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ijoSfeLTfIJTIO^ALIST
ATTaUSTA, GA. ■
SUNDAY MORNING, SEPT. 8, 1807.
11. It is the duty of the military authorities
in this District to 'secure to the people the ut
most freedom of speech and of the press comm
ent with law ; not to restrict either. Ho satis
factory execution of the lute acts of Congress <
nraeticahle unless this freedom is secured an i
its exercise protected by the mnal legal mean ~
HI. No-officer or soldier in this common ■
will hereafter interfere with newspapers or
speakers on any pretense whatevei.
[Gbn. Popb’s Okokk, Junk «Ji>.
“ Vreedcm of speech and, of the press, educa
tion, eqaalily 'before the law, andinpohticu,
rights and privileges, are the essentials off any
satisfactory reconstruction in. tlui booth.
[Gen. Popb’s Letter to Gkn. Grant.
TEE PRESIDENT AND GEN. SICKLES.
GENERAL SICKLES’ DEFENSE.
Headquarters Second Military Dist ~)
CflA-RTiRSTON, S. C., AIIJ'USt *>o, 1 S(>T. >
General: 1 have the honor. In compliance (
with your instructions dated the 24th inst., I.) .
report the facts and considerations _
upon the question which has arisen m North
Carolina between the civil and military antlioi
itv- mv report embraces, in accordance wiin
your desire, t.hc interpretation given by me to
paragraph II ot General Orders No. 10; also,
references to the acts of Congress, lroni which
is derived the authority exercised in the pro
mulgation of the military orders m question ;
and a statement of some ol the reasons justify
ing them. And it this communication shat ap
pear to he more voluminous and elaborate th m
the occasion seems to require, my excuse will
be found, 1 trust, in the desire to omit nothing
von might deem essential to the most exact i >■-
view of all that has been done.
The refusal of the Marshal lor the District of
North Carolina to give any information about
the process of the United Stales <*\*
b inds lias prevented filial action in tin malt' i
for the want of reliable official data. Althoiieli
for (ho same reason (m# iopoitli.i» hcei* ui,
Hved, no doubt is entertained as to the su .
stalltial accuracy of the information derived
from other sources, and herewith ctiujuiuiii
eatcil, in relation to the process the Marshal «-
mauds shall be executed.
Eirlv in the present month a communication
was received from Mi« Marshal for tlie District
of North Carolina, dated July •><>, IW>7, inloim
|ng rac that Colonel Frank, eopimaudmg he
military post of Wilmington, had fon.idden the
enforcement of an execution issued aL the 4a n .
term of the United States Circuit, Court. J 1.,
communication, altliough exceptionable m tone
and matter, was referred to the Post Command
„» for report. Colonel Frank himself, ahoie
tbe r-ainc time, reported that lie imd tempora
rily subtended the proceedings of the D‘‘.puiy
Marshal, assigning as the reason for his action
tint (lie enforcement of tlie execution wash
lievcd to be in violation ;
Cl-al Order No. 10. This action ol Col. I tank -
was approved, and he wart directed to report at,
the facts of the ease, when further (list' urtic ns
would be sent to him.
On the 17th inst.., Colonel Frank having re
ported that the Marshal was proceeding to en
force his process, the following communication
on the subject was on the same day addressed
to the headquarters of the army :
Headq’rs Second Mtlitarv District, ?
Charleston, 8. C., August 17, 1807. $
Adjutant General V. S Army , Washington, 1).
V c ' .
The Commanding Cliiccr at W ilmingtnn o'-
ports to me this morning t hat the United States
Marshal for North Carolina is instructed by the
Attorney General to ens orce immediately aI 1
executions of the United States Courts, and t o
report the names of persons offering obstruc
tions; with a view to proceed against, them
under the criminal laws of the United Bin--
and asks lor instructions. I caused the Com
manding Officer to be informed that on the r -
ceipt of the report he has been ordered tomy e
in relation to the pending c t«os. h'> wit! recci
further instructions, and that, raeunwinte ■
will not, permit the order or decree of any C‘e •'
to tie enforced in violation of existing niiiituw
orders. „ ,
These threats of the Attorney i. 'neral re
peated by the Marshal, are foreshadowed hi ''
false and scandalous article on this sulq-- t
published, it seems, not ivithont authority, in
the National Intelligencer on Monday last, ai I
to wliieli I respcctliillv invite attention. 1 wffi
remark that, tin- question now raised in fid-''
matter is not new. Last, July the United St ■ •
Courts in South Carolina ordered me to sur
render four citizens under sentence of death 1 >r
the murder of three soldiers of the garrison r
Anderson Court House. I refused, and f e
court ordered the Marshal to arrest me. i
case having been reported to the Adjutant Gi -
oral of the Army, the Secretary of War in
structed roe not to give up the prisoners, n >r
to submit to arrest, hut to take into euatni v
any and all persons attempting either. The
President afterwards commuted tlie sentences
of these men to imprisonment for life, win u
they were sent, to Fort Delaware, ami t here dis
charged by a Judge of the United Slates
Court.
It the Unit ed States Courts in the rebel States
be allowed to control tlie military authorities,
the exeeution of tlie Reconstruction Acts will,
for obvious reasons, soon become imprac
ticable. Some of these courts will begin by
declaring these Acts ol Congress void.
(Signed) D. E. Sickles,
Major General Commanding.
On tlie same day the following reply was re
ceived from the Geueral-iu-Chiel:
War Department, }
Washington, August 17,1807. S
Majm General £>. E. Sickles, Commandintj , If:
Your dispatch of this date received. Follow
the course of notion indicated by von as right,
and regard my dispaleh ol the 18th as entirely
withdrawn.
[Signed] U. S. Grant, General.
The instructions contained in the foregoing
telegram have been observed. No communica
tion from the President, on this subject, has
been received l»y me.
Herewith enclosed i transmit copies of (he
several reports and communications on t'ds
subject from the Post Commander at Wilmine
ton, the las t of which, bearing date the 38th
instant, was received on the 29th ; also, a copy
of the letter addressed to me l>y Mr. Good 100,
the. Marshal lor North Carolina. These papers
having been referred to Colonel Dennis, the
Judge Advocate of the District, for his exami
nation and remarks, I respectfully invite atten
tion to his carefully considered and able dis
cussion of the law and judicial precedents hear
ing on the case, and which is also enclosed.
My own views upon some, at least, oi the.
various aspects of the subject will be found in
the communications already forwarded, and in
the following observations:
The occasion for the promulgation of Gen
eral Orders, No. 10, of April 11, 1867, is briefly
set forth in the order itself, as follows:
“ The general destitution prevailing among
the population of this Military District cannot
be relieved without affording means for the de
velopment of their industrial resources. The
nature and extent of the destitution demand
extraordinary measures, 'l'lie people are borne
down by a heavy burden of debt; the crops ol
grain and garden produce failed last year;
many families have been deprived of shelter ;
many more need food and clothing; needful
implements and auxiliaries of husbandry are
very scarce; the laboring population in nume
rous localities arc threatened with starvation,
unless supplied with food by the Government
of the United States ; the inability of a large
portion of the people to pay taxes leaves the
local authorities without adequate means ot re
lief ; and the gravity of the situation is in
creased by the general disposition shown by
creditors to enforce, upon an impoverished
people, the immediate collection of all claims.
“ To suffer all this to u<> on without, re
straint or remedy is to sacrifice the general good.
The rights of creditors shall he respected ; but,
the appeal of want and suffering must ho
heeded. Moved by these considerations, the
following regulations arc announced : They
will continue in force, with such modification
as the occasion niay require, until the civil gov
ernment of the respective States shall be es
tablished, iu accordance with the requirements
of the Government, of the United States.
“ The Commanding General earnestly desires
and confidently believes that the observance ol
these regulations, and the co-operation of all
persons concerned in employing, fairly and
justly the advantages still remaining to them,
will mitigate the distress now existing; and
that the avenues of industry, enterprise and
organization thus opened, will contribute to
the permanent welfare and future happiness of
the people.”
The particular question now under consid
eration arises upon paragraph II of the order,
which is as follows:
“ 11. Judgments or decrees, for the payment
of money, on causes of action arising between
the 19tli of December, 1800, and the 15th of
May, 1865, shall not be enforced by execution
against the property or the person oi the de
fendant. Proceedings in such causes of action,
now pending, shall be stayed ; and no suit or
process shall be hereafter instituted Or com- i
mer.ced, for any such causes of action.”
The general tenor of the order may bejun. j
derstood from three or four additional para- !
• graphs .
