An Independent Family Journal?Devoted to Politics, Literature and General Intelligence.
ANDERSON, S. 0, WEDNESDAY, JANUARY 22, 1868.
gtnteoit WimUlrt Jnfellijgcncer,
BY HOYT & WALTERS.
TWO D?LLAB3 AUD A HALF FEE ANNUK,
in united states CCKtlKXCT.
RATES OF ADVERTISING.
Advertisements inserted at the rates of One Dol?
lar per square of twelve lines for the first insertion
and Fifty Ceuts for each subsequent insertion.
Liberal deductions made to those who advertise by
* For announcing a candidate, Five Dollars
in advance. i
From the Charleston Courier.
Reconstruction Convention. I
fi est day.
The Convention elected under the pro?
visions of the Reconstruction Acts ot Con- !
gress assembled at the Club House, Meet-\
ing-street, in this city, at 1.2 M. yesterday, j
The space set apart for spectators was ?
densely crowded by colored visitors, not j
more than five or stik whites being in at- j
The Convention was called to order by
Mr. Timothy Hurley, a delegate from
Berkeley District, who moved that T. J.
Robertson, of Riehland, be requested to
-act as temporary Chairman.
The motion was carried with but one
Mr. Robertson, on taking the Chair, ad?
dressed the Convention as follows:
Gextleilex of the Convention ; We,
? the delegates of the loyal people of South
Carolina, are assembled here for the pur?
pose of restoring our State to her proper
?relations in the Federal Union.
It becomes-us to frame a just aud liber?
al Constitution that will guarantee equal
rights to all, regardle;?s of race, color or
previous condition?a Constitution which
will comply with the Reconstruction Acts
of Congress, thereby insuring our speedy
admission into the Union.
I trust there will be no class legislation
' "here. Thope we will act harmoniously,
judiciously and in such a manner as will
reflect credit on ourselves, aud secure the
confidence of the people of the State,
whom we represent. By your kind as-ds
v? tance l hope to speedily organize this Con
The President announced the next busi?
ness in order to be the appointment of a
Mr. Parker nominated Mr. E. W. M.
Mackey, of Charleston.
Mr. Wluttemore nominated W. J. Me
.Kmlay, (colored,) of Orangeburg, who whs
The Secretary then read the official Or?
der of General Cauby calling the Conven?
tion together in this city on Tuesday, 14th
The roll of the Delegates was called by I
Districts, when ninety-two delegates hav- |
ing answered, the President a-nnoimeed aj
?quorum present, aud the Convention ready i
Mr. Whiltemore moved that they pro- j
ceed t? ?permanent organization, aud that j
a Commit! ee of Seven be appointed by the i
Chair, to retire and report the names of
. candidates tobe Rtibniilted to the .Conven- I
tion ready for permanent officers.
- K. C. DeLarge rose to a point of order,
and asked how they were to know wheth?
er those answering to names when called
were the men elected and entitled to their
seats, a..d whether the officers elected by
them would be entitled to act as the legal
officers of the Convention. He thought
the first thing in order was the appoint?
ment of a Committee on Credentials, to
?examine and report.
The President decided that the posses?
sion ot the military eider was the best
evidence of-membership, and ninety-two
members having responded, it was not ne?
cessary to go into any further investiga?
Mr. 1?. Odell Duncan said he did not
think the members of the Convention pro
pared to go into an election lor permanent
officers. They had met for the first time
"together, did not know eaeh other, and
were acting-in ignorance of who were
?members of the Convention. A short time
for a few eaucusscs would make them bet?
ter acquainted and better able to decide
on the person best fitted for the position
of President. He thought it better to
postpone the permanent organization for
two or three days until they had some
better knowledge uf the members of the
Convention. Much of the success of their
work, he thought, would depend on the
person selected for their permanent Presi?
dent. If they made a failure in that all
their business might go wrong. The per?
manent President would have the appoint
. ment of. the Committees, and upon them
also would depend, in a great measure,
the success or failure of the Convention.
He hoped they would not go into the
matter blindly. A majority of the mem?
bers were not prepared to vote intelligent?
ly on the question, and he moved, there?
fore^ as an amendment, that the perma?
nent organization be postponed until 12
O'clock Th u reday.
