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The Newberry herald. (Newberry, S.C.) 1865-1884, March 28, 1866, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84026909/1866-03-28/ed-1/seq-1/

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TlMS-$1,50 FOR SIXb t 0 0 of ff0 E ro R. H.
MONTHS, IN ADVANCE. -
VOLUME LII. NEWBERRY, S. C., WEINESDAY, MARCH 28, 1866. NUMBER 8.
THE HERALD
IS PUBLISHED EVERY WEDNESDAY,
A t Newberry C. H.,
MyH . F. a& R.KGMEEER
EDIToRS AND PROPRIETORS.
TERXS, $1,50 FOR SIX MONTHS, EITHER
IN TURRENCY OR IN PROVISIONS.
_Paymeut required invariably in advance.)
A6etiementalnserted at $1,50 per square, for
rmt insertion, $1 for each subsequent insertion.
- Kmrriage notices, Funeral invitations, Obituaries,
nd Communications of personal interest charged
" advertisements.
Jdge A idrIeh's Address to the
Grand Jury.
fAR&exen of the Grand Jury:
'ARt1e toil and suffering of four years'
tIes war-after the devastation and al
imost atter ruin that rour beloved State has
adergoe--after our frank acknowledgment
*~tI[g and defeat. and the gencral and
-tuthful acceptation of the condition in which
tbe result of the war has placed us, I hoped
snd believed that a generous enemy would
Et.nly permit us to solve the great problem.
pation, and to commence the great
t174"ieving our lost and ruined for
lts but that they would liberally extend
~ibr id and sympathy. I believed
because the strong are generally gene
beiiane the war was waged to pre
*ff. the~ Union: because of the ancient
lenories, glories and triumphs of the Repub
Ile: beiuse of the feelings and associations
'whicb not even the war had destroyed: be
v o our coustancy and sincerity had been
piedOPn every battle field: and because, in
rWor ihat sincerity, nealy every family
U the-14Wt. is clad in the habiliments of
~agning With these feelings and senti
:aopeopie hailed gladly the proclama
V.ithe Preddent, and heard with joy his
dediration that "It becomes 6ccessary and
totarry out and enfarce the abligati,ins
Uthe. United States to the people of South
4 rthiia, in securing them in the enjoyment of
*repiicaa ftrm of government," and immme
~digy,.n4er tie proclam-ition of Provisional
*eGtsnor Perry, went into Convention, alter
"iAi 'Aneuded'their Constitution.ar d passed
Sidinances ax they were led to believe
1 "quicky restore them to their-rights in
the Uiot as A people, and to their position
e .ae. Our Judges were required to open
-t Cwerts--our Legislature was invited to
-init laws suitable to the altered condition of
- -ity--aniaf classes urged to commence
h*workof recuperation and reconstruction.
-Mg-we commenced the revolution in good
so we accpted our failure and defeat in
a1tith, and have earnestly, truthfully and
uauflDy come up to all the requiremnts of
*4~t'a*Morl. Rut what is thle spectacle
to byf -tarti*t law prevails, and even the
u~~adguentsand sentences of the Courts
SI ioterfered writh and prevented witbout
-~'~1~M~rt?bea eircumstar.ces, it is now my
anMOduty to bring to your notice a conflict
sagority between the civil authorities of
'-' SMte, and the military authorities of the
-tetd States, which has lately occurred in
Magi2~estons and which, in my opinion, makes
ioenly useless, but humiliating for the
-J!dges to attempt the administration of jus
*;s. t that Court some persons were tried
enconvicted of~ larceny arnd receiving stolen
,' p. The punishment provided by the law
-'1'these crimes is whipping and imprison
-n elat. At the close of the Court the pris
rawere brought up for sentence, and I
~posd; -the punishment prescribed. The
east morning these sentences were published
-a the datily newspapers of the city. That
- gw~aJfomed-by the Deputy Sheriff,
* sent to the -Ceutt House to re
~ra immetsliate attendanee before Gen.