“I. Imprisonment for deb; i prohibited
"Vs the defendant, in •- >a eutiVii, shall be etn.-
\ of fraudulent concealment or dispose I
tiou of his property, with intent to hinder,
delay and proveul the creditor in the recovery
of his debt or duriiuud. And the proceedings
now established in North and South Caroli; a
respectively, for the trial and determination f
such questions, may be adopted.”’
#■*#**
“V. All proceedings for the recovery of
money under contracts, whether under seal • r
by parole, the consideration tor which was it e
purchase of negroes, are suspended. Jud
incuts or decrees entered or enrolled for sin n
causes of action, shall not be enforced.”
**"* * * *
“XII. The, practice of carrying deadly we i
pous, except by officers aud soldiers in ti e
military service of tlie United States, is pi >-
hibiled. The concealment of such weapons < u
I In; person will lie deemed an aggravation -!'
the offense. A violation ol this order w t
render the offender amenable to trial and pu i
ishment. by Military Commission.”
*''*'* * * *
“XIII. The orders heretofore issued in this
Military Department, prohibiting the punisli
ment of crimes aud offenses by whipping,
maiming, branding, sQicks, pillory, or other
corporal punishment, are in force aud will he
obeyed by all persons.”
* * * * * *
“ XV. The Governors of North and South
Carolina shall have authority, within tin ir
jurisdictions respectively, to reprieve or pardon
any person convicted and sentenced by a civil
court., and to remit tines and penalties.”
*##***,
“Vis. In all sales of property under execu
tion or hy order of any court, there shall lie
reserved.out of the property of any defendant
who has a family dependent, upon his or her
labor, a dwelling house and appurtenances amt
twenty acres of land for the use and occupation
of tlie family ol the defendant and necessary
articles ot Inrniture, apparel, subsistence, im
plements of trade, husbandry, or other employ
ment, of the value of live hundred dollais.
The, homestead exemption shall inure only to
the benefit of families—that is to say, to parent
or parents and child or children. In other
eases, the exemption shall extend only to
clothing, implements of trade or other employ
ment usually followed hy the defendant, ot the
value of one iiundret) dollars. The exemption
hereby made sliall not he waived or defeated by
the act of the defendant. Tlie exeulptid
property of |l|e defendant shall be ascertain! d
by tlie sheriff, or ot her officer mi forcing the
exeeution, who shall epccilieally describe the
same and make a report thereof in each case to
the court.”
It is proper to remark id passing that this or
der, which was one ol the earliest i» ipal by
ine after assuming this command, was at the
lime of its promulgation duly forward' d lo
ihe Adjutant. General for information of the
proper authority ; the order has been in huce
fwr nearly fifT months without any official in
formation that Its pruviapins are disapproved.
The charge that I have ueiOe an issge wi' ii
the Supreme Court and have set at defj.in.ee its
decrees, is utterly unfounded, if a sffimi’di
nate functionary of a poqrf of the United
Slates, whether for his own purposes or those
of any others, chooses so to execute his func
tions, that cither he must be controlled, or else
the military authority established by Congress
over these States is to he defied by him, and
thus broughf jnto contempt, the issue is made
up ostensibly with g ffijlifaiy commander, but
in fact with the Congress 6i the United htlffca.
The military authority iu these States is the
creation Os (Uongress. The military force in
these States is hero tp px-eeute the laws Con
gress has passed. The tficjaes ams tlf.e agencies
now proyffie,} and employed to exeeute the
purposes of Congress tf.uyu (men approved by
Congress; the authority given has weep mm
firmed, and the discretion by which that au
thority was controlled, has been enlarged by a
Supplemental Act.
It would he in vain to charge me with a ward
of proper respect t»> (.1)0 judicial department of
the Government, when to tiro utmost possible
limit to which I could go, I have exhibited that
deference and respect to it, which I felt that
it becuiYiii a!) persous in authority to exhibit. !
have responded here, in my official capacity, lo
the summons of the court of i';e United Stales.
I have, when required, respectfully presented
for its consideration the causes and tlie grounds
of my official conduct. And when its order
was made to a Much my person and commit nm
to the jail, i was toid', from the ouly source
through which l could learn the y/irties of the
President, not to submit to the arrest, but io
arrest those who would attempt to arrest me.
And although tiie order of the court for dis
obedience, to which I was thus threatened,
commanded me to deliver certain prisoners
who had been tried and condemned for the
murder of Union soldier* atffinr circumstances
of great aggravation and atrocity, the ft' i
dent, himself, by a military order, subsequently
directed th' removal of the same prisoners
lie,m the j'.irwii/gttro of the United Stales
Court for South Carolina.
Tin* complaint now made is, that 1 have for
bidden the execution of the process of the
court Oi the United Stales in North Carolina;
and have thus sgf, myself above the law of tiie
land. It it had been fairly said that I enter
tained the opinion that the sumo reasons of
public policy which constrained me to deter
mine the time and manner in which collections
of debts should be enforced in the. Stale courts,
should equally guide we ju the exercise of a
just and necessary discretion in like cases n
all courts in this Military District, tuy posi
tion would have, been truly stated. For Ido
firrhly believe that Congress, intending to se
cure the restoration of the States to the UniCii,
made all O'her consideration* subsidiary to the
accomplishment of this end. Ido not believe
that the process ol the courts of the United
States should override mid set aside the orders
Congress lias empowered me to make for the
execution of its measures. If it was further
sml, as it might be truly, and should be justly
said! that I had never received directly or indi
rectly any intimation that my superior in au
thority differed with me in this opinion, or
desired the measures taken in furtherance of it
modified, many existing apprehensions as to my
conduct and motives would be corrected.
It I was disposed to narrow the ground of
my justification, it would be easy ior me to
draw your attention to the fact that hid Die
Marshal iu North Carolina wished to secure
harmonious action between the military and
civil departments of the Govern incut, it could
have been easily done by simply postponing
the execution of bis process until the next
term of t)ie court—the time when, by law, lie
was r.-qulred to make his return. This pro
ceeding would have carried with it an acquies
cence in the authority of the military govern
ment established in the rebel States, an provid
ed by Congress.
1 will not discuss the point how far the civil
functionaries of Hie United States, in view ol
the great end to be accomplished, ought to co
operate in a vet ting the pernicious consequences
to the people of these States, which it was the
sole purpose of General Orders No. 10 to pro
vent. If great public mischief is justly appre
hended by means of certain proceedings in the
State courts, is it not, reasonable to suppose,
that the like proceedings in tfia courts of the
United States would produce the Sanyo mis
chief? If the evil will come front the inode in
which the process of the State courts is en
forced, is it. not reasonable to suppose that the
like process in the courts of the United States,
enforced in the same maimer, would produce
the same mischief? it the public good is pro
moted and public order secured by regarding
the time when process iu the State courts may
be enforced, is it too much to e sp.ee l that the
Courts of the United States should co-op esatp
lor tiic same purpose,'by the adoption ot the
same means ? The courts of the United States
are not responsible for the means devised for
the restoration of these States. Is it too much
to suppose and expect (Jiftt ail courts in this
Military District will recognise tjm authority
and to respect the measures adopted by tlyosu
who are charged with that duty and arc respon
sible for the result? If the modes oi pro
ceeding in tiie Courts of the United States are,
by tiie laws of the United States, assimilated
to these in force In tiie Courts of the State,and
she military commander of this District, iu the
exercise of ins indisputable power, and to ac
complish tiie end of Congress in the restora
tion of these States, should modify such modes
of proceeding, can it be supposed that the
Courts of the United States would refuse to
modify" their rules of procedure in all like
cases? If they were independent of all modes
of preceding in the Courts of the State, and
could regulate their own as they pleased,
would it not even then boa wry grave crior
for a court of the United States to disregard
all considerations affecting tiie peace and wcl
fare of these States, and overrule the orders of
the military commander, charged with the exe
cution of the measures Congress had provided
for jho reconstruction of the Union ?
While proceedings in the courts of these
Slates for causes of action arising during the re
bellion are Rtayed, oucc upon wide the doors of
tiie United States courts in fhjs Militaay Dis
trict, for such litigation, and who will mark the
limit to fraud and perjury, provoked by cupidi
ty, whieli will be invoked to geenre the juris
diction of the Federal tribunals ? The citizen
ot North Carolina, whose debtor is in North
Carolina, has no remedy but in the courts oi
that fi'afe. The citizens of South Carolina,
having with each other the same relation, are
restricted also as to their forum. In the re
covery of whatever these citizens of the same
States respectively claim against citizens of flic
same State, they must wait for a certain speci
fied time i,i some cases ; in others, until a loyal
and legal State government is established. But
if it be admitted that my orders have no au
thority to restrain the acts of those who come
here from abroad, then the citizen oi Virginia
crosses the line, and sues the citizen of North
Carolina iu the courts of the United States for
that Slate ; and the citizen ot Georgia comes
into the courts of the United States for South
Carolina, and does the same ; and if suits can
be so maintained against citizens, then prosecu
tion can likewise be maintained against officers
and soldiers on dnfv here, and military authori
ty would cease
* It is conceded .that the rtiHitary authority is
tnaje by Congress supreme,'if not exqtasivc, oi*
regard to the people of these two States within
their respective territorial limits If persons
under the same military ■ government, lu, their
respective States, would cease to by so > n either,
by crossing into the limits ot the other;, I may
ask what opinion cau be had of the co nsistency
with which the power of tlie government is
thus exercised ? What effect it mufjt produce
upon the people ot these States is too plain to
be discussed.
