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THE WILMINGTON JOURNAL, WILMINGTON, N. C, MAY 3, 1800. Shame, Whcrf is Tliy BluU r After every storm, a tiltliy scum, stirred up from the foul ami decayed sediments of the bottom, rests for awhile upon the surface. This is also true of great political agitations and revolutions, and has had apt illustration in the Southern States recently. In most of our States, however, this scum, by the weight of its own filth, n rapidly sinking to the bottom, as the political waters sub side, and it is to be hoped, with the returning calm, it will entirely disappear. In Tennessee and Virginia, however, the people are yet cursed by rulers who are a disgrace to the age hi which we live. In the former, from the act of the Legislature, disfranchising all the citi zens but the followers and worshipers of the moral and political abortion, who now chances to be Governor, we fear time must elapse before they can be freed from the evils which beset them. In the latter State, however, the people, who are libeled by the course of their present chief magis trate, will, as soon as it is permitted them to speak at the ballot box, place the seal of condem nation upon his conduct. Since the close of the war, nothing has hap pened, which will so shock the moral sense ol tlie civilized world as the recent conduct and remarks of Gov. rierpoint, in reference to his refusal to permit Gen. Colston to deliver his lecture on Gen eral Stonewall Jackson in the Hall of the House of Delegates. We had supposed, during the great Revolution just ended, if there was one character who had acted his part in the terrible tragedy, and had passed from among us to render an account of his stewardship on earth, in whom all the ele ments were so blended as gave the world the assu rance of a man, it was Gen. T. J. Jackson. We had thought that the exalted reputation of the citizen, the exemplary character of the christian, and the brilliant exploits of the soldier, had ren dered tho character of Jackson worthy the admi ration of every man who honored virtue, truth and manliness, and had made him not only wor thy the pride of Virginians, but a pride to the American name ; nay, an honor to the human race. Wo venture the assertion that Gov. Tier point will remain for all time to tome almost, if not a solitary exception, without distinction of riarty, section or nationality, who sees nothing in the character of Jackson to admire. And with the following extract from the report of the Rich mond Hei.nuiiicr, of the opening of Gen. Colston's lecture, we propose to leave this worthy Governor alono in his uncviablc gl ry : Ladies ami Gentlemen I had hoped to-niht to have addressed voir in another place, but in conversation which has been accurately reported in one of the morning papers, the JJsanilncr the Governor of Virginia refused me the use of the Hall of the Iloue of Delegates for any ' snt-h purpose a8to deliver a eulogy on the most honored and beloved sou Virginia has produced in modem times. Hisses. fin order that the reader may better know the character of this " conversation '' to which Gener al Colston alludes, and the accuracy of w hich he testifies to, we reproduce it here, as printed in the Eca miner of last Thursday. Ed. Examiner. 1 The Hall of th House of Delegates should have been offered to General Colston without solicitation, but, in default of that fitting courtesy, he approached the eo ealled " Governor" of Virginia to ask for it. Tho follow ing brief dialogue will shovr how ho and his application were received. On entering tho Governor's room, General Colston presented to him t lie letter of invitation he had roceived from many of our mot prominent citizens, which was taken and read. As the Governor returned the letter, General Colston remarked pleasantly : "Governor, I suppose now that the war is over, that every Virginian feels a pride in the lamo and character of ' Stonewall ' Jackson." ' " Pierpoinl. "Xmmk: fc 1 no pride in Jackson as a Virginian, and can see nothing in his character worthy of admiration." After some farther remarks, Pii-rpoint aked, contemp tuously, "What is there in the character of Jackson to sidmire ' lie was a kind of crazy enthusiast, with a good deal of bigotry of Cromwell in him. That was all." tieuernl Colston. "I merely called, sir, to ask you if I could get the use of the hall for my lecture. ' 1'ierjM.dnt. " No, sir tvery emphatically). I will not lend the Hall of tho Houe of Delegates for any s'.i'lt pur pose !" And then he again asked, derisively, " What was there in the character of Jackson to admire ? General i.'olston. "It is usely for us who differ so widely, sir, to discuss that subject. You must excuse me for doing so. Good morning." And the General depar ted. In closing his able and entertaining lecture, Gen. Colston, himself a distinguished and worthy follower of the distinguished soldier, very truth fully remarks : He was beloved by liis .oldiers, admired by his enemies and the world. Jackson's mme was honored by all the world over, by friends and fejs alike, and it was reserved for one trim vail himself the 'rorerimr f Virginia torn' Unit he fed no sort of prid.e in Jackuvn, ami von Id see not It 'in 'J for ubniritli(in in h is cha rarfer. lint the soldiers who fought him did not think so ; the soldiers of the Federal army always respected and appreciated hini. The soldiers of both armies had not been unmindful of the generous spirit exhibited by both of their great leaders ; it was only tho demagogues," wli kept out of the battle, that kept howling fur blood and conliscation. Tlie ItaUimoie Fair. At a meeting of the Executive Committee of La dies, held on the iMth ult., the sum of 8108,000 was appropriated to tho following States : Virginia $20,000 North Carolina 10,000 .South Carolina 15,000 Georgia 10,000 Alabama 10,000 Mississippi 15,000 Florida J,000 Tennessee 6,000 Arkansas 4,000 Louisiana 0,000 Maryland 8,000 A committee of three ladies was appointed to superintend the distribution, for each State a list of whom will be published in a few days. In ad dition to tho appropriations above, about $50,000 will remain as a reserved fund in the hands of the Executive Committee to increase the allotment to such States as may require it, and to meet special eases. The result of the Fair has' been so far de veloped as to make it certain that its aggregate proceeds will not be less than one hundred and sixty thousand dollars. The entire expenses will not exceed three thousand dollars. r. S. District Court. The District Court of the United States, for the District of Cape Fear, in the District of North Carolina,'opeued its Spring session in this place yesterday, His Honor G. W. Brooks, presiding. The United States Attorney for the District of North Carolina, D. II. Star buck, Esq., and the U. S. Marshal, Mr.'Goodloe, were present. The Court has but a limited fcriminal jurisdic tion, and under the Act of Congress, persons to form a Grand Jury are not