Seemett, the oeficer in command of the Dis
bkt: tJpon 'being informed that I had ad
Joenedte Court he retired, and innhour
- arstwo retrd still not finding me at the
(Court House he was directed to my lodgings.
After waiting there some time to see me, I
being out, be was questioned agamn by the
D)epoty Sheriff, who informed him that it was
not probable 1 would return again before
sight, and who proposed to the soldier to
leave the paper which he had for me with
him and he would hand it to me on my re
turn. The soldier replied that he had no
apror leter for me. The next morning
the an called again and was shown to my
roem. He produced the following paper
which gras addressed to Judge Aldrich.
- "Hn'es, Paavos-r MARSALsu OmFcE,
Military District of Charleston,
Charleston, S. C., Feb. 16, 18661.
Hon. - Aldrich, Charleston, S. C.
The Bv't Brig. Gen. Commanding directs
met present his ':ompliments and desires to
see you at his office immediately.
Very Respectfully,
FRANK GEISE,
1st Lieut. N. Y. V. V.,
Provost Marshal"
To which I returned the following reply:
" Mis. Gmims, Charleston, Broad-st.,
16 February, 1866.
Si, I have just received your note inform
ing me that the Br'vt Brig. GenI. Comnmnd
ing desires to see me at his offieimmediately.
j recfully inform you, that if I had any
business with the General I would promptly
call upon him for its transaction. But as I
a- n.t aware. of any mnaer_ either publie or
private which demands my presence, I beg
leave respectfully to decline to answer your
summons. If the Gen. has any business with
me, it will give me great pleasure to receive
him at my place of residence, while in the
city, Mrs. Gidiere's Broad-st.
Respcajully, your obd't sei.,
A. P. ALDRICH."
Lieut. Geise.
The ntxt morning Lieut. Geise called on
me, and was shown to my room. He iriform
ed me that he had received my reply to his
note of yesterday, and that he was directed
I by Gen. Bennett to call on me in person, say
that he was very much engaged in his office,
expected to leave town, present his compli
ments, and respectfully ask me to come to his
I office, as he wished to see me on public busi
ness of the nature of which he was- not in
formed. I asked him what hour the General
had appointed to see me? He replied imme
diately. I then said, I have no alternative. I
am ready to go now. To which Mr. Geise
politely answered, "Judge, consult your own
convenience." I rejoined, as my presence is
required, one hour will suit me as well as an
other. The Lieut. conducted me to the head
quarters, the residence of the late Judge King,
on the corner of Meeting and George streets.
I was presented by him to Gen. Bennett, who
received me politely and said, that he had
seen my reply to Lieut. Geise, the Provost
Marshal, which he considered disrespectful.
I answered I am sorry you so regard it, Gen.,
as I intended it to be entirely respectful. He
said, '1 think it rather curt.' I then remark
e, that the office of a Judge of the Superior
Courts of South Carolina had always been
I considered a position of great dignity and re
sponsibility, that those who had preceded me
had maintained the dignity of the station, and
that I was not inclined to depart from their
example. I added if I had been in Charles
ton on my private affairs, and he had sent a
private soldier to request my attendance at
his office, or directed his Provost Marshal, a
Lieut., to write me a note making the same
request, I would have had no hesitation in
complying. But that I was in Charleston in
my official capacity, and in the actual dis
charge of my duties. That I thought some
thing was due to the dignity of my office,
and that he might at least have addressed a
note to me under his own hand. I further
said, that not only here, but I believe through
out -.he United States, a Judge of a So
perior Court was con.idered as the equal in
rank of a Brevet Brigadier General. He then
aked n,e if I did not recognize the authority
of the United States Governine, t in the State ?
I replied that I did, that I was forced to do so.
He then said I represent the Gorernment,and
alhough it would have given e pleasue to
call upon you, I yet think your reply might
hive -beer. less curt. I answered that I was
not making a question of rank, but simply
bringing to his view what was due to my of
ficial station, that my reply was to a note of a
Lieutenant, acting as Provost ~Iarshal, and
not to him, and that I represented the Judi
cial Department of the State.