The remedies for the redress of private
wrongs have always been secured. The crimi
nal jurisdiction of the United States has never
beeii in the slightest manner interfered with. I
have deemed it my duty to uphold, and if re
quired, enforce that jurisdiction. The power
giveu to District Commanders is Intended to
accomplish -’certain results depending almost
equally upon the control he exercises and upon
the protection he affords. That protection
could not have been in any manner more ac
ceptably afforded than by the measures i have
adopted to enable the people to feed and clothe
themselves ami to recover from the exhaustive
struggle in which they have been engaged.—
The people of these Stales have fell that tlicv
must obey the laws of tlie United States. They
have seen, however, that the same power which
demands obedience can give, and Inis given,
• that protection which has enabled them to re
pair, in some degree, their broken fortunes ?
The circumstances which led to the promul
gation ol General Orders No. 10, have been
already briefly mentioned. There was present
ed a population everywhere impoverished, and
in many enmities threatened with starvation.—
With the reopeuilig of the civil tribunals, suits
were commenced in numbers far exceeding any
that had ever been known. When forced to
execution, final process was carried to its last
and harshest limit, without mercy. The culti
vation of the soil, from which alone present
support or future succorcduld he derived, was
about to be abandoned, because he who would
undertake its tillage felt that it was uncertain
if be would be allowed to hold his land limit
his crop was made; and that if he did make the
crop, lie yielded his Labor to another who would
lake the proceeds from his family without re
morse. Iu all the departments of labor the
same feeling of despair was predominant.
Thus driven U> desperation, disorder had
been manifested; violence was threatened to
civil courts aud civil officers ; the public peace
was exposed to imminent peril; and a state of
anarchy was impending that would have re
quired for jts■suppression the sternest exercise
of military .authority. To qy’faf' tills unhappy
condition, the evidence of which multiplied
around me,,l felt it. due to humanity, essential
to the attainment of the objects for which I had
been invested with office and command, and in
accordance with the just expectations of lf|o
Government.whose agent mid officer | was, to
exercise the'power and use the authority with
which I had been clothed.
It beyond mv own convictions of duly other
considerations were required, I hail them in the
application of the Governor id South Carolina,
and of leading men from all parts of the Caro
linus, who solicited the interposition ol my an
thurify in tlie manner indicated, tor the pur
pose Os giving lieaqe qu.l repose tq cqqpu'uuj
tics, tranquility and order td society, ami the
means ot living to the population. Nor do 1
know, after frequent and esrefql review of
what was then done, by what conduct 1 should
more justly have provoked aud deserved the
censure of the Government, than, if having
power to prevent it, I had allowed tlie multi
plication by thousands of those who were then
with difficulty fed and kept alive by the charily
of the ftoveiiopeni, Uilffer sijcii pircuwstifficcs
I did interpose my authority. And to thls'ex
tent only did 1 go: Ist, To those who hud al
ready entered upon judgments it was said, for
bear for twelve months to enforce your execu
tions ; 2d, To tljqsp iyhi} were suing upon con
tracts' made during file war, it \ f ;as said, lake
no farther steps at present iu the prosecution
of yoursuits ; ifd, T° those who were prosecu
ting claims lor the purchase money or slaves,
it was said, they are prohibited ; 4tn, To those
who had demands upon contracts made after
the cessation of hostilities, no inference was
threatened or allowed.
If any iiitey fereppe, therefore, is to be justi
fied, wlist other, what less than Was q&ip , could
have been done V
If these orders are questioned, because of ex
pediency, it is only necessary to refer, in addi
tion (o what lias been said, to the testimony ot
the. Legislature* Ql the t’.yo Carolines ; they had
expressed, as plainly' as they could, their con
viction of the necessity for such regulations,
and solar as they could do it, had endeavored
to provide them. If, however, these orders are
questioned because of an abuse of power, or
because oi an usurpation of authority which 1
did not possess, or because they are uoerqed
unnecessary, there has been, as there is now,
ample power to cause them to be revoked.
In regard to another class ot eases to wlii'-h
these orders relate, I will not say more than to
express »,»# •• pi'J ifs" that outside of these Stales,
then; should be found any oly vliou IQ l> Bt,;y
of proceedings tn eases of contracts made here
during the rebellion; the consideration cx
nrvjiSad in such contracts was in currency cre
ated to suppftta the rebellion : the substance of
the contracts was,' therefore, in qpen violation
oi tiie laws of the United States. To uitpil a
recovery according to the terms ol tiie contract,
was but to maintain a palpable fraud; and lo
regulate the recovery by any other standard,
was to recognize and adopt it as expressing a
value, as money, in open disregard of the laws
of the. United States. V/hat should be done
ultimately in ouch eases, 1 did not undertake to
decide. What 1 did, was to suspend the en
forcemeat ot such contracts until the establish
ment oi a legal civil government. Where both
parties to these contracts remained here during
the rebellion, they could not coiqplain that their
rights should await the establishment, of a legal
government, and such provision as it should
inake /or such eases by legislation. And when
either of the parties had professed to have re
mained faithful in bis alle.gjaiiiie to the Govern
ment ol the United States, it would be difficult
for him to show how lie could consistently or
lawfully have been connected with such a con
tract.
In connection with these measures to which ■
I have referred, I will only add a passing word : I
Ist. As to the matter of bail; which bail be- !
come converted into an engine of oppression ; i
gd. 4s to the process of attachment, as it was
known here, and Which hail also been abused ;
3d. As to juries : no Statu laws haying pro
vided ior the new condition ol affairs, if. be
came necessary that I should exercise the pow
er I possessed over the Stale laws, to adapt
them to the requirements of the present time;
oi iuu/. failing to do so, jury trials infill the
tribunals of the ofaie and of tiie United States,
should cease. It could not be pretended that,
specially charged to enforce obedience to tiie
Jaws ot the United States, I could acquiesce in
that pQßif.iye abrogation oi them, which con
sisted in not only a disregard but an absolute
denial of the laws which Congress hail passed
for the enjoyment of all civil and political priv
ileges, without regard to caste or color.
Without these orders, let me ask by what
l»jy pr upon what authority would juries he
organized in (.lie nourts of she United Slates?
1 believe that tin: laws ni lj;e United Stales
provide that the qualifications of jurors, qi;d
the modes prescribed for drawing juries in the
courts of the United States, should be tiie same
as are provided by the laws oi tiie several
StaipS, and adopted in practice in the courts of
the Stale. Becept legislation of Congress lias
proyiiled pejy causes oi challenge, aud there
fore of exclusion of some who oihd'tfisc y-.ould
be qualified to serve. But no law of the United
States, of which i am aware, authorized juries
to be drawn in the courts of the United States
differently from that, mode which was practiced
in the courts of the State in obedience to the
law of the State. It was therefore, in my view,
essential npt only for the administration of jus
tice iu the courts of (Jip State, but also in the
courts of the United States, iij.'.i ffip order in
relation to juries should be made.
To recapitulate: *
1. It is expressly declared by the Acts ot
Congress that the existing illegal governments
ig tfie rube) States are subject in ail respects to
the military uopmraiujers of (he respective Dis
tricts ; so that there can fyo go question that
General Orders No. ]0 are obligatory upon the
State courts.
2. It has been decided during the present
month by the Circuit Court ol the United
States for South Carolina, that the legal rela
tion pf persons within this Military District
are governed by t!»e regulations prescribed in
General Order No. IQ, and'therefore tiie court
refused to entertain, and did not entertain the
suit of a citizen of North Carolina against a
citizen of South Carolina, for a cause of action
suspended by tiie military authority of the Dis
trict Commander.
3. The question remains, whether u person
residing out of tiie Military District can come
here and by flip process oi a court oi tiie Uni
ted States enforce remedies rightfully prohibit
ed as to all persons belonging within tile Dis
trict, and which coulessediy could not be
prosecuted by any party iu the State courts. —
Unless this question be answered in the nega
tive, it foiiows t)>at a stranger coming within
this military command, brings will) him rights
and privileges not possessed by persons re
siding here ; aud among these privileges is not
only an exemption in his own person from the
obligation resting a pop ail residents to obey
the orders of the Military Commander, but
also to deprive any Carolinian, against Whom
sueh stranger prosecutes a dcn)aiid, of what
ever rights and immunities may have been
given or assured to the people of the Carolinas
by General Orders No. 10.