surninoned exceptby a special order from the Judge. The'hrst Grand Jury which has been convened in this Court for many years past, was organized yesterday, and we learn that they received from the Court a very lucid and comprehensive charge. We hear, how ever, of no business of a criminal nature, which will be brought before the Court. The Revenue Law and Post Office Depart ment. We call attention to the very important communication, on our first page, from Mr. Treas urer Battle in reference to the Revenue ? Law, which is of the first importance to the tax payer and receiver. Also, on the same page, will be found a commu nication from Mr. Jobe, Special Agent of the Post Office Department, in reference to Postmasters and Contractors, l'roin the Daily Journal, 2d iust. .Indge Fowle Opinion. We publish to-day to the exclusion of editorial and much other matter, the able and learned opin ion of his Honor, Judge Fowle, in the matter of Major John H. Gee. The opinion will be read with pleasure by the public. It will be found to be an earnest and noble vindication of the supre macy of the civil law, and will add greatly to the reputation of Judge Fowle as a jurist. The proclamation of the President in connec tion with the telegram to Gov. Worth, which we give below, renders the condition of things very anomalous, and gives grounds for a conflict of au thority between judicial and military officers. Of course, under orders received by him, Gen. Kuger acted properly, and Judge Fowle, as an in dependent and conscientious judicial officer, dis charged his duty, in construing the proclamation according to the Constitution. "It is a source of relief and gratification," says the Raleigh Sentinel " to learn that an order is to be issued that will remove and relieve all miscon struction of the proclamation. How any other construction, than the one which we have felt our- t i i selves warranted in placing upon it, ana wnicn Judge Trigg, Judge Fowle, and others, have given it, can be given to its plain and unequivocal lan guage, we cannot see. But the President's expla nation of his intentions, when fully made known, will Mitisfv our people, who are convinced of his -j disposition to do all for them that he can, under the peculiar circumstances which surround him." The telegram of the President to Gov. Worth is as follows : Washington. D. C, April 27, 18G6. To Gov. Worth: I am directed by tho President to inform you that by hiH proclamation of April 2, 18G0, it wan not intended to interfere with Military Commissions at that time, or pre viously, organized, or "trials pending before such Commis sion, "unless by special instructions the accused were to be turned over io civil authority. Gen'l Kuger has been instructed to proceed with the trial to which yon refer, but before the execution of any sentence rendered by such Commission, to report all pro ceedings to the War Department for examination and re vision. There has been an order this day prepared, and will soon be issued, which will relieve and settle all embarrass ment growing out of a misconstruction of the proclamation, of which I will send you a copy. EDWARD GOOrEll, Acting Private Sec'y. SUPEltlOll COUIIT OF L.AW. WAKE COUNTY. Ili Honor Daniel O. Fowle, Presiding EN' THE MATTEK OF JOHN II. GEE. Saturday, April 28, 1SCG. The prisoner was represented by his counsel, D. P. Hol land, of Florida, and John Wilder, of Boston, Mass. Upon the opening of Court Judge Fowle delivered the following opinion : On the 10th inst., John II. Gee, a citizen of the State of Florida, tiled a petition before iue, alleging that be was imprisoned and held in close confinement in the city of ltaleigh, by. brevet Major General Thos. II. linger, j. S. A., commanding the Department of North Carolina, and that, by bis order, a Military Commission had been con vened and organized in said city for the trial of said peti tioner, under the following charges and speciiications, to wit : Cha-je 1st. Violation of the laws and customs of war. Spe ficadons. Cruelty and inhumanity to prisoners of war, taken and held as such from the armies of the United Si ate s, by the rebel government, or the military authority thereof at Salisbury, in the State of North Carolina, in a Iu ison w hich was under the command and charge of John I. Gee, who was, or claimed to be, a Major in the rebel military service". Charye 2d. Murder iu violation of the laws of war. Specifications. The felonious killing of prisoners of war committed to his custody, as aforesaid. The offences are alleged to have been committed during the late rebellion, to wit : in the months of October, No vember, and December, 18(54. The petition further sets forth the proclamation of his Excellency Andrew Johnson, President of the United States, and claims that by virtue of said proclamation of Aprd 2nd, 18bo, he is entitled to be discharged from the custody of the military authorities of the United States Government, and prays that the writ of habeas corpus be issued, Ac., so that the cause of his capture and detention may be inquired into, Ac. On the 11th inet., the writ was issued, returnable on the 11th, at which time brevet Major General linger made re turn that the said John H. Gee was detained by him "as a prisoner under the authority of the President of the United States." The body of tho petitioner not being produced, his coun sel moved for an attachment to issue against brevet Major General lluger, on account of his non-compliance w ith the mandate of the writ, and tho insufficiency of his return thereto. The Court adjourned the consideration of the motion to the 2Sth inst., to-day. So far as the present inquiry is concerned, the guilt or innocence of the petitioner is not at issue. The question i6, in regard to the sufficiency of the return made to the writ by General lluger, and that depends upon whether : 1st. The Military Commission has jurisdiction of the alleged offences. 2nd. Have the civil courts the right to issue the writ of habeas corpus. Military Courts have been sanctioned, during time of war, upon the ground that the order, discipline and safety of an army in the field rendered such jurisdiction abso lutely necessary. Thus, during the war with Mexico, mili tary commissions were convened and organized under the command of Gen. Scott. They were never regarded as courts established under the authority of the Constitution of the United States, but as mere agents of the military authorities, and subject at all times to the control of the commanding officer. The question which we have to consider, is not whether, during time of war, tho creation of such commissions is a legitimate exercise of military power, but, whether, after the restoration of peace, and the Proclamation of the President of the United States, declaring that the insur rection, so far as North Carolina is concerned, is at an end and is henceforth to be so regarded, a tribunal thus organized can continue in the exercise of a jurisdiction, assumed during time of war. It will not do to say, that if the military commission was organized during tho existence of the rebellion, that the jurisdiction having attached, the proclamation does not operate t o suspend a trial already commenced ; for, it is well settled by the decisions of the Supreme Court of the l mted States, that if a Jaw can he repealed upon which the jurisdiction depends, before judgment, the court ran . . .... .,,-tlv ,.