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and empowered within their counties respectively, to appoint in writing under their hands" &c suitable persons to executed all such warrants or process as may be issued by them in the lawful performance of their duty.

   The 3rd Sect. of the Act clearly shows that the power to execute this law and the act of March 3rd 1863, was conferred upon the Dist and Circuit Courts of the U.S. and in conformity with the laws of the U.S. as far as applicable-and when not applicable by the Statutes of the States, or common law, in force, when offences might be committed.

   Prior to the cessation of hostilities, and up to the Proclamation of the President declaring that peace was restored the military might make arrests of citizens without legal process, under orders from the Comdr in Chief.  But since the proclamation, it is respectfully suggested no such authority exists, and in the particular cases in question, it is submitted that Capt Manning could have no authority for his action not contained in the  Acts of '63 and '66, above referred to, and in acting under these acts, his action must conform