*4. No question or issue has yet risen between
the courts of the United States iu this Military
District and Lite District Commander. It ap
pears, however, that an is,sue is invited by a
subordinate ministerial officer. The regula
tions prescribed in General Orders No. 10 have
not been considered or passed upon by any of
the Courts of the United States, except in
the South Carolina Circuit, where, as lias been
seen, the provisions of the O’der v/ere enforced.
The only judicial precedent, therefore, is
against the action of tiie Marshal of North
Carolina, who is not even a judicial officer.
The procees- in the bands ot his deputy was
not issued upon any, judgment, decree or, order
i in which the Court hod passed tibon the powers,
i duties or orders ot any nrUihwy ullleer. It it.
► o he presumed that perfect harmony of action
t dons eitlst, and will continue to exist,, between,
i r : federal judiciary and the military author!-
%\- - of the J, Stotea in the Second Military
District. t . -•
5. Tip fe»cffPj* n of n certain process in the
bauds at a Marshal hits been tempora
rily suspended 4>thc matter is lield under ad
visemeut by • JBPistrier Commander until the
real nature a»%.Character <it the proceedings
can tpuiAceruiYfd by. official investigation and
report. TLJpprMe coming in of such report,
one of severs Qws may be, properly taken ol
the matter ; t. Ularshal may be allowed to go
on ; farther at »n may be deferred until the
next term ofmHie Circuit Court in North
Carolina, whqMiwd the return the Marshal may
then make, tnSjwurt will decide whether or
not it will obsi gHK the regulations prescribed
by competent mPtary antbority ; or the whole
subject may I ported to the General-in-
Chief lor his Itoßer instructions and final dis
position. , • I£S>-
(>. Beyond tWwreniporary suspension by the
Post CoiumaudtS of the civil process in ques
lion, and the approval of such action by I lie
Major General <Qunmaiiding the District, there
lias been no hkClrmce or interference ; and
this temporary sjfcbnsion involves no unusual
delay, because is not required t>v
law to make any Ycturn until the next term <»t
the court.
7. Although it may be assumed the District
Commander would, unless otherwise ordered,
continue in force the order suspending the
execution of the Process in the hands of the.
Marshal, and all other like process, it will be
observed Ibat question has not yet been de
cided by the District Commander. The case for
his definite action has not yet been presented ;
and the delay is mainly owing to the refusal of
the Marshal to give to the military authorities
the information in his possession which is es
sential to final action.
8. The case, as it now stands, involves the
inadtnissablc proposition that any Marshal or
Deputy Marshal of a court of the United States
sitting in a rebel State, may execute any pro
cess whatever in his hands against sill persons
within the State for which he is appointed, no
matter it t hat process be one for the arrest of a
garrison, or ol the' Commanding Officer of a
Military Best, or of the District Commander ;
a conclusion that practically subordinates tlic
military government established by Congress m
these States, to the authority and caprice of a
subordinate civil functionary.
1 1 ,. Thu true Intent and meaning of the sev
eral Acts ol Congress for the government of
the rebel States is, that, in the absence of all
legal civil government therein, the paramount
authority of Congress over then] shall be exer
cised by thcGenefal in Chief of the armies; and,
subordiuqte tq him, by the Generals Command
ing the several Military Districts, as they were
constituted on the nineteenth day of Jniy, one
thousand eight hundred and sixty-seven, when
the last of the Supplementary Acts became a
law.
10. It was not. contemplated bv Congress
ihat any court wtiahA'er, held in the rebel
States, and «till less that any Marshal, Depu
ty Marshal, Sheriff or Constable, should do or
be suffered to do any act in derogation of the
orders of the General-in-Chief of the armies,
or of the Generals commanding Military Dis
tricts, The Supreme Court of the United
States has recently, ih a* well known case, so
construed it • own authority in refusing to in
terfere with the execution of the Acts of Con
gress for the military government of these
States.
11. In Jnue, T-Sfiti, after the peace proclama
tion, the Secretary of War, your illustrious
predecessor, approved ot my refusal to obey
the mandate of the United States Court for
South Carolina; and when, in consequence of
such refusal, the court, ordered my arrest, 1
was instructed to take into custody all the par
ties who plight engage In ll|;vt proceeding. It
did not become necessary to execute those in
structions. The executive communication now
mentioned is the only one ever received by the
undersigned on the subject ot his official rela
tion to the Courts of the United States in this
Militai v District.
I‘J. The reported remark of the learned and
distinguished Chief Justice, that “the military
authority does not extend in any respect to the
Courts of the United States,” was made before
the passage of the act of Congress ot July lit,
18117. Congress assembled and passed that de
claratory Act in consequence of certain opin
ions of the Attorney (tenera], the highest law
officer of the {jjoverniqeqt. And to prevent
similar embarrassments to the execution of
tiie Acts of Congress, it was, among other
things, enacted : “That no District Command
er or member of the Boards Os Registration,
or any of the officers or appointees acting un
der there, shall he nonnd in ids aelion by any
opinion of any civil officer of the United
States.” It would be difficult by legislative
provision to define within narrower limits the
prerogatives of civil authority in the Military
Districts.
i;s. Tiie modes of procedure of the Circuit
and District Courts of the United Slates, and
the aelion ot their ministerial officers in . the
execution of process, have hitherto, by the
laws of Congress and the rules of practice pre-
SiU'lha, • '>y M>« Supreme Court, conformed sub
stantially with the p’raijfioc and procedure ol
the courts of the State o& Territory in which
the Federal Courts are respectively held.
14. Congress having substituted military au
thority for that ol certain illegal governments
in these States, it cannot be doubted that a
Federal Court, sitting in this Military District,
having the poorer to modify its own rules, and
appreciating the true intent *nd meaning ol the
Acts of Congress aforesaid, you I<l find in the
exigency which suggested these provisions ol
General Order No. 10, relating to proceedings
cprtain civil actions, sufficient ground to
niovc the court to coijfonii to the regulations
prescribed in that order, and thereby preserve
the harmony hereiolore existing between the
Federal judiciary, the local courts and the mili
tary authority in the rel«d States.
lb. By the lipogqing reiapiiijiaiioii, it. will he
apparent that no issue exists between tin; mili
tary authorities iu this District and any of the
courts ot the United States therein; that no
court in this Military District, lias refused to
conform to the military regulations prescribed
for the government of the people thereof; that
the Marshal of North Carolina in so far as he
| claims exemption as a public officer, from mili
i tary control, does not appear to have the sanc
tion of the judicial 'tribunal of which lie is tiie
servant that the action of the Post Commander
at Wilmington has beei) confined to the tem
porary suspension of an execution foi the. col
lection ol a debt; that, the District Commander
holds the ease under consideration, on the ap
peal ol the Marshal from the action of the Coin
liianding officer of the Post; that, the Marshal,
having iieen requested to furnish the. informa
tion essential to further aetion, refused to give
it, and has proceeded, in accordance with in
sfruetjons received from the Attorney General
<jf the United States, to iju/orcc the execution
of the process of the Cffipf. ; that thereupon the
District Commander, having repealed ins order
to the Commanding Officer at Wilmington to
stay the Marshal’s proceedings until further
orders, reported (lie occurrence to the General
in-Chief of the army, b] whom the District
Commander has lieeu directed to follow the
course of action be Jiafi t,l|eivd-- indicated and
taken ; and now, in ohedanoe to the farther or
der of the Getieral-in-Chil' of the army, all the
proceedings in the east together with the
papers relating thereto, ire transmitted, with
the suggestions of the flajor General Com-
Ipaiujirig the District, fob the review and final
actjdii of the General-in-Jhief.