-.,1. fll.n ......a C .'.,..... I - Tl f 203-329 but it must he shown that it is a jurisdiction, which can he exercised, not only during time of war, upon which question the Court eloes not wish to be considered as expressing an opinion, as it is not necessary for the decision of this case, but also in time of peace. Whence is any such jurisdiction derived? Not from the common law, for, in 1st Blackstone's Com., page 413, it is said, that "martial law, which is built upou no set tled principles, but is entirely arbitrary in its decisions, is, as Sir Mathew Hale observes, in truth and reality no law, but something indulged, rather than allowed, as a law. The necessity of order and eliecipline in an army is the only thing which can give it countenance, and therefore it ought not to be permitted in time of peace, when the King's Courts aro open for all persons to receive justice acc( rding to the laws of the land And it is laid down, (by Lord Coke in 3. Inst. 52) that if a lieuten ant or other that hath commission of martial authority, doth in time of peace hang or otherwise execute a nmn by color of martial law, this is Murder, for it is against Mag na Charta." 'lic President has declared, iu his proclamation, that in North Carolina " the laws can be Mistaiued and enforced by the proper civil authorities, State and Federal." In other words, " the Courts are open for all persons to re ceive justice according to tho laws ef the land," and this of itself constitutes iu judgment of law a time of peace, as will be hereafter shown in the Earl of Lancaster's case. A considerable iortion of the history of England con sists of a record of the struggles of eur ancestors to pre vent the King from the exercise of such powers as are claimed for the purpose of sustaining military commis sions. Magna Charta was the result of the first great vic tory over milit ary domination, but the struggle termina ted not, until it was entirely settled that Military Com missions for the trial of civilians for any offence were en tirely illegal. Sir Mathew Hale, in his history of the common law. savs at page 31 : "Touching the business of martial law these things are to be observed, viz : First. That in truth and reality, Ac. (As quoted in Blackstone, supra.) Secondly. This indulged law was only to extend to mem bers of the army, or to those of the opposeel army, and never was so much indulged as intended to be executed or exercised upon others who were not. listed under the army, had no color or reason to be bound by Military Con st itutions applicable only to the army, whereof they were not parts ; but they were to be ordered and governed ac cording to tho laws to which they were subject, though it were a time of war. Thirdly. That the exercise of martial law, whereby any 1erson shall lose his life or member, or liberty, may no't epemiitted in time of peace." Lord Loughbrough, in the case of Grant vs. Sir Chas. Gould, 2, H. Black, 69, says : " Martial law, such as is elescribed by Hale, and such also as it is markd hv Mr. Justice Blackstone, does not exist at all in England," In the Earl of Lancaster's case, upon petition of error in the first Parliament of Edward 3rd, it was declared, 1st. That in time of peace, no man ought to be adinrfi. cated to death' for treason, or any other offence, without being arraign ea ana ceia to answer. 2nd. That regularly when the King's Court are open it is a time of peace in judgment of law. I. 3rd. That no man ought to be sentenced to death by the xecoru oi iuo ixuiy,, wiuiuut iub xegai inai per pares. Neither is any such authority bestowed by the Consti tution of the United States, but, on the contrary, if it had been the intention oi thp framera of that instrument to negative any nxxch construction, words more opposite could net Jiajf teen nd. Art. 5th. of the amendments to the Constitution de clares, that, "No person shall bo held to answer for a capital or otherwise infamous crime, unless on a present ment or indictment of a grand jury, except in case arising in the land or naval forces, or in the militia in actnal service in timeof war or public danger, norshall any ersou be deprived of life, liberty, or property, without due pro cess of law." It is not contended that the petitioner was ever in either the land or naval service of the United States. If he was in either service, then a court-martial would have had ju risdiction, but this court, recognized and limited by the Constitution to the trial of those in tho military or naval different, as we have shown, from a mili- iirr I'ummisaioii. which assumes to try civilians. Cut it is said, that the jurisdiction was conferred under not of Coneress. ratified March 3d, 1863, and the pro clamations of the President declaring that the privilege of Hio writ, of habeas corvus was suspended. If this were so, still, as the suspension of the privileges of the writ of haoeas Ci'ipus nun in wuiuiud inu'ujjuuui lire uui of the present rebellion," see proclamation 151 h Septem ber 1803. as the rebellion " is at an end and is henceforth tn 1.0 vn r"nrried ." such iunsdiction is now eone But did anv such jurisdiction accrue? The only right of which the "suspension of the privilege of the writ of ha beas corpus deprives a citizen, is that of being admitted to hail, where the offence is bailable,, and he is still enti tled under article 6 of the amendments to the Constitution " to a speedy and public trial by an impartial jury of the State and district wherein tlie crime sn&n nave been com mitted." During the existence of ihe rebellion, the presiding offi cer of this Court introduced into the House of Commons of the General Assembly of North Carolina, of which body he was a member, a series of resolutions relating to the suspension of tho privilege of the writ of habeas corpus, among which were the following : Jlesolced, That the privileg of the writ of habeas corpus extends no further than securing to the party under ar rest the right to be carried before a civil tribunal to have inquired into his claim to be discharged or admitted to bail, and that the clause in the Confederate Constitution (which was identical in language with that contained in the Constitution of the United States,) which authorises the suspension of the privilege of the writ, applies only to cases of persons w ho may stand committed for criminal or supposed criminal offences, Ac., Ac. Jiesoliscd, That the provision in the Constitution that "no pel son shall be deprived of life, liberty or property without due process of law " was meant to deny to the Confederate Government all