviction that the civil courts had sole and exclusive jurisdiction of the casein question. On the surrender of the rebel forces, and the occupancy of the country by the forces of the United States, therct undoubtedly was, by the condition of things, martial law, and nouo other, in the State of North Carolina. Such law as it appears to me now exiMs, except iu ikj fir as modified or restrained by the proclamation of States, of date of June 13th, 1865 Said pro- cumatiou aoes rut, it appears .to me, in any uiantr take away the power previously held by the military authority to try eitizens for acts of violence amounting to a breach of the peace. I, or course, did Dot know that your proclamation of Jane 12th last, was previously tu its publics tion submitted to the President. But on tho supposition that it is ex press! vo of the Presi dent's will, I do not know that it is a ncce&aary inference, that because it provides for the tiold ing of civil courts of criminal jurisdiction, thai military courts cease by that fact, to have juris diction of any matters that ' might bo brought before civil courts If this were so, ie would bu impossible for the military authoritiea to execute an puoibh the violation of orders issued by tho Department Commander, which have not boen t Artti n t tm n nA&i Ivir tnfintmr fkiitfiAritv an4 ntA orders issued by the War Department and 8u the ComrniSMOOer Ot rroedtDi-n. CfcC. It Was 0