It lias been my dc.sirj nnd aim in tiie meas
ures provided for the giiernment of the Caro
lhias to devise and exeette them with as much
humanity, as mnch forluirauee, I will even say
with as much magnanimiy, as was co lsistent
with the proper diseliajgc of the duties pre
scribed for me by Congress. None of the
Pleasures I have adopter have ever, so far as 1
know, been disavowel by the Cjoyemment.—
With the War lJcpartubnt, in all' that has been
done in this Military Jjstriet, the records of
my office show the n*st perfect accord. No
thing has been done of which immediate and
full information has no, been given to tiie
proper authority. Noting has been done
Which has not alyays biej concealed as proper
ly subject to review, miikicaiiou or revocation
by competent autborfg Nothing of all that
has been done has profited official censure or
elicited official suggcslon requiring the modi
fication of my orders jand nothing which at
first may have scem« q jestiouable has failed
to receive official appival after a full explana
tion of the eircumstnces which led to the
measure. This statoneni, strictly true as mr
•is the existence of thu District is concerned
may be extended to til whole period of time
now somewhat proticted— during which I
have exercised commad in the Carolinas with
perhaps the single cX-ption of the followin'*
instance: In ISCO, wit a view to conform the
penal eode of the rcblterritory committed to
my command to thfifttates ot humanity as
well as to inevent tlifwliolesale disfranebiae
nient of loyalists, blac and white, attempted
by cerlain political miagers, I prohibited the
punishment of wluping as a penalty for of
fense. This order waisuspended by the Ex
ecutive, hut tip’ lay/-nfcing branch of the Gov
ernment subsequently!ilopted my prohibition
I have great satisfacon in reporting that the
present condition of Stirs in the Carolinas is
qr.p of peace and ordfl; of general security to
persons and prppertj of gradual restoration
iu material welfare ; j( increased comfort and
prosperous industry ;hd that the people of my
District have been liffi from that deep gloom,
distress, and 1 may wjl say despair, iu which I
met them when plaef herb in command. It
is because of this imptved condition of affairs,
that the execution ( the recent measures of
Congress, designed f lthc government of those
States, is proceeding | all respects most satis
factorily. iq
The people of the are at this mo
ment accomplishing be first ot the two great
tests which are presofad to them—registration
and election—withouLhc slightest show of vio
lence or turauß- A Jectaclp is daily presented
at the different presets, of men of different
castes, and of all * Clues, placing their names
on the registry of vi#*? without strife or dis-!
! order, that, toot o shff tjiue since would hav !
been eoneidcml m iiwlwng inevitable conflict j
! and bioqdshsd. AiUDf existing orders -aiui s
' refeujkl(tpi4.6 remain iWorce, there are no suffi- j
> eieut grounds to upfichend any serious iuter
* T. '
* ■
ruption of the tranquility, security and order
which have happily been maintained.
And this has been done as it could only have
been done, by the exercise of military authori
ty. The lessou to be taught was hard to learn ;
it could only be taught by military power. The
great problem is fast approaching its solntiou.
In a few short months or weeks the require
ments of Congress will have been met; the
votes will have been cast; the convention will
have met; its results announced ; and constitu
tions for these Suites will have been made in
pursuance ot the conditions imposed by Con
gress. Yet at no time more than the present
has the military authority of the Government
been more necessary to secure the peaceful con
summation of the great and patriotic work of
reconstruction. Aud yet at this very time an
issue is made which introduces wide spread
confusion as to the rightful character and the
lawful extent of military authority.
The work of reconstruction in the Carolines
lias all been done quietly, without violence,
wit bout the actual exercise of toree. It is
known the force is here, and will be used if
necessary. Nor can I hesitate in giving it to
you as my deliberate conviction, that if civil
agencies bad been employed in the work of re
construction, or had been allowed to control
the military iu the measures to be taken, they
would have failed ; and that failure would have
involved at some time a resort to military force
—not to preserve order, but to suppress vio
leuec ; aud the blood so shed would have cried
out to the people upon whose soil it had fallen.
And when I consider how wide a chasm has
been spanned ; how much of seemiugly hope
less task lias been achieved ; how little remains
to be done, to secure all that a dreadful war
was waged to ascomptish ; how near is the ap
proach to a returned Union ; ami when 1 realize
to myself, that all ol this is to be put to a great
peril ami hazard by measures which threaten to
impair the authority and lessen the means ol
those upon whom success or failure depend, 1
have only to express, iu the most respectful
inauiicr, my astonishment aud regret. That
done, and having perlormed the further duty of
presentiug fully in this report the facts aud
considerations bearing upon the important
question now at issue, I shall faithfully obey
any order you may give me.
Very respectfully, your obedient servant,
D. E. Sickles,
Major General Cotuinnuding.
General U. S. Grant, General-in-Chief Armies
of the United States, Washington.
(Prom the London Times, August ID.
Th 3 Salzburg Oonferenco.
English Opinion of Napoleon's Diplomacy —
The Position of Austria Towards Germany
aiul the East.
The Eiujicror Napoleon met the Emperor
Francis Joseph hist evening at Salzburg.
We have already expressed our unwilling
ness to attach serious political importance
to this interview ; but we feel how vain it
would lie to entertain tiny hope of calming
the apprehensions of persons determined to
look upon it as fraught with danger to the
peace of Europe. * * * Take
the incident as you Ixlll, the conjunction of
these two groat imperial luminaries must,
in the opinion of political astronomers,
harbor some great hidden meaning. Be the
circumstances what they may, they will be
construed into the confirmation of some
fears or otiier. Are the Emperors attended
by their State ministers and ambassadors V
Then the interview assumes all the conse
quences of a diplomatic conference. Or
are they meeting en famillc, simply with
their Empresses and some of the Princes of
the blood ? Then it is a tete-a-tete affair, the
laying together of two autocratic heads,
equally anxious to bo rid of witnesses and
advisers, bent upon plans that can bear no
light, and of which no official statesman
ship is tosharc the responsibility. And yet,
whatever may be thought of such mere
episodes as the Mexican expedition, there is
no doubt that human events obey general
laws beyond the control of Individual ca
price. What Is called a “ personal ruler”
can only achieve success by faithtully iu
tepreting and following those laws. C-tui
ning is not wisdom, nor is mystery policy.
The Emperor Napoleon has the reputation
of a consummate schemer, and he is sup
posed to lay great stress on the secrecy of
liis transactions. Os his dealings with
Favour at Plombieres, or with Bismarck
at Biarritz, not a little has been said ; but
it should be remembered that qt each of
memorable interviews only two per
sons wore present, neither of whom was
likely to tell tales, though either, perhaps,
would publish what best suited his own
purpose, using language, as diplomatists
are said to do, to “ misrepresent fact, and to
disguise thought.”
Os tlm real importance of those private
deliberations we are left to Judge by tin
events. Plombieres, we are told, led to
Solferino; Biarritz was followed by Ba
dowa. Post hoc, however, is not necessa
rily propter hoc. Solferino might, perhaps,
have occurred even if th«w> had been no
meeting at Plombieres; Sadowa was, pos
sibly, fought in spite of Biarritz. Revolu
tion in Italy and civil war iu Germany
were catastrophes to which clear-sighted
persons I tad been looking forward for years.
That France could hasten and retard, and
in any case influence their outbreak, was
quite certain ; but whether Plombieres and
Biarritz advanced the interests of Franco
or those of ltgly and Germany may yet lie
considered a problem. The supposition
now is that France is bent on recovering
the ground lost at Sadowa; that site is
jealous of Prussian aggrandizement and de
termined to break up German unity. Tift
unity was effected :;t Austria's expense;
and it Is presumed that Austria would will
ingly lend herself 1o any scheme which
promised her an indemnity for last year’s
losses. No one can say how far Franco
tipiy reckon on Austrian forgetfulness; but
the facts are that France, at the outbre k
of last year’s war, engaged to maintain
Austria’s position in Germany, and that,
after the war, so far as Austria herself was
concerned, Prussia had her way altogether.
The plea of France is that at JNfikoisburg
ami Prague she found herself unprepared
for war, and could only tender her good
offices; but the "points to be settled are,
fipsjt, whether France is mow much more
thoroughly armed than she was a twelve
month ago; secondly, whether she can
convince Austria of the sufficiency ol her
present forces and of her intention to turn
them to Austria’s advantage; and, finally,
whether, even upon satisfying Austria on
both of those subjects, she could still 'in
duce that Power to join her in an attempt
to reverse last year’s fortunes.
* * * The natural pride of the
Hapsburg and the jealousy of his Prime
Minister ought, it is supposed, to bring
them round to the tempter’s views ; but,
even admitting that ambition or revenge
woidd blind Francis Joseph and Von Beust
to the true interests of the Austrian em
pire, it should not be forgotten that Austria
is now a constitutional State, and that any
pledge of co-operation with France would
carry little-weight without the sanction of
the people. Now, in a war against Prussia
in conjunction .with France, the Austrian
Government could rely neither on its Ger
man subjects, to whom the contest would
seem fratricidal, nor on the Magyars, who
by their success in such a struggle would
only re-establish that ascendancy of the
German element in Austria which they have
lately overthrown. On the antipathy of
the Austrians and of other Southern Ger
mans to their Northern brethren it is idle
for a foreign power to rely. In the Luxem
burg affair, in the North Schleswig differ
ence, the Emperor Napoleon may have seen
hoiy the bare tliieaj, of French interference
was sufficient to heal up any German dis
sension. However much Austria may la
ment her exclusion from Germany, she
must be tvell aware that it is not through
France, and still less with France, that re
admission is to be obtained.