power to make any arrests except upon warrant from a civil tribunal, and that any arrests otherwise made or authorized by Congress or trials except by due course of law, "except in cases arising in tle land or naval forces, or in the militia in time of war or public danger," are unconstitutonal and subversive of evt rv principle of civil liberty, and that North Carolina could not see a violation of this fundamental and reserved right, iu regard to h r citizens, without the deepest con cern. Jiesi'tc' il, That Congress has no constitutional power to impair the right to a speedy and public trial, by an im partial jury of the State and district, wherein the crime shall have' been cominitt"d, by authorising arrests other wise than under warrants returnable before the regularly established constitutional tribunals of the country, "ex cept in cases arising iu the land and naval forces, or in the militia, when in actual service, in time of war or public dancer." These resolutions were believed to slate correctly the principles of the Constitution and their whole tenor is ad verse to the idea, that the suspension confers any jurisdic tion upon the Military Commissions. They were adopted bv a. large majoritv, and ratified on the Oth of February, 18f5. This subject received my undivided attention at the time, and subsequent rellectioii has but strengthened the views then expressed. The fourth section of the act of March 3d, declares, " That any order of the President or under his authority made at any time during the existence of the present re bellion shall be a defence in all courts to any action or prosecution, civil or criminal, pending or to be commenced for any search, seizure, arrest or imprisonment, made, done or committed, or acts omitted to be done, under and by virtue of such order," Ac. This section dots not pretend to confer any jurisdiction upon Military Commissions, but is only intended to make the President s order a delence to any action or prosecu tion for a "search, seizure, arrest or imprisonment." Whether it is Constitutional, even to this extent, is not now the question, but it does not confer upon the I 'resi dent the right to try a civilian by Military Commission assuming to have the power to pass upon lite and death, but the implication is strong, that the onler of the l'resi dent shall not be a defence, if ntore than imprisonment is attempted The proclamation of September 15th, 1S(! reciting that ac -uspends the privileges oi the writ ot naoeas xrpus tl. jughout the United States, in certain cases, but does not attempt to confer any jurisdiction upon Military Com missions, except such an are conferred by t lie rules and hi tides of war, and the 1 ules and regulations prescribed for the military or naval iorces. In this respect this proclamation differs very materially and mav be regarucd as a modiheation ot the proclama tion of Sept. 21th, 18(52, which purported to suspend the privilege ol the writ o hahcas corpus, and to tronfer au thoritv, in certain cases, upon Courts Martial and Milita ry Commissions, without the sanction of any act of Con gress. As it is now conceded that the privilege of the writ of fudieas corpus can only be suspended by an act of Con gress, and as Congress never conferred the power to sus pend upon the President, until the 3rd ef March 18b3, it follows that the proclamation of Sept.. 25th, 1802, waa un authorised, and that this is the view taken oy the military authorities, we are led to believe, Jroiii the return of Ma ior General lluger, who asserts his right to hold John H Gee as a prisoner under the authority of the President tf the United States, and makes return as in such cases re quired by General Order No. 313, War Department, Adju tant General's Office, Washington, Sept. 1803, the procla mat ion of the 15th day of September, 1803, and the act ot Congress of March 3rd, 1S03, but omits any reference to the proclamation ol Sept. 21th Tlie general view of this subject, which we have taken, is fully sustained bv His Honor, Judge Trigg, of the Cir cuit and District Court of the United States, for Tennes see, at its recent term iu Memphis, in the case of Herron r.s. General Uuukle, Superintendent of the Freedmeifs Bureau, in which it was declared, that the Bureau Courts can examine no legitimate authority in time of peace, as they are entirely of a military character. In the opinion of the Court, it is said, that " The recent proclamation of tlie President of the United States, declar- ui; Hint iui iiiciuifLnun ijvi lunf i irAiem, 115 jv iicciai tttjuu of peace, which sweeps from among us every thing which savors of military constraint upon the rights of citizens, and icstores to them the ordinary and peaceful channels for tlie assertion ami enforcement ot these rights. The Court therefore concludes, that there is m jurisdic tion conferred upon Military Commissions to try civilians in tune ot peace, either by tlie common Jaw, the Constitu tioi 11 of the United States, act of Congress or any procla ition of the President after the power of suspending the inati Iuivilege ot the writ of habeas corpus was conterred upon lini, but that such jurisdiction is in elirect contravention ot the proclamation of April 2nd, 18iit, which declares, in accordance with the principles of Magna Charta, antl the Constitution ot the tinted Mates, that, ' standing armies, military occupation, martial law, military tribunals and tin? suspension of the privileges of the writ of habeas cor pus, aro in times of peace dangerous to public liberty, in compatible with the individual rights of the citizen, con trary to the genius ol our tree institutions and exhaustive ef the national resources, and ought not, therefore, to be sanctioned or allowed, except in cases of actual necessity for repelling invasion or suppressing insurrection or re hellion." Assuming, then, that the Courts in question were in their inception legitimately and properly established, and that tlie mns-Jictioii exerciseel nv tiieni, during the exis tence of the war, was also legitimate aud proper, it does not follow that they have a right, now the war is ended, to make and summarily to enforce orders as they diet while a state of war existed. The war being ended, that is an end to the Court, ami there being no longer any such Court, the officer of the Bureau has no longer a ry authority to act in that capacity and to enforce judgments or orders, whether made before or since the declaration of peace. If he does so, and un der that pretext seizes the property of a citizen, he will become a tresspasser, anel may be held liable to damages to the party injured If in this cage the judgment was rendered and not enforced lefore the war ended, then it cannot be now enforceel, for the authority by which it was rendered has ceased with the war and no lon ger exists." The only epiestion remaining for our consideration is, as to the jurisdiction of the civil Courts, and their right to issue the writ of habeas corpus in oreler that the