Hie then drew my attention to a report of
the sentences passed by me in the Couit of
Sessions; which had been published in the
Daily News, and asked me if the report was
mcor ret Adding, these reporters sometimes
make reatblunders and we are led into error.
I replied, the sentences are correctly reported.
He said, I supposed so, as I sent the Provost
Marshall to~the Clerk's Office to examine the
Record's and be so reported. He then said,
I am requested by Gen. Sickles to request you
to revoke these sentences, as they are in vio
lation of his Orders, and not consistent with
the advance of civilization and the humanity
of the age. I replied, that I bad never seen
Gen. Sickles' order, but that if I had it would
hare made no difference, and that I could not
revoke the sentences; that the punishment of
whipping was provided by the lair, that as
the presiding Judge I could not dispense
with it, my only discretion being the number
of stripes to be inflicted, and the letmgth of
time to be imprisoned. He then handed me
Gen. Sickes' order No. 1, of the 1st January,
1866, and called my attention to- paragraph
xviii. "Corporeal punishment shall not be
inficted upon any person other than a minor,
and then only by the parent, guardian or
teacher, or one to whom said minor is lawfully
bound by indenture ?f apprenticeship." I
answered that I had hen~rd of the order, but
that I supposed, and I believed it was the
general opinion, that it applhed only to ne
groes, and that the persons sentenced by the
Court were white pogple, who had .violated
the law of the State. He said the order was
general in its application.
I then explained to him the division of our
State Courts into Law, Equity, Court of Ap
peals, and Court of Errors, that each of these
Courts had its exclusive jurisdiction; and .that
all of the Judges were~ of equal rank and dig
nity. -He asked if the Chief Justice was in
town, and if be was not of saperior rank ? I
replied that the Chief Justice was in the city,
but t.hathe was not of superior rank to the other
Judges, that he presided in the Court of A p
peals, which is a separate Court, and in the
Court of Errors, which is composed of all the
Judg.s, and that in that Court eachWJudge
had the same rank, dignity and authority
that the Chief Justice possessed. He thein
asked if there was no way of revoking the
,c:txics Smein, it will be very unDICas
ant, Judge, to break up that Court of your,s
at the Court House. I answered that it would
not only be unpleasant but very unfortunate,
as the Courts bad been re-opened, and civil
law restored by the invitatian of the Govern
ment and the Military Authorities I ,aid
further, there i. but one way in which the
whipping can be avoideO, anf that is by ap
plying to Gov. Orr to exercise his Constitu
tional power and grant a pardon. I added, it
may also be avoided by your taking the pris
oners out of the custody of the Sheriff. He
then said, I understahd you to decline to re
voke the sentences. I replied yes, I have no
power to do so, the prisoners are beyond my
reach, and I have adjourned the Court. He
then terminated the interview by saying, that
the conversation would be reported to Gen.
Sickles, and that I might hear from him in
the course of the day, he also said there would
be no restraint placed on my movements, in
reply to an answer which I made as to leaving
the city.
This is the substance of the conversation
which I had with Gen. Bennett, and it is also
proper to mention, that his manner and that
of Lieut. Geise was respectful, polite and
courteous. I heard nothing from him either 1
that day or the next. Monday, Mr. Carew,
the Sheriff, and myself, had a consultation,
and we agreed that the most respectful and
judicious course to be pursued, to test the
question of authority and terminate the con
flict of jurisdiction, was for him as Sheriff, to
give notice to the United States officer in
command of the jail, that he would proceed to
executl the sentence of the Court, the next
day at 11 o'clock. He informs me that lie
wrote a note to that effect and proceeded to
the jail the next morning for that purpose.