L. S. Langley thought some further ac?
tion necessary to the identity of the per?
sons who answered to their names. Any
one then' might answer to another's name
?and the Convention not know whether or
no the answer came from the person elec?
ted. He was opposed, therefore, to going
into a permanent organization until they i
could determine whether the pcrs ns an?
swering were those elected, lie was in \
iavor of the appointment of a Committee
Mr. Duncan mentioned that in the Geor
ia Convention cases had occurred of mem?
bers answering for absent parties, thinking
they could do it with impunity, and this
was kept up ur.til finally discovered. The
only way was for members io show their
The question recurring on the amend?
ment of Mr. Duncan to postpone.
Mr. Parker moved to amend by substi?
tuting to-morrow at 12 M., instead of
Thursday, which was accepted by the
Mr. Cral*? said lie had come to Charles?
ton with limited means and did not want
to stay any longer than he could help. He
was very anxious to effect an organization
as soon as possible, and to proceed with
all possible haf,te to frame a new Consti?
tution or to make such changes in the old
one as were necessary to give us a Repub?
lican form of Government.
Mr. Bowen did not think the Oonven
tion sufficiently organized to go ii
election for pei manent officers, lt
be presumed that every gentleman
was provided with the necessary on
credentials, but did the Chair know v
er or no many of these orders liligi
have been transferred from one to air
or whether there might nor. be gent]
sitting there with a certificate .or
of some other member? Ile ?nov
lay the matter upon the table, and t
Committee on Credentials be appoint
ascertain whether all present as mei
were rightfully there or not.
Mr. Duncan moved thc appoinrmei
a Committee lo see that every man
proper credentials) The order of Ge
Caubv he regarded as the proper cn
tials, but every man he thought si
show evidence that he is the member
ted from the district he claims to ri
sent. He moved that a Committee of
Mr. Hurley moved to amend hy ad
that the Committee report forthwith.
T. K. Sasportas moved to amend
making one member from each dist
such member to he chosen by each dis
delegation. They would then have a
1er opportunity ut'knowing thc delega
Irom each district.
W. J. Whipper thought a commute
five amply sufficient.
Mr. Whitemore thought there sh?
certainly be one delegate from each
Irict. lie wished to know Ito iv a cuni
tee of simply live of the members coul
sure of who the person is who preset]
certificate, or General Caiiby-'s orde
Those orders had been distributed all <
t!ie country, and any one might have
order, and it was probable some mi
come in who had no right there. It
prudent to have one from each distt
Ile was not afraid of such a Commit
being too cumbersome, lie wanted to
lo work, and to do it properly,- whale
time it required, whether three or f
days or titree or lour hours. Those v
were lhere could easily satisfy the ho
if the}' were properly accredited,
thought a certificate from a Cotnmissio
in Equity from the District lo whiel:
member belonged, that he was the pun
elected, as one of the highest acknowle<
ments thar could possibly bc prod tic
lt appeared to him that, those vvho had i
an order needed no higher authority,
wanted to begin with the examination
credentials at once.
Mr. Bowen deemed a Committee
Five huge enough, If there was any doti
it was easy enough lo send for any gent
man, and require him to prove ?us mc
hersh i p. He-ison tended that a.certifies
from a Commissioner in Equity was ti
sufficient evidence, bul thal it tequie
an official order of General Cunby, sett ii
forth the fact. Thosegentlemen who h
not got them, could have an opportune
of identifying themselves to tia- Comm
tee, and ?etting the proper order. (J rede
tn?ls from any other source but Genei
Cunby were no vouchers at ail of mei
hersh i p. A Committee of Thirty or mo
was too cumbersome'.
Fl. G. Del.arge said that any diftlculi
of identity might he avoided by any ge
tleman sending for any member from ai
other district, with whom lie is acqmiiute
and who can vouch for him bet?re tl
B. F. Randolph thought a Com mitti
of-lincdelegate from .each district woui
facilitate business, as each delegate on tl
Committee could at once report Oil tl
credentials of thc other members of h
delegation, whereas five only would n
quire time to make investigations and pr<
long the time.
Dr. X .J. Newell stated that none <
the up country delegations hail been ii::
Dished officially with credentials.
The President said the gentlemen name
in General Uah hy's official oidora wer
regarded as members of the Committee.
Tue question recurring on the appoin
ment of a 'ominUtee of Fi ve, it. was los!