cap ture and detention of the petitioner may be inquired into. As the privileges of the writ were only suspended during the existence of the rebellion, and the rebellion, so far as North Carolina is concerned, " is at an end and henceforth to be so regarded," it follows that the Court can issue the writ, provided it has jurisdiction. The fact that the petitioner is held by a Fedral officer, and the writ has been sued emt from a State Court, is not important, inasmuch as it lias been decideel m North Car olina, in Bryan's case, 9 Jones 1, that the Court has juris diction in sueh cases. Tho petitioner is not arrested and held for trial merely as a prisoner of war. and because of his participation in the rebellion, but it is chargeel that he has violated the laws and customs of war. The laws and customs of war are a part of the laws of tne nations, ana tne latter nave always been regarded as a part of the common law. 4. Black. Com. 67, and offen ces against the same, which are not elirectly connected with the order, eliscipliue and safety of an army in the held, are punishable by the civil tribunals. The charges against the petitioner are not of the latter character. Whenever a party is the recognized loyal custodian of anomer, anu is guuty oi crueitv or mhumanity towards him, the law will hold him ameniable and he is subject to indictment in onr civil courts. If he is not the legal cus todian, then he is indictable for a false imprisonment, and the cruelty and inhumanity is considered in determining the punishment to be awarded. If death has ensued from cruelty and inhumanity under such circumstancea, the party is indictable for murder, and upon conviction will suffer death. The jurisdiction, therefore, of the Superior Courts of Law, is clear. It has been suggested that the President did not intend by his proclamation to interfere with Military Comtais sione, at that time or previously oganized, or trials then pending before such Commissions, and that if the Court ia satisfied that such was the intention of the President, it would not interfere by means of its writ. The Constitu tion declares that ' the privilege of the writ of habeas cor Sus shall not he suspended unless when in cases of rebel on or invasion the public safety may require it," and the act of March 3rd, 1863, authorizes the President only to suspend the privilege of the writ during the existence of the rebellion. It therefore follows that as soon' as the re bellion is declared to be at an end, that it is the duty of the Court to declare that, ia judgment of law, the privi lege of the writ was restored. The fact being declared the result inevitably follows, and there ia no power in the President to declare that the insurrection is at an end, but that these Courts cf Military COKsausioB may, ia certain cases, continue to exercise jurisdiction as if tho insurrec- tion were still waging. If he could continue the uspen- sion a day beyond the constitutional limitation, he might Kiinlinnn it Indefinitely It is considered by the Court, that the return to the writ is insufficient, and it is . Ordered, That an attachment in this cause issue against Brevet Major-General Thoa. H. Iiuger, but that the same be accompanied with a copy of this rule, which is to oper ate as instructions to the Sheriff not to serve the same, if Brevet Major-General Thos. H. Iiuger shall forthwith, up on service of a copy of this rule upon him, cause the said John H. Gee to b' brought before me, in obedience to the writ of habeas corpus, heretofore issued in this cause. DAN'L. G. FOWLE, J. 8. C. April 28th, 1866. The following is a copy of the writ directed to the Sheriff : STATE OF NORTH CAROLINA, ) , Wake County. To (he Hherijf of Wake County, Greeting : You are hereby commanded to take the body of Brevet Major Genertl Thomas H. Buger, and him safely keep so that you have him before me forthwith, without bail or mainprise, at the Court House, in ltaleigh. Herein fail not, and have you there and then this writ. Witness, Daniel G. Fowle, Judge Superior Court of Law, at Court House in Baleigb, this 28th April, 1866. (Signed) DANL. G. FOWLE, J. S. C. Which the Sheriff' subsequent returned with the follow ing endorsement : Executed the rule bv serving copy upou Mai. Gen'l. Rntrer. The General declined producing the body and refused to submit to an arrest, and I was unable to make the same, because he was in command of a military force too strong to be overcome by the power of the country, April 28th. 1866. (Sizned.) E. H. BAY, Wnerenpon the Counsel of Maj. Gee submitted a reeiuest that the Clerk be directed to certify and transmit all the proceedings m the case to his Excellency, tne uovernor, for such action theron as he might deem auvisaDie The Court accordinclv Ordered, That the papers in this case, together with the opinion of the Court, be tiled with the Clerk of the Supe rior Court of Law of Wake county, who is hereby directed to certify and transmit to his Excellency Jonathan Worth, Governor of the State of North Carolina, a transcript of all the proceedings of the Court in this case, that he may take such action in the premises as ue may aeem proper, lle.ce'hstrnction. If the people of the South had been in doubt as to the object of the Jacobins of Congress, the re port of the Reconstruction Committee would now relieve it. Of all the shallow political knavery which has heretofore distinguished Congress, this is the consummation. After five months of assid ious labors tho committee of fifteen of the two Houses, appointed ostensibly to inquire into the condition of the States lately engaged in war with the Federal Government, but really to bolster up the declining fortunes of the present dominant party, and to secure success in the next Congress ional and Presidential elections, have agreed upon and reported a plan of action. A careful analysis of the report reveals but one fact only, and that is the determination, at any cost, to retain the offices and patronage of the Governmentras long as pos sible. Fearing to compromise these objects by appear ing to keep the South longer out of the Union, and desiring, by way of delay, to furnish food for agi tation and discussion, the committee have submit tal a report, the aeloption of which, by Congress, and its subsequent acceptance by the requisite number of States, would more effectually prevent reconstruction, if possible, than the suc cess of the Coufctlerate arms. Still, illiberal as the reported scheme is, devoid of justice, expedi ency and common sense, no one can hardly be surprised at it. We suppose, had tho committee been compelletl to roport in ten days from their first meeting, their deliberations would have re sulted in similar conclusions. Their continued and extended sessions, and their examinations of many distinguished Southerners, were but expens ive mockeries, intended as a pleasant, counterfeit of honest legislation. We can hardly believe that the report of this Committee, expected to give peace, reconstruc