But if co-operation with France against
the North wquld he certain ruin to Austria,
wliat is there, it is asked, to prevent the
joint action of those two powers in the
East ? Austria’s tendencies have j>olnted
eastward from her remotest origin, aud in
the dissolution of the Ottoman empire
nothing would seem mote natural than' for
her to collect Its disjecta membra and place
herself at the head of a South Slavonic
State in opposition to the North Slavonic
empire of Russia. Austria’s obvious desti
nies doubtless place her in such antago
nism, but it is questionable whether iu any
collision with Russia it is to France that
Austria would turn for support. Alliance
with France would bring on hostility with
Prussia no less than with Russia, and in
such a double contest Austria might be
brought to the very verge of annihilation
before France had time to lift a linger for
her rescue. It is qnly iu tlpt uatqe qf Ger
many, ttnd as a vanguard of Germany, that
Austria has hitherto gained, or may ever
hope to gain, ground on the Lower Danube.
However irreconcilably Austria may have
quarelled with Germany, France can never |
hope to be to her what Germany lias been, j
riie most natural arid most necessary alii; J 1
ances have been broken up, and anything j 1
like a new combination has became impos
sible. If, then, the Emperor Napoleon has 1 <
any idea of inducing Austria to join him in
a breach of the peace, we believe, no less
than we hope, that his journey will be in
vain.
|From the NewFlemdenßlattof Vienna, Bcmi-oflicia
orisaii of Baron Von Bcubl, August 18.]
OPINION OF A COUNTERCHECK BY RUSSIA
AND GERMANY.
We think that there is no need of a Russo-
Prupsian alliance to incite an accord be
tween France ami Austria. The cause of
that accord is of a date more recent; it
dates from the treaty of Prague, which, it
is true, is a mere convention concluded be
tween Austria and Prussia, but the tenor of
which is of an importance eminently Euro
pean. The peace of Prague has created in
the very centre of Europe a power unkown
there since the great emperors of Germany.
It is true that, till now, it has been contend
ed that it great and powerful state in the
middle of Europe was necessary to maintain
peace on the continent; but, in that case, it
would be desirable that such a state should
be animated with pacific ideas. Such an event
would have occurred had Germany succeed
ed in recovering her ancient, grandeur ; for
Germany is an empire of civilization and
progress—an empire of peace. Instead of a
united Germany, there rose a great and
powerful Prussia, which lias thus become a
new danger for the peace of Europe. It is
it fact that the Hohenzollerns must lie logi
cally aggressive, because a pause from
Prussia would amount to a backward step.
After Frederick 'the Great that pause
brought on Jeua; the pause of the Holy
Alliance brought on Olrnutz. Prussia must
be active—in other words, she must aim at
conquests aiul never cease to disquiet Eu
rope. Unfortunately, close to her are nu
merous morsels such as to excite her appe
tite. Germany is at the present time under
the yoke of Prussia; militarily speaking,
Prussia is a great Power. It is of para
mount necessity to circumscribe that Power,
and the end must be reached by means ol
the treaty of Prague. What Prussia took
from the Austrians at Koniggratz, and what
France had granted to her previously, has
been in Germany limited by the Maine.—
But what neither France nor Austria did
ever acquiesce in is that Prussia should
plant her foot in Southern Germany.—
Already she lias twice tried to do so.—
Firstly, by ’tier treaties of offensive and de
fensive alliances; secondly, by theZollvercin
convention. Austria could, with reason,
find in these a violation of the treaty of
Prague, because, in both circumstances,
Prussia used her preponderance and com
pelled the southern States to accept her
proposals.
But enough of concessions. As soon as
Prussia puts forward for the third time exi
gencies that would destroy the independ
ence of the Southern States of Germany,
Austria aud France ought to oppose Prus
sia. To-day they openly ask in Prussia why
France should interfere with the treaty of
Prague? Such a question is sheer nonsense,
and it is also a denegation of the truth, both
preconcerted and bold. Let us ignore that
at Nikolsburg M. Bencdctti was always be
tween Count Bismarck and Count Mens
dorlF. But would it not be a shameful thing
to forget that France, by her attitude, great
ly helped Prussia to go on with the war of
18GGV Has not the Prussian Prime Minis
ter been at Biarritz ? Did he not offer Lux
emburg to France as the price of her benev
olent neutrality ? Had not France shown
herself disposed to such an arrangement—
had she informed Italy that she was op
posed to her conquering Venctia through
Prussia—had France placed a corps of ob
servation at Lille or at Besancon—would
Prussia have been able, even with her noo
dle guns and her intellectual strength, which
we gladly admit, to send a single man to
the frontiers of Bohemia ? The airierepen
see of a Prusso-Russtan alliance had not yet
dawned at that time. Russia was not ready,
and the pacification of Poland—we mean
her crushing—was not in the advanced state
that it is now. And also, the Prussian army
did not possess then that assurance and that
confidence in its own strength that it enter
tains now. Prussia would have deem* <1
herself happy if she had been able to acquire
the Elbe Duchies for a portion of the county
of Glatz, and for a large sum of money.—
The sovereigns of llanover, of Hesse, and
ol Nassau would sit still on their thrones.
It is France which has accomplished the
greatness of Prussia. And the Emperor
Napoleon should not be entitled to interfere
with what is going on in Germany! Is it,
perhaps, because he did not paraph any
pact with Count Bismarck at Biarritz ?
No. We can reckon on the association m
the principal Prussian organs, if we recog
nize the right of France to interfere in what
is going on bn her frontiers. We are edified
enough about that continual bavardage of
inimity from France to Germany. It was
the same in old times; but we do not know
yet t o-day if we must prefer Prussian hege
mony tq the Emperor Napoleon’s protection
upon the Rhenish Confederation. But one
thing is certain —Austria ami France, the
most interested neighbors, are compelled to
keep a careful watch, since not Germany,
but Prussia, has acquired so much power
In the centre of Europe. A wider develop
ment of Prussia would give them the right
to oppose that country in common This
would not be an itUiquoe against Germany,
bqt mm against Prussia. .
TriE LANSINGRUKG THAfIEnY. Troy, N.
Aur/u5130.-~Aa briefly stilted last night, n mail
1 auswering to the name of John Henry, at one
i time, and Joint Henry Wager at others, was
taken into custody by Sergeant King. He is
said to lie a son of Mr. Wager, but this is not
believed, lie freely confessed that lie was the
companion of Miss Hubbard in the carriage, at
the time of her death in Lansingburg, and that
he alone was instrumental in her violent ejec
tion into tlie street. Thus it would seem that
one of the Inhuman principals in litis deed of
blood has been secured to answer for his great
crime.
Mrs. Pamela Wager, who fled front Troy on
the discovery of her alleged connection with
the crime, was brought to this city, from the
home of her brother at Kindcrhook, Columbia
county, this noon, by chief detective Hurlburt
and Sergeant King. Upon her arrival at the
jail, and delivery to sheriff Cornell, she ap
peared to exhibit a vast deal of contrition, and
finally went off in a swoon, after a considera
ble and prolonged scene. She has been placed
in the same cell wherein Henrietta Robinson,
the famed veiled murderess, resided previous
to her conviction and life sentence at Sing
Sing. At this writing Mrs. W tger exhibits
more composure, and before morning will pro
bably be calm enough to set about extricating
hcrseli from her most unpleasant durance.
The funeral ot the unfortunate victim of this
appalling tragedy took place at Lansingburg
this forenoon, and was largely attended.—
Hundreds of women, belonging to all classes,
turned out to witness the transit along the
streets of the melancholy cortege. Tho re
mains of the dead were exposed to view, and
rarely has a more brilliant corpse been looked
upon. The eyes were open and intelligent,
while a benignaut smile seemed to play around
her mouth, which added to the well nigli an
gelic features, presented a most mournful and
touching scene. The intonations of the clergy
were impressively soleruu, and iff! tho sur
roundings of tho last tjad r ites wore sad indeed.
The girl’s afflicted mother was absolutely
’ stricken down with grief.
Musical and Theatrical.— Hartz’s bag
gage was burnt on the Grand Trunk road, and
he sues for $15,00(1. I(is must have been a
grand trunk too.
Belle Boyd is at Baltimore, en route to St.
Louis, where she is going to play an engage
ment at the Opera House.
Miss Faunie Stockton, the favorite soprano,
made her first appearance this season at Irving
Hall, at a concert, on Saturday last. In the
cavatina, Convien' partir\ by Donixetti, the fair
artist, showed no decline of voice, but sang like
an artiste; and in a duet with J. It. Thomas
she won the most flattering recognition from
her hearers.