He reported to me that the next morning he
did repair to the jail at the appointed time,
and was informed by the non-commissioned
officer in charge, that he could not permit
him to have access to the prisoners. He then
went to headquarters to ascertain if he was
excluded by authority, and if he was to be
prevented from executing the laws, which
had been declared of force by the joint Pro
clamations of the Provisional Governor of the
State and of General Gilmore, the U. S. Offi
cer in command of the Military District. The
following official communication has been sent
to him:
"IIEADQUARTES, MILITART DISTRIcT OF
CHARLESTON, DISTRICT OF S. C.,
Assistant Adjutant General's Office,
Charleston, S. C., February 19, 1866.
Jon-. E. CAREW,
Sheriff of the District of Charleston,
Sir, The Brevet Major General Command-'
I ing has been informed that you propose to in
flict the punishment of 39 lashes upon a per
son named ,Charles Fox, now confined in the
District jatil, pursuant to a sentence of the
'Court of Genera! Sessions, Mr. Judge Aldrich
presiding.
IThe officer in command of the jail has been
notified not to permit this punishment, and
the sentence cannot be executcd.
Any attempt by you to execute elsewhere,
this or similar sentences, will be treated as a
violation of General Order No. 1, dated Head
quarters, Department of South Carolina, Jan
1st, 1806, a-nd promptly dealt with as. such.
Punishment of the lash cannot be inflicted in
this city upon any person while the military
authori'ty continues in force. The Courts of
South Carolina cannot have the assent, either
expressed or implied, of the military autho
rities, of a punishment unknown to the laws,
i>f the United States.
I aw, sir, very respectfully,
Your obedient servant,
M. M. RICE,
Capt. 35th U. S. C. T. A. A. Adj't Gen."
Now here is not only an actual interference
with the authority of the Court, but its Ex
ecutive Officer, the Sheriff, is threatened that
if he attempts to execute the sentence he will
be promptly dealt with. And this, too, in the
face of the Proclamation of Provisional Gov
ernor Perry and the orders of Major General~
Gilnmore. -Governor Perry, -on the 20th of
Jury, 1865, said, "And P'd'o further pr'8?aini
and make known, that the Constitution and
all laws of force in South Carolina-prior to the
secession of the State, are hereby made of
force under the Proviional Government, ex
cept wherein they may inflict with the pro
visions of this Proclamnatibn. And the Judges
and Chancellors of the State are hereby re
quired to exercise all the powers and perform
all the duties which appertain to their respec
tive offices, and especially in criminal cases.$
Itwl eexpected of the Federal Military
Auhrtes now in South Carolina, to lend
their authority to the Civil Offices of the Pro-I
visional Government, for the purpose of on
forcing the laws and preserving the peace,
and good order of- the State."' And on the
8th Sept., '65, Maj. General Gilmore, then in
command of the Department, sustained the
Provisional Governor by issuing his General
Orders No. 30, in which is this paragraph :
" 2. The Civil Courts may be re-opened, and
all Civil and Municipal Officers who shall have
tken the Amnesty Oath last prescribed, and'
who, if they belong to either of the classes
excepted from amnesty, shall have received
executive .pardon, will be allowed to resume
the exercise of their offcial duties, under such
of the laws of South Carolina in force immne
d ately before the 17th day of ov., 1860, as
~are not inconsistent with the laws of Congress
and the Proclamations of the President, which
laws and proclamations are in all cases to be!
I had i~tenfded not to proceed beyond Col
umbia, at which place I proposed to bring to
'th notice of the Grai .Jury, tis initerfer
ence with the Laws and the Administration
of Justice, as I have now done to you, and to
decline to proceed further on the Circuit.
But when I arrived there, I met His Excel
lency the Governor, who hoped that the pro
ceeding would not be approved by the com
manding General, with whom he was in cor
respondence, and I was induced to withhold
my decision until he could be heard from.
There being not much business before the
Court, the Records and Dockets of that Dis
trict having been destroyed by fire on the
17th February, 1865, I adjourned the Court
before the reply of the commanding General
was received. Two days after the adjourn
ment of the Court, the following communica
tion was received by His Excellency :
"CHARLESToN, S. C., March 7, 1866.