Mr. Duncan then moved that, a Commit
tee on Credentials, consisting of one froi
each district, he appointed by thc Chaii
which was carried. The Committee the
Mr. Bowen moved that thc Convcntio
appoint John lt. Pinckney and Peter Mi
1er, (both colored,) temporary Sergeant:
Objections being made to the transat
tion of business during the absence of tin
Committee, the motion was withdrawn.
On motion of William McKinlay, Sec
rotary,-the Convention took a recess lb
three quarters of an hour.
On re-assembling, Mr. Duncan, Chair
man, made a verbal report of the Commit
tee on Credentials, stating that the Com
millee examined first the credentials o
each of its own members, and appointed;
Chairman and Secretary. Finding theil
credentials correct, they then callee! ?lithe
delegates from other districts, examinee
their credentials, which, on being proved
were signed by t ue Chairman and Score
tary underneath t he official signature (?I
General Can hy. This signature, on being
shown to the doorkeeper, to be taken u^
evidence that the bearer is a member, and
entitled io admission in the Convent ion.
Any mein ber arriving a fi er ward s must he
identified hy the Chairman and Secretary
of tlie Committee*, which proposed to con?
tinue its organization until ail the niem
I hers 1 ad arrived, or there was no further
! necessity for their service?*.
I On motion of delegate I ?ames the report
j of the Committee was adopted.
I F. L. Cfi'doza moved that a Committee
I of one from each district he elected liv the.
; members (d'each respective district 'dele?
gation to constitute a I ommilt.ee lo nom?
inate suitable officers for the permanent
organization of the Convention. l|t.
thought it essential to their success that
there should be a thorough and complete
j canvass for officers to fill those important
' position?. Upon tbs permanent President
would depend rauch of the dignity and
success of their legislation. lie "hoped
there would be no smaller number appoin?
ted, as it would in that case be very apt
to form a clique. One .'Vom each delcga- j
tioii he felt sure must give more satisfac-1
tion and be attended with better results, j
Mr. Hurley moved that the Convention
proceed to a nomination at Jarge, which
Before taking the question nn the pre?
vious motion, Dr. Newell moved that the
Convention adjourn to meet to-morrow at
twelve o'clock, which was carried.
From the Charleston Mercury.
Charleston', January 15, 18C8.
The Convention was opened with prayer
by B. F. Randolph, delegate trout Orange
The roll of delegates being called, 109
responded to their names?seventeen more
being present than on the preceding day.
Alter some diecussion as to members
not having certificates of identification,
the hall-keeper was appointed door-keeper
until a permanent organization.
The body then went into an informal
ballot for President.
A recess of fifteen minutes was moved
and carried, to allow the delegates to pre?
pare their ballots. At the close of the re?
cess, the ballots were cast, and on being
counted the result was as follows: A. G.
Mackey, white, delegate from Charleston,
7-1 votes: B. F VVhittetnoro, delegate
from Darlington, :>7 votes; Thomas J.
Robertson, white, delegate from Richlaml,
and temporary chairman, 1 vote; James
M. Rutland, white, delegate from Fair
field, 1 vole. Not a single colored man
received a vote for the office of President.
Alter the tellers had made their report,
the temporary chairman announced that i
A. (r. Mackey, having received a majority
of the votes cast, was duly elected per?
manent chairman of the Convention.
This was an error of which lie was im?
mediately reminded by several delegates,
who stated, simultaneously, or nearly so,
that the ballot was simply an informal
This being the fact, and the chairman
withdrawing the am ouncement, a white
delegate moved that the election of A. G.
Mackey be deflated unanimous.
At the request ol 1>. F. Whittemore,
white, the motion was withdrawn, and
Whittemore, in a short speech, withdrew
in ia vor of .Mackey.
On motion of Gilbert Pillsbury, white,
delegate from Charleston, the election of
Mackey was declared unanimous.
E. J. Hausier, a light colored delegate
from Charleston, then moved that a com?
mittee of three hu appointed to wait mi
tho newly elected chairman, and invite
him to take his sent as President of the
Convention. The motion being adopted
by the house, the temporary chairman
appointed K. J. Kansier, light colored j
delegate from Charleston; 15. J''. Whittc- I
more, white Yankee delegate from Dar- j
huirlon, and II. ('. De Large, light colored j
delegate from Charleston, a committee of
three to wait on A. (I. Mackey,the newly
elected permanent chairman,'and intro?
duce him to the Convention.
In