A Paris paper says : The reprise of the Tour
de landres will barely fill the Gaiete during tho
paulo post futurum dog days, Wo are weary of
those beefeaters who like Harry, the Eighth,
and of those four towers of Julius, London’s
lasting shame, with many a crime and midnight
murder fed. The Italian Opera will bo opened
within three weeks. Mile. Patti passed through
Paris August It front that most detestable ol ail
French seasides, Dauvillo, where she wisely
remained not a moment alter she had sung at
her eoneert. She will open the ball in Septem
ber. Gardoni will be her attendant, but he will
be replaced later iu the season by Mongini, a
tenor of high repute. Tibcriui, with ids wife,
Mrre. Senora Ortolani Tiberinl, will play Ma
thilda de Shabran, and Mile. Qrossi will play
Bellini’s Romeo, to let M. Gounod show the
world that iffarsyas cau sometimes excel Apollo,
even on his own grongd,
The First Bale of Sea Island Cotton.—
The first specimen of the new Sea Island crop
made its appearance in Charleston yesterday j
afternoon, says the Mercury, of Friday, from
the plantation of Messrs. Patton & Weldon, !
Christ Church Parish. If. was consigned to '
Messrs. J. H. Baggett & Co., but had not been
disposed ot up to the close of business.
BY TELEGRAPH.
ASSOCIATED PRESS DISPATCHES.
Democratic Victory
in
California.
[Special Dispatch to the Constitutionalist.
Austin, Nevada, September 5, I s, *~
Editor Constitutionalist: ,
Haight (Democrat) has bee.i elected Govcrn
or ill' California, and the elinnccs are ol a Dem
ocratle Legislature.
| Signed | " r . F. Leon.
From Wash i u#ton.
IV'ahiiington, September <>.
The President lias recognized Alex nder Bel
laigue de Be-mUas French* Cons".l at Charles
ton ; Baron Albert de Vaux at Richmond, and
J. A. Quinturro Belgian Consul at New Or
leans.
A clerical error of $13,500,000 in debt
went discovered in favor of the Government,
which leaves the debt outstanding, less cash in
Treasury, $3,505,000,000.
Grant was not at the Cabinet meeting to-day,
which continued over two hours.
Gen. Denver has received the following:
San Francisco, September s.—California
sends greeting to all Conservative citizens at
the East, having elected Henry 11. Haight Gov
ernor by many thousand majority. Following
the lootsteps of Connecticut, and improving on
her example. The Legislature is Democratic ;
two Congressmen, it is believed, are elected.—
Signed by the Chairman, Secretary and Treasu
rer of the Democratic State Central Committee.
Another private dispatch indicates the elec
tion ol thtce Democratic Congressmen.
Rcvcuue, $158,000.
Foreign,
IUV CARLE.)
Berlin, September 0.
Negotiations are progressing for the estab
lishment of a postal treaty between Prussia and
the United States similar to that with Eng
land.
The Grand Duke Frederick William favors
the union of Baden with the North German
States.
Madrid, September 0.
It lias been ordered that vessels from all
United Slates ports be strictly quarantined.
Paris, Spptctnber 0.
It is stated that De L’Huys will soou re-enter
the Cabinet.
London, September 0.
Recent dispatches discredit the release of the
Abyssinian prisoners. Preparations for the
expedition for their release are continued.
Cable Summary.
New York, September ti.
The action of the Prussian Senate indicates
the acceptance of assurances that the Salzburg
conference indicates peace.
The North German Parliament is largely
Liberal.
The French horse, Buy Bias, won the gold
medal at, Illcnhcim.
The Government of Denmark officially de
nies the sale of the West India Islands.
From Raleigh.
Rai.eigii, N. C., September (i.
The convention adopted and endorsed the
platform ol the Convention of the 37th of
March,and left confiscation action to Congress.
There was more speaking, and harmony pre
vailed. Resolutions requesting the district
commander to order the suspension of the col
lection ol half the taxes due the Slate and
county and asking an early election and call of
the Constitutional Convention, were adopted.
♦The Convention will probably adjourn and
go home to-night at a late hour.
Marine Disaster.
Key West, September 5.
The steamship George Cromwell, from New
Orleans for New York, broke a shaft on stern
bearings. The water washed in passengers’
baggage; two hundred and seventy bales of
cotton saved, rest of the freight was wet. Capl.
Howard hopes to save the vessel.
From Mobile.
Mobile, September C.
Two eases oT yellow fever were sent to the
hospital to-day from the schooner Dawn, lately
from Tampico. No cases originating in the
city reported.
Prom California.
San Francisco, September 5.
Haight is elected Governor, Axlel to Con
gress in tlie First District, and there is nearly a
solid Democratic Legislature. The delegation
from San Francisco anil Sacramento is elected
This prevents the re-election of Senator Con
ness.
From Texas.
Galveston, September 5.
The fever is somewhat almting. Deaths yes
terday 17. General Grillln’s only child is dead.
Dr. Rowe, late Medical Director, is dead.—
Lieutenant Garretson, District Quartermaster,
is taken. There is one stall officer on duty.
Markets.
FOREIGN AND DOMESTIC.
London, September H—Noon.
The specie in the Hank of England, for the
first time in fiffeen years, exceeds the circula
tion. Consols, 94%. Bonds, 73%.
Liverpool, September 6—Noon.
Cotton became dull last evening; uplands
declined %d, and opens quiet this morning at
lOd for uplands; Orleans, Kill'd ; sales, 10,000
bales; sales of the week, 70,000 bales, whereof
18,000 were for export and 2,000 bales on spec
ulation ; stock, 780,000 bales, whereof 302,000
bales were American. Brcadstufls and pro
visions quiet and unchanged.
New York, September o—Noon.
Stocks dull and steady. Sterling, 9%@10.
Gold, 42%. ’O3 coupons, 14%.
New York, September 6—P. M.
Stocks dull. Gold, 142%. ’G2 coupons, 14%.
New York, September 6—Noon.
Flour unsettled and droopiug. Wheat very
firm. Corn firm. Kye drooping. Oats firm.
Pork firmer, $24 25., Lard quiet. Whisky stea
dy. Cotton quiet at 27. Turpentine, 58%@
59.
New York, September 6—P. M.
Cotton easier; sales, 1,000 bales at 26. Flour
irregular; State, $6 70010 85; Southern,
?9 30. Weal firm. Corn unchanged. Oats
firmer; Southern, 57@68. Provisions firm.—
Mess pork, $34 35. Groceries quiet and dull,
freights heavy.
Baltimore, September 6.
Coffee quiet. Cotton easier; quotations un
changed. Flour unchanged. Wheat stondy.—
White corn dull at $1 1001 13. Oats, 58003.
Kye, $1 30@1 40. Bacon still advancing;
stock light; shoulders, 14%0t4%. Bulk
meats very firm. Mess Pork, lard and whisky
unchanged.
Wilmington, September 6.
Spirits turpentine quiet at 53- liosiu quiet
at $3 0006 50.
Mobile, September 6.
Cotton —demand light; sales, 75 bales ; low
middling, nominally 21@21%; receipts, 333
bales ; receipts of the week were 983 bales ; ex
ports, 348 bales; stock, 4,4-18 bales.
New Orleans, September 0.
Cotton dull and lower ; sales, 150 bales ; low
middling, 23%024%; receipts for the week,
1,023 ; exports lor the week, 479 ; stock, 15,890.
Flour dull and unchanged ; superfine, *8 000
8 25. Corn—demand limited, prices barely sus
tained; mixed, $1 20 ; white, $1 25. Oats dull
aud unchanged. Mess Pork higher; holders
ask $37 00. Bacon—the market’nearly bare ;
demand good, with active jobbing trade; shoul
ders, 15@15%; clear sides, 19%@19%. Sugar
cured hams, 22%@23%. Lard quiet and
steady and firm—tierces 14014%. Freights
quiet—little offering. Cotton—steam, New
York, lc.; sail to Liverpool, % Denny. Gold,
141%0142; sterling, 54056; York sight, %
premium.
Savannah, September 6.
Cotton easier; sales, 194 bales; middling, ■
24024%; receipts, 27 bales.
Weather hot, with continued showers.
Charleston, September 6. j
Cotton quiet aud unchanged ; sales, 83 bales; i
middling, 24%; receipts, 127 bales. '
Augusta Market.
Office Daily Constitutionalist, /
Friday, September 6--P. M. S .
FINANCIAL
GOLD advanced. Buying at 141 and selling at 143,
SlLVEß—Buying at 181 and gelling at 136.
Georgia Railroad Stock, in quantities, at 80)4.
OOTTOJL— Market quiet. Sales of the day foot up
48 hales, as follows: 17 at 22)6, lat 23, sat 23X, anil
26 bales 23)6 cents. Receipts, 63 hales. M idoling, 23
cents.