To Hs Eeallency Jame8 L. Orr,
Gorernor of South Carolina:
SIR :-In reply to your Excellency's seve
ral dispatches, relating to the orde- of Br'vL
Maj. Gen. Charles Devens, commanding Mili
Lary District of Charleston, forbidding the
whipping of one John Fox, a white man now
undergoing sentence of imprisonment i
Charleston Jail; I have the honor to inform
your Excellency that Gen. Devens' order is in
accordance with General Order No. 1, current
series, dated Headquarters, Department of
South Carolina, January 1, 1P66, and is ap
proved by me ; paragraph 18 of that order
provides, that corporeal punibhment shall not
be inflicted upon any person other than a
minor, and then only by the parent, guardian,
teacher or one to whom said minor is bound
as an apprintice. My General Order was not
issuel until it had been submitted to your
Excellency for your suggestions. No objec
tion was made to the prohibition of corporeal
punishment therein contained ; and the order
was published before the Courts were opened.
I desire to abstain from all intetference with
the executien of the laws of South Carolina,
unless compelled to interfere to prevent dis
criminations in the administration of justice
on account of the race or color of the cffend
ers. Surely it would be inconsistent with the
impartial exercise of any au tbority to sancti0D
the use of the lash upon white persons as a
punishment whilst it is forbidden as to col
ored persons, without remonstrahce from your
Excellency.
I am -very respectfully,
Your obd't serv't,
D. E. SICKLES,
Maj. Gen. Commanding."
I have always considered the arrangement
between Gov. Perry and Gen. Gilmore as a
Conveition and Compact solemnly entered
into on the one part, by Gen. Gilmore, rep
resenting the United States Government, and
on the other part by Provisional Governor
Perry, appointed by the President and repre
senting the Givernment of the United States
as well as that of the State, for the purpose of
restoring the State to her former peaceful re
lations in the Union, of giving confidence to
her people, and of protecting their persons.:
and property. And I think it was so under
stood by the President, Governor Perry, Gen.
Gilore and the whole people. And I am
strengthened in this opinion by the reading
of Gen. Devens' order, which was issued as
late as-the 10thTebruary, 1866, and which is
as follows:
"HD'QaS MILITARY DISTRIcT OF CHARLEsToN,
DEPAWRENT OF SOUTH GAROLINA,
Ass't Adj't General's Office,
Charlestod, So. Ca., Feb. 10, 1886.
General Orders No. 16.
1. The Courts of South Carolina having
been fully organized for the dispatch of ciri
and criminal cases, the Provost Courts will
take no further jurisdiction of such cases af
fecting white persons only, unless the rights of
the military or civil authorities are involved.
2. When it is necessary that arrests should
be made (in order to preserve the peace ofi
the country) all white persons charged with
crime against the person or property of whites,
such person, so arrested, will be held in cus
tody only so long as is necessary in order to
turn them over to the civil authorities for
trial
3. Provost Courts will ,continue as hereto
fore to have juris(iction of all cases in which
persons of color are parties, or in which their
rights are involved,.and of all criminal cases,:
in which the,offence alledged- to hava been4
committed by a white, has been against the
person or property of.a person of color. --
By command of
. Brevet lifaj. Gen. DEVENS.
M. M. RIcE, Capt. 35th U. S. C. T., A.A.A.
General."
Of course Governor Orr made no objection
to the paragraph in Gen. Sickles' order, which
prohibits corporeal punishment, because he
and every one else supposed that the order'
was intended to apply to negroes, and to dis
putes arising between white people and ne
groes. And it would appear from the order
lost above recitedsof Gen. Devens, that he so
understood it, else what does he meanl by th e
language, ''that the Courts of South Carolina,
haing been fully organize~d for the dispatch
of civil and criminal cases?" How can the
criminal law be administered, if the punish
ments provided be prevented ?