tion and reconciliation, but which has really pro posed in their stead war, destruction and aliena- a. tion, would be endorsed by two-thirds of Con gress, which is the majority necp&sary, had we not seen as great outrages to justice and law, already passed over the veto of the President, and in face of the unanimous protest of a people, whose utter helplessness, should have rendered their rights under the Union sacred We have more hope, however, from the Legis latures of the several States than from Congress, Conservative Legislatures of Northern States must certainly reject the proposed constitutional amendment, and of course the Southern Legisla tures will do the same. But we can hardly foresee to what extreme limits radical measures will be carried. We know from recent experience that constitutional restrictions and honorable obliga tions have no control of them, and to accomplish their purpose we have but little reason to hope that personal honor, constitutional barriers, or the safety and prosperity of the Union itself will in the future, more than in the past, be permitted to interfere The lefusal of ten States to ratify, would defeat the proposed amendment. In order to circum vent the requirements of the Constitution in this recartl, we see that Mr. Sumner maintains that the States, at present represented in Congress, con stitute at present the United States, that a ma jority of their electoral colleges are sufficient for the election of a President that they, only, are to be counted in ascertaining a quorum of Con gress, or three-fourths of the States, in the adop tion of a Constitutional amendment. As Sumner seems to control Congress, this construction may be sanctioned, in which event the proposed amendment will prevail. We will not do tho good sense of our readers the injustice of discussing the different proposi tions laid down in the report. They will be found elsewhere. Their adoption will most assuredly accomplish what they are designed for the fur ther exclusion of the Southern States. Be the consequences what they may, poor and overwhelm ed as we are, they will be rejected with scorn.and indignation by the entire South. We, at least, will take no part in forging the chains that will bind us hand foot to the Radical charriot-wheels. The tender of the bribe, in the proposal to in dulge the ratifying States in the matter of the di rect tax for ten yeare, is not more insulting to us than it is characteristic of them. Consulting their own hearts and taking counsel of their corruption, they add this offer, hoping our poverty may con trol our virtue. The spider has indeed woven a beautiful house and provided his parlor with en ticing furniture, and now holds out a tempting of fer to unwary flics to "walk in." Who accepts the invitation? The Cholera, in. New York Harbor. The recent cold snap seems to have killed off what was left of the cholera poison on board the vessels in the lower New York harbor. There were no new cases for the twenty-four hours which closed at the date of the last report, the 29th nit., while the deaths were few and the sick were gen erally getting better. In a few more days we may reasonably hope that all traces of the pestilence will have disappeared from the vicinity of that city. Theorists may say what they please about the uselessness of quarantines, but the cases of the Virginia and the Atlanta show that cholera can be kept out of populous communities by a rigidly-enforced quarantine. That disease does not originate upon this continent, and every in stance of its appearance in this country can be traced to the hip which brought ft oyer, We be- Heve that, Trith proper care, the cholera can be New York and other ports until wp sucfi unie as n uegmu uwouw Northern Germany, England, and Ireland. When all the ships that come to those ports of the Uni ted States which have daily and hourly communi cation with infected ports which are infested with cholera they cannot escape ; but, as that disease is as yet infrequent in the ports with which our cities have most-trade, they ought to escape a visitation for several months, if not until another year. The Boards of Health will undoubtedly have an abun dance of time to prepare for the dreaded visita tion. Scpeeiob Coubt. Yesterday beiog tho commencement of the second week of the present session of the Court, the cases on the Stato Docket were, pretty much all gotten through with. Aaron Malloy, a frtedman, was tried and convicted of larceny. Judgment of the Court : That the defendant receive 12 lashes upon his bare back, and pay costs of pros ecution. The next case taken up was that of the State vs. Bobt. T. Brock. Charge, murder. The Grand Jury in this case having returned the bill of indictment as " not a true bill," on motion the defendant, Bobt T. Brock, was dis charged. It will be remembered that this man Brock was imprisoned sometime during the close of the past year, on suspicion of being the murderer of one John Connell, who was found murelered in his room at the Frank lin Hotel. Sentence was passed urxm Medora Ann Cutlar, a negro woman, who was convicted of manslaughter on Saturday last. The Court sentenced the prisoner to imprisonment for thirty days, making the whole term of her imprison ment, since she was first committed, six months. His Honor in passing sentence upon her, warned her to be more careful in administering medicine in future, as, for a repitition of the offence she would certainly be hanged, whether it was her intention to kill the person or not. No other business of importance was gotten througl: with except a few eases on the civil docket, among which were those of one Wm. Porter, who was charged with re tailing spirituous liquors without a license. The number of charges thus brought against him were twenty-thre J. He was found guilty, however, in only ten instances and was sentenced by the Court to pay a fine of $25 and the costs of the prosecution. Daily Journal, 1st inst. ScpEKion Coubt In our report of the proceedings of the Court in yesterday's issue, we omitted to mention the case of the State ts. James Wilson, alias James Boyd, alias James Carey. Charge, highway robbery. The defend ant, in this case, plead that he was not guilty of highway robbery, but guilty of larceny. Ordered by the Court, that the defendant receive thirty-nine lashes on his bare back and be discharged upon payment of the costs. The first case taken up yesterday, was that of the State vs. William Johnson. Charge, burgalary. The defendant plead that he was not guilty of burgalary, but guilty of larceny. Judgement of the Court, that he receive thirty- nine lashes immediately, that he be then returned to jail, there be imprisoned thirty days, and at the end of that time he be taken out and receive thirty-nine lashes more, and then be discharged upon payment of costs, or other wise according to law. No further business of importance was transacted dur ing the day. Daily Journal, 2d inst. ScpEBion Coubt. The Court met at the usual