WHEAT-Ited, $1 50@2 00; White, $1 75@2 20
CORN—SI 20@1 38.
BACON—Shoulders, 15g@16; B. B. sides, 17X@18, .
C. B. sides, I8@18)6 ; C. sides, 19@19X i Hams, 20®
23 cents.
River Nkws.—No arrivals. Hard Times expected,
to arrive this evening. .Lilia St. Clair loft to-day. .
River, 4)6 feet at the bridge.
[Special Dispatch to the Washington Star.
Tlie Jones-McOoole Fight.
Hamilton, Ohio, August 81.—'The prize light
I between Aaron Jones and Mike McCoolc took
' place to-day, in a grove adjacent to the milway,
some 36 miles from Cincinnati, on the line of
S the Hamilton and Dayton railroad. There were
> nearly three thousand persons present. The
1 fight commenced 17 minutes to 11, and was
ended at 17 minutes after 11 —McCoole the
i winner. McCoolc had the first blood aud first
knockdown, and won in 34 rounds, knocking
Jones out of time on the last round by a heavy
a blow on the forehead. Neither of the men arc
,t badly punished.
’- Both principals had been in active training,
g and closely watched and assisted by very com
i) potent trainers lor some time past. Jones had .
; much improved of late in the important matter
-of work for wind. He exercised every day in
- such a manner as to accustom his lungs to the
:. vital point of free action under the terrible
!- strain of half-minute time. This fact alone in- •>
creased the confidence ol his hackers and friends
a hundred fold. In St. Louis McCoole seemed
to be more liberally relied upon than elsewhere.
In other words, more money was risked upon
him there than in any otiier city save New York
—and more than in that city, if the proportion
be taken into consideration. It is a fact, that
in one bet recently made there, a well-known
horse dealer did lay down SI,OOO on McCoole
against SOOO on Jones, staked by a sporting
man formerly of Cincinnati. In New York
. city hundreds of thousands of dollars in •
tlie aggregate were placed in the hands of stake
holders, to go as tlie battle-money should go.
It is rather singular, but nevertheless true,
’ that all over tlie country the most experienced
1 men of the ring were expressing confidence in
Jouu’s ability to win the light. Many of them
were betting heavily that they were right in this
idea. McCoole had many advantages in supe
rior size and strength. He is a giant whose
blows may be compared to the kick of a horse.
But he is a riglit-iianded giant, who drops his
. arms and shuts his eyes when even a Davis hits
him fair between the “ peepers.” Jones is a
powerful man, who can lasi long, who can
strike a terrible blow with left or right, who
, can stop a blow handsomely, and get out of the
; way occasionally. The outside preparations
for the “ mill” were in the hands of two Ciu
cinnalians, one for each lighter. Telegraph
wires were put up to the place of the fight.
Preliminary (o the fight Mr. Clark, of St.
Louis, announced that on behalf of Elliot, of
Cleveland, lie was authorized to challenge the
winner of this fight for one thousand dollars.
1 Barney Aaron, the conqueror of Collyer, was t
■ an interested spectator of the light. The
seconds of McCoolc were Denny O’Brien and
Sherman Thurston. Those of Jones were
James Cusick and Jerry Donovan. Rufus
I Hunt, of New Orleans, was made referee aud
Dad Ryan and Jack Limey, of St. Louis, um
pires.
Jones entered the ring at 10:15, a. ru. and
McCoolc at 10:30. Jones won the choice of
corners. When stripped the proportions of
McCoole showed much the most formidable.
.Tone’s hands and face were stained with alum
juice to harden the flesh, after the manner in
which Collyer was colored when lie tonght Bu--
ncy Aaron. The Western men seemed to sus
pect that this was some substance on Jones’
hands designed to poison McCoole when a
blow was given, and Jones was required to
suck bis bands to show that the coloring mat
ter was not poisonous.
Prior to the first round, McCoole bantered
Jones with a bet ol SI,OOO, which he promptly
accepted. Jones then cllercd a bet of SIOO t at
he would give the first knock down, which ofter
was accepted. The confidence felt in Jones by
his backers was greatly misplaced, as he • vi
deritly had not a ghost of a chance by the -sde
ol his powerful antagonist. He once or tw ice
iried the drop game, so successfully practiced
by Barney Aarou, but was sharply hissed for
so doing.
Jones was knocked down almost every round,
■ and In the last one was severely cut over the
left eye.
The fight was for the heavy weight champion
ship of (lie country and $3,000. ftlcl ,'oolc gained
the championship previously, having won the
belt from Davis, in a fight near St. Louis, iast
year. He is au Irishman by birth, thirty y< are
of age, and keeper of a saloon in St. Louis. He
lias fought five baltles previous to this. Jones
is and Englishman, thirty-five years of age, and
. has been a tighter front his you.h. He had two
contests with the noted Tom Sayers, and was
Hcenan’s trainer for tlie Morrissey light.
The Emperor Napoleon i.-, a versatile mon
arch. it is now reported that among his other
acquirements lie lias some pretonsious to culi
nary ability, and lias invented a new and rapid
manner of making soup. During his recent
visit to the military camp at Chalons he invited
the general officer* to dine with him. As soon
as dinner was announced the Emperor said:
“Messieurs, we are now going to make the
soup.” A servant handed his majesty a bottle,
with which he proceeded to the kitchen. The
contents ol the hoiilc, which seems lo have
been a preparation of meat essence, was poured
by tlie Emperor into a large saucepan of boil
ing water, and instantly made soup for sixty
persons.
The Lager-deer Brewers.— The German
lager-beer brewers, who are represented by an
association composed of the principal brewers
of this city and vicinity, held a meeting at
Kuntz’s brewery, in Essex street, to take meas
ures to Gleet a reorganization with a view of
protecting themselves against Ihe practices of
a certain class of Internal Revenue officers, and
lo proceed against these persons in cases where
they have abused their power, which, it is al
leged, has frequently been done in cases affect
ing injuriously the lager-beer manufacturing
business. A counsel bus been engaged to rep
resent the association in the courts, and a com
mittee was appointed to prepare a new consti
tution and a plan of operation. Funds are be
ing raised U> defray the expenses ol this move
ment, aud the contributors have been divided
into three classes, according to their taxation.
The German Brewers’ Association is at present:
composed of about fifty members, and twenty
live more, it is stated, will join it.
[ Yetc York Times.
The celebrated Francis Deak, who is the rea l
Kiugof Hungary, is so poor that, during the
session of the Hungarian Diet a! Peslli lie has
to content himself with two cheap rooms on
the fourth Uoor of the principal hotel in that
city.
J. a. Kirby, late telegrapher and agent of the
Union Pacific Railroad at Topeka, Kansas, com
mitted suicide at Amerieus, Kansas, a few days
since. It is reported that he is a defaulter to
the company in the sum of $5,000.
Mr. Jewelt, son of Judge Jewett, of Ohio,
agent of tho railroad company at Junction City
■also disappeared in a mysterious manner. ‘
Masonic.—The corucr-stoue of a Masonic
Hall was laid in Columbia on the sth inst. The
Phoenix says of the plau :
The building is 30 feet front, running hack
04 feet. The first lioor contains a spacious en
gine house, with 13 feet clear of ceiling. Sec
oud floor, hall lor tlie Independent Fire En
gine Company, 37 by 45,15 feet ceiling ; tlie
hall entered through an ante-room. Third
floor—exclusively occupied by the Masonic
fraternity—is reached by convenient stairs,
through tho lower stories. The Masonic llali
is 37-8 by 45, with handsomely colored ceiling
of feet clear. The hall can be entered
from the two ante-rooms, each o: which is 13
by 16. Each organization has Us private and
separate entrance. The front is to be rough
casted aud paiuted; the windows have neat
dressings and ornamented caps. The main
cornice is a vory handsome one, and the build
ing will be some 55 feet high, from tlie grouud
to the cornice.
Tub Golden Stationery Packages.—These
packages coulaiu ton sheets of note paper, ten
sheets of Billet paper, ten butt envelopes, ten
white uotc envelopes, one rubber head lead
pencil, throe flue steel [ions, and a handsome
gill of gold plated, ivory or pearl jewelry. The
price of the whole is ouly 50 cents. They are
for sale by P. Quinu, news dealer, next door to
the Constitutionalist.
New Cotton.— The first full load of new
cotton was received in the city Friday, by
Messrs. Linton & Doughty. It is from the
plantation of Paul F. Hammond, Esq., of
Beeeli Island, and will Gass strictly good mid
dling.
The Christian Messenger.— \Ve have
ceived tho number for this week aud are plea ~[
to note several interesting communications of
more than ordinary merit. .