But it seems that I am mistaken, that "th
lawes of South Carolina in force imnmediately$
before the 1T7th day oj Nov. '60, cannot be ex
ecuted, that this Convention, this compact
is no longer of force,and can be, and has been
abrogated, without the consent <>f Governor
Orr, who stands in :the place of Gov. Perry,
and hs been so recognized both by the Pre'i
dent and the Maj.- Gen. commanding this de
partment. Under these circumstances I do
not see the use of holding Courts, if the
judgments and sentences of the Courts can
be reviewed, suspended and prevented by-the
Gen. commanding; then the re-opening of the
Courts and the administration of the laws is
i ee okry and a farec. It will
not only be a ridiculous- exhibition for Judges
to ride round the State for such a purpose,
but it will be a criminal expenditure of the
exhausted revenues of the State to pay ju
rors, witnesses and constables, to play such
solemn farce. The Judiciary is a separate
and independent department of the State
Government, and so long as I am ettrusted
with the administration of justice in'South
Carolina,-I will endeavor to maintain the cha
racter and preserve the dignity of the office
as has been done* by the Judges who have
preceded, me. If every General 'conimanding
a District, or Lieutenant acting as Provost
Marshal at a Court House, can call a Judge
of the Superior Court before him,and say you
must revoke such a sentence, or such a pun
ishment provided by the law of the State
shall not be inflicted, then I will not hold the
Courts. I will not permit the State of South
Carolina, in my person,.to be degraded and
humiliated by any such military oppression
and tyranny.
It.was wise in Chief Justice Chase and one
of the other Judges of the Supreme Court of
the United States, to refuse to bold the Courts
in the States where martial law was pro
claimed, because they apprehended that the
interference of the military would 'bring the
Cort into disrepute with the people. Tis
refusal was made by Judges in accord with
the military authorities. But we, more trust
ing in the consciousness of the good faith in
which we had accepted the condition, deter
mined, in our humiliation, to do iight, and
not doubting that we would have-the sympa
thy and support of all good men, be they sol
diers or civilians, went forward to perform
our Judicial duties; the very first Court
proved how false was our judgment and how
much wiser it would have been to hhve ful
lowed the example of the-Judges of the Su
preme Court of the United.States. The ques
tion is, shall I go on and play my part in this
1hree? I am one of an Independent Depart
ment of the Government, and while it till pain
me to differ from those in whose judgment I
have the highest confidence, yet I must judge
for mysel4 and I am resolved not to allow the
Judiciary Pepartment of South Carolina;
which has ever maintained its-dignity, .to be
humiliated-in my person-and, thtrefore, I
stop here.
I do not mean to say that the other Judges
should not hold the Courts in- the Circuits
assigned to them ; but, I Will say, that if they
continue to hold the Courts after they have
been interfered with, as I have been, I will be
greatly mortified and disappointed. I know
and feel the importance of holding'the Courts,
of showing to the lawless aad reckless, that
law is again asserted in the land; but, I also
know and feel, that a greater evil can befall
us than th'e temporary suspension -of justice.
It is a greater evil to bring the Courts .into
contempt before the people. Will it-not be a
greater evil to see this Court dispersed 'iy
some military officer, bccause a' sentence is
imposed which does not accord with 'his- sub
limated view of humanity ard juutice? WYill
it not .be a greater evil to see the Court broken
up, because the Judge decides that negro 'tes;
timony is not admissable ? 'All these consid
erations appeal to me, and having made up
my niiad, that the lesser eviL,will be to sus
pend' the Courts until the. .President can dec
termine this conflict of authority, i'will-not
proceed further in my Circuit. I 'will there
fore order the Petit Jurots to be dischar'ged,
and will receive any Presentments, thate you
may think proper to make.' .ln theo mean
,time, I trust His Excellency-the Governor, to
whom I have-made a full teport of 'all these
matters, will make such aw re~pesentation to
the President as will relieve' us-frQm thie -evils
and oppression under whidh -we nows labor.