time yesterelay, but done nothing worth reporting, except to order a special venire of a hundred men to appear at the Court House to-day, in order to select from this number a suitable jury in a case of burglary, wlncli win be brought before tne Court tJns morning. New Hanoveb County Medical Association. Accor ding to the call of the President, this body assembled at the City Hall in this city, on Tuesday evening last. Wo understand that the number of Physicians in attenelance, from the city and county, were respectable, and that the proceedings were harmonious and interesting. This as sociation is auxiliary to the State Medical Society, soon to assemble in Raleigh, and its operations, suspended during the war, are now resumed under favorable auspices. The object of this County Medical Association, as set torth in the constitution and adopted, are the " advance ment of Medical knowledge, the elevation of professional character, and the promotion of aU measures of a profes sional nature that are adapted to the relief of suffering humanity, and to improve the health and protect the lives of the community." Surely these are humane and noble objects, worthy of the best enorts, incuviuualiy anel collectively, of the whole Medical .Profession, and in their attainment, the commu nity are of course deeply interested and should give their warm ana hearty support, combined action, based upon scientific objects are honorable principles, like those which have prompted and are carving forward this movement, promises in every way more success by such voluntary as sociation, than when singly made, on the well known prin ple that there is more strength and efficiency in union. The following officers were elected for the ensuing year: DR. WM. G. THOMAS, President. DR. F. CUTLAR, Vice-President. DR. A. E. WRIGHT, Treasurer. DR. H S. SATCHWELL, Cor. Secretary. DR. W. H. HALL, Recording Secretary. The regular meetings of the association are appointed to be held quarterly in Wilmington on Tuesday of each County Court week, when medical and surgical diseases will be considered, communications, oral and written, be made and discussed, and other business transacted. Special meetings may be had in addition at any time. An adjourned meeting will be held on the 15th inst., to mature further arrangements intended, when an opportu nity will again be offered to regular physicians to apply for membership in the association. The subject of epidemics, yellow fever, Asiatic cholera, Ac, are already engaging the earnest attention and delib erations of the association, as we are informed. The question of cholera, now so much engaging the public anxiety, is duly appreciated, and a laudable desire manifested to adopt the best means of preventing and treating that terrible disease. The Corresponding Secre tary was directed to open correspondence with the muni cipal and medical authorities abroad on this subject, with a view of eliciting the views of others. OUR RALEIGH CORRESPONDENCE. Tlie Weather Stoimy The Editors Calm T he Far mer, the Merchant and the Mechanic Dull Times Improvement of The Capitol New Post Office Trial of Maj. Gee Appointments by Gover.ur Worth Adjutant General Dislribidion of Artifi cial Limbs Tlie Literary Hoard, Dc, &c. (Front Our Own Correspondent.) Raleigh, April 27th. Messrs. Editors : When the world was less given to gab than it is now, I believe it was laid down by Rhetoricians, " never say anything un less you have something to say." If the rule were authority in this day, I should certainly not trouble you with another letter, yet awhile. But I am a man of my promise and I promised you an occa sional letter, All other themes failing we can have recourse to the weather, and I will say a word about that. We had imagined that old Eolus had reduced to subjection the winds that were so rampant during the month of March, and had fastened them securely in their prison-house, his cave, but he must have been de ceived by their quietness and apparent submission and allowed them to escaoe his holts a. ' v wmoi Certain it is they have been rushing madly by us one after another, for two or three days past, in manner that mtiicated a resolve never to be caged " again. It is a pity the old jailor should have so relaxed his vigilance. The beauty of our little city, and the country around, has suffered considerably in consequence. The trees were just putting on their spring garments, of all the deli cate tints appropriate to the season, and manv in part or in whole, have been hurled to the earth, while the garment of the others are much tattered and torn. The gardener, too, has cause to have his visage lengthened when he looks upon the veg etables that were just becoming the pride of his table, and sees the effects of the blasts upon them. It is true, however, that a few days calm and sun shine will restore things to their late healthy ap pearance and beneficent May will find them prepar ed ior ner lavors ana smiles. The winds are all blusterfira editors (I ask your pardon!) who, a few weeks back, kept the public excited or aroused by their strife of words, their keen trusts and dexterous parting of blows if they have not concluded a truce, have relaxed their warfare into picket skir wwwng, and, out journals, are. majftgd by a com- paratively calm discussion of the issues of Ulc day. Would it could continue ! Let us not be disturbed by bickerings at home, while receiv ing the peltings of radical wrath ! Poverty and affliction should make us avoid all exhibition of private animosities. We should leave that for tin return of prosperous days, if it be necessary at anv time. Our people aro straining every nerve t get the means to keep them afloat 'till the crop of the coming Fall shall afford some relief. Every thing depends on the success of the farmer, and the farmer happily seems alivo to tho responsi bility upon him. Tho merchant who has fur nished us with the necessaries of life, for a consid eration, has long ago reachetl the bottom of our pockets, and he now doubts whether it be worth his while to replenish his half emptied shelve.