There are several subjects of general inter
et,:wlich it would.give'me pleasure to bring
to you" notice, such -as the conditica of the
country, the' n&cessifv to accept 'truthfully
and,nanfully the ent of the war) ap. to
work out-our destiny 'in:good faith, patiently
ca'ncstly ecOf9nnically 'tb questierrof'labor,'
the subjet of restorinug our destro.yed Public
Records and Buildings, reorgan;izinig our Dis
trict Police, all these matters are of peculiar
i*est now; buti forbear to touch on. any
of themn, because you are .powerless to act,
and any suggestions which I inay make, will
simply be a waste of words. I can only ex
hort you to patience, to dignified endurance,
and to a firm relince on a returning sense .uf
Justice.
Mr. Clerk, maike out the certificates for the
py of.the Jurors.-and enter the following or
der: -
SOUTH CAROLINA, In thSsso
NEwBERRY DISTRIcT,.h esos
4,y the Court,
The sentonce of the Court in the case of
"The State v. Charles 'Fox," 'who was con
victed of Larceny-nt 'the January Termi of
this Court 'in Charleston, having been pre
vented being enforced, by order of Brv't. Maj.1
Gen.~Devens, commanding the District, and
the said order having been apprond 'by Maj.
Gen. Sickles, commandinlg the Department ;
the Presiding Judge, to whom' was assigned
the duty of holding Courts on the Middle Cii -
cuit, deems it useless to proceed further on
this circuit. When 'the administration of
Just icc is permitted, and the Laws of the land
are allowed to be enforced, without the pre
venti,efrc.une of the muiily authotli
ties, the business o tibe Courts wI- be re
sumed. The Chief Justice of tbe Supreme
Court of the United States b'as infomed.fbe.
President that "A civil Court In a district un
der martial law can only act by, the sanction
and undt.r the supervison of the militmy
power. And I cannot think it becomes the
Justices-of the Supreme Court to. exer&is
jurisdiction under such conditions." - The at
tempt in Charleston to hold a civil Coraiin
S66th Carolina, falthough madeirgood.th),
sb(,wsthIe truth of this position,and theA
propriety of holding Coirts in a- State rm
Martial Law is enfarced.
The Clerk and Sherifr will draw tb -
sary Juries for the ne.t regular ~erm e
Clerk will also send certih'ed copies of 0 s F . -
der to the Clerks ofjhc Cusrts of Leilngton,
Kershaw, Sumter id',atedn Districts;
who will publish the same at the inftig. of
their several Cotrts, and proceed d d
Jur ies for the next regdar Term of their9e0
pective Court next ensuing, onder the pro
visions of the Act entitled "An Act'tboOidG
for the Drawing of Jiries in certain c e"
passed in December, 1865.
A. P AtRM
March 19, 1866.
Mr.Tallandigham'% peL.
At ia'rge political neeting, a feWI ys
since, Mr.^Vallandigan, being 'loudyes#ed
for, addressedte meeting at so108 -DN -
-More than tw*nty-years ago, said e,- bees
he. bad a vote, he had, as a youth, ePpposeti
a President not of thM parry to which he be- -
longed Agaiil sonieiteen years sidce, h
had -united with many gentlemen of theWig
party, in this city-, in sustaining 3lIlArdVF11
more, another President for wbom !ead^oS
voted. And now again for _Q etie.tida
he found himself constrained, by a sinmee"d_
honest sense of duty,.to give ab ear_r -
port to yet another Presideat nt efb 01
ing-at ieast upon.the q iestion of-$e eted
the Freedmen's Bureau bilL Thi-ee*
uight presented a novel specta&- 1 %a
announced .s a uhl cetng, W-thm6in'ie
unction of party. Its purp' was edned
to ststaiiing the President in iti& Yeo- -hV -
offer had been-madeto those - ba-h 'A.
for Andrew Johnson, t5ht-they shOuZces
forward and control the .meeting.