-!, while his anxious look often indicates that he hx-, but little surplus funds to meet the demands of his Northern creditor and support his dependent family. The mechanic is iu a little better condi tion, but he feels that he cannot count with cer tainty upon a paying job, when he shall have finished that wrhich now occupies his attention. We are glad to see tho State and General Gov ernments have some work here to give a few of our honest painters and carpenters. The pain ter's brush has within a few days past workeil con siderable improvement in the appearance of tin rooms in the Capitol. Each of the officers has, in turn, been compelled to vacate before that practi cal Board of Internal Improvements, and seek an asylum with a neighbor till his sanctum was refit ted. The Executive rooms present quite a differ ent appearance from what they did in the latter days of the war in North Carolina, when the orna mental was necessarily neglected. Tlie Postofiiee Department is erecting a temporary wooden Imild ing for a postoffice, on the corner where Law rence's Hotel formerly stood, the site of tlie hotel having been purchased by the United States Gov ernment several years before the war. lint i ti the war a handsome brick postediiee, worthy the Capital of the State, woulel probably ere now have been erected. Such a building would sn ve an e cellent purpose in the way of ornament to thai portion of the city, by partially concealing froi:. view our poor apology for a Courthouse in neighborhood. The trial of Maj. Gee still drags its slow length along. We see several gentlemen from Salisbury and the country beyond in town, patiently await ing their time to be called on to give evidence in behalf of the prisoner. By the way, if we mistake not, to-morrow is the day fixeel by Judge Fowl., for giving his decision, on the motion of counsel for an attachment for contempt against General Ruger, for not producing the body eif the prisoner as requiretl by the writ. Gov. Worth has not the patronage possessed ly the Governors during the war, an-1 the late Pro visional Governor ; but we see he has recently made two excellent appointments in the selec tion of Col. Jno. A, Gilmer, of Greensboro', for the post of Adjutant General, and of Mr. L. (Jar land Ryan, of Chapel Hill, for the duty of distrib uting artificial arms anel legs among the maimed soldiers of the State, under the act of the Legis lature. Maj. Ryan was a lame soldier himself for awhile, and he brings to the aiel of his late unfor tunate comraeles-iu-arms, a good head, willing hands, anel a sympathizing heart. Gen. Gilmer's duties as Adjutant General, we imogine, will not be very onerous, but his character a.? on officer, earned while he was "Colonel of the 27th N. ('. Troops," is a sufficient guarantee that whatever they be, they will be well performed. We understand the Literary Board is in session to-day. The boarel is composed of first rate nu n, but we doubt that even they will be able to make, the "N. C. new G's and 8's" with which the Treas ury of the Literary Fund was onco filled, availa ble for much in promoting the cause of eelucation in the State ; and we believe the Legislature ap propriated the thousand old G's belonging to the Funel, and its only valuable effects, to the; use ot the Public Treasury. e would fam hope tho Board may discover a way to save the Fund ? from bankruptcy, but we do not sec how it can bo done. I am yours, &c, 1). LATEST NEWS BY MAIL. Corresponelenoe of the Baltimore Sun. J Reconstruction. Washington, April 29. The joint committee on reconstruction have at last agreed upon a plan. and will report to-morrow to both Houses a pro posed amendment to the Constitution, with two bills to carry into effect its guaranties. The pro positions made by the committee will without doubt be endorsed by their associates in Congress, but are of such a charater tlv t it will be impos sible for the South to accept them, which is precisely what the Radicals want. They have no intention that the South shall be represented in the national Congress unless she sends mem bers in full accord with them, aud who will at once fall into the party traces under the lead of Stevens, Sumner fc Co. All tlie wisest and best men of the (South are to be forevt 1 excluded from holding office ; men like Alexander H. Stephens who, with a proper spirit on the part of the North to ignore the past and conciliate dif ference, could do so much to re-unite the bonds of brotherhood now so wide asuneler ; and, then, all who adhered to the cause of the South are to be excluded from voting for members of Coiitrress and Presidential electors until July, 1870. Now, with such a provision as this, where aro the voters to come from if the South does not confer suffrage upon her ignorant negroes ? Tho committe e wel know that, rightfully or wroncfullv. tl IO fTi.nl, mass of the Southern people cast their fortunes in with the cause for which so much was sacrificed, and yet they propose this wholesale disfranchise ment of a heretofore franchised people. Ami as to the blacks, it is known that thev aro a uncor , plaining and faithfully worked in supporting the rebellion in their wav as anv others, ns 1'.,. .... they were not, by the force of circumatar D vented from doing so by being brought within the area of the extending Federal lines. This weel will probably be the most interesting since the convening of Congress, a-, the debate on uie piau oi uie moaei re-constmc douists will take a wide and extended range. Tb e three Democrats on the committee all vote against the report. THE CHOLERA TN NEW YORK. nn if Firm he Ne York- Herald, 2t)th nit. The cholera is aun r&ging at the lower quar antine. Five deaths have taken place, and thir teen additional cases been received on board tho alcon since Dr. BisseU made his last report Th. whole number remaining in the hospital is nim fv six, being an increase of eight since the last report. ?bur.ne m a communication to tho Board of Health, gives a very hopeful account of matters on board the Falcon, and says that the severity of the disease is evidently lessening. The old sloop-of-war Saratoga was anchored in the lower bay on Friday night, and will be used for quarautiut. purposes. 1 The Dead of the War. A plan for the vault of the Washington Cemetery, intended for the reception of the Union dead who fell on tho battle-fields of Virginia, has been approved by the Quartermaster-General. It will be circular in shape, with an interior diameter of twenty feet, and covered with a hemispherical arch or doom. In the top of this dome will 1)S an elliptical open ing, covered with stone tablet, on which proper inscriptions may be made. The vault will be di vided into four compartments by two cross walls intersecting at right angles. The remains of Union soldiers are generally distinguished from those cf the rebels by tho buttons of their uni forms, and sometimes by the descriptions of the deceased enclosed in sealed bottles, which, toward the close of tho war, were interred with tho bodies of our dead heroes for subsequent identification by their friends or relatives. "JVhkat Prospects ts the South. The Nash ville Gazette learns that the prospects of tho wheat crop in Georgia are most flattering. From Mr. Lollar, who has been travelling extensively throughout Alabama and Mississippi during tin past few weeks, we have a similar report in regard to the prospects of the wheat cron in thosp States. A much larger amount of this staple cereal Ik IS oeeu grown mis year than ever before, and tl II' oiaaes are already two feet high. Morality has taken a high standard in Carson City, where there is a dancing school contlueted on very strict and puritanical principlee " Cash ia advance, and Juggin."
Wilmington Journal [1844-1895] (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 3, 1866, edition 1
2
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