not responded, and but, few 6r -
present, 6nless as spectators~' All
-done which deceWncy anud propiett,"
Perhaps thesensen did not li- they enk
meet here to-nighL Very .eH. t them
understand they mrust accept the eOwn. o -
desert the Presideni; for just -kOkua(An
drew JvAnson adhered- to' "he idq
aid faitiifidly and earniestly carr^Wf _66t -his
declared policy of inuediawltVriing ibs
the Southern State.asquls-qual a Sttes
and equals as .to. their indiv'fdual citizeus-nean
thus of restoring the old Uonun der theI old
Federal Cons itution; be would be eiti i to
and have the support of the De 0Arty
as a unit; and'thatpartymnbered n# tea
ly one-half of th'e p o}hio of -the'Stat~b 'hick
had always'adhecred to thme Union. The party
would support bimi not as.partisans, an)91eaas '
of all, for the sk gof office., Let 1ope who
voted for and now stand by'hji inngoo~Ifs
by deeds, not p:-ofessions, hold ,t
though he must say that ititditefdd -
tat they who lived by..tie breathofthMesr
dent, whbose very commissiofli-bor. hisigna'
ture, were missing here to-naight, ,now.,n, the
~very hour. of tho Presiden$'s trial. Ahs for
himself, 'he would not sign 'a recommnend&tion:
for any Deijnocrat' for an offce~dnder -Johr.son
is 'the end of his term ; andytb hehad a slight
suspicion that just now a politica1 draftnaib.
White lIouse,beTauig chis (Mrlt.4vs ame,
would be- as readily,hbonored as-onedaai
the names of Stevens, Sumner or Schencok.
J aughterand appbuse.J Th e President would ,
have eunog.of fried wliose affeetion was to -
be mneaumed-by otlie'e hat. whatxbe-rneeded " -
ias-the:peoiewith higt-.-the support tfio.
est, earnest mena who wanted fio toffi.e under~
hin. T,Uemoratr do.neot ded~r~e to inest' the
Pesid.rt. ~iiradra Johnson is nio asinin to
be stoic;anid weare not- the mqte.bCsteal.
F pptausg When>he. wr.ung, w wiRleen
dmn hlim ; when' .ies igb& ae mill Anpport
hn., and do it det o4nly iuncrty~ b e er- *
nstly and ith igor. ThIere sil: i~
"dead dricks" among u ies.: YJ
plade~th6 rete b'dauh6itile t
depotc messeree , a ititt -e'&qh
te Ihe North d est apdu yg en
to the South. Mor*'hi tht gp,eed
oft,mgnrl . Lamues of'hge
dtbeeaue.h fun fiemui there, bi~t. use
tavwere (fio ~ery doctinos.' foftfle*most
part, adceast; that he'ad. learned y4at*- ago
fromt speeches an:d win itings of Washington,
Jfferson, Madison, Jacks-on, Webster aud4Clay,
before he land .ever heaMrd of Andrew.JQb .o
[Loud applause]j Johnson, himself, .hade
larnd in the same school, and had only bor
rowed. and admirably applied them td- that
particular Measure. If. said Mr. .,- the-gene
ral doctrines of the,-veto messagte.re, -as his
Excellency Governor Cox insinuates, theprin
cipes upon which the President ~s elected,
*then, for ten years, I have been a. pubican
witbout knovi ing it.' [Laughter.] -
It was the fa,shion, just now, of 5bine to
criticise the style of 'the Presidenit'0-%peech.
After- Lincoln's contributions- to Exenmtinve
literature, such objectors ouight to.be~ -silent.
Perhaps, indeed, it was not precisely accor
diag to the.rules laid down by Ciepro, Quin
tilban, Bair an Whately, 6ii- the cold 4tatu
ary models frivnished 14> Charles 'Sufner.
Perhaps neither Victoria' nor Napoledn' ould
have so spoken. But, at leastg-it was-Trearn
est, -bold. fresh, determnined Aumericanspeech,
and more than that, it was a ruost.,tsmely
speech. Theveto and muessage accomfpanlytfg
it showed that Andrew:- Jobhnson meat to
Sght the oafeirnaul Thugs. who bave mied
themslves against him and his policy, and
who would strangle the Union, and.-with it,
all peace, good svilf nd prosperity throughout
the land forever. But. the speech prove what
was more imrportant, thaat he knew .ow to
tight thema; that he was one of the half-dozen
metn in' the United -Sta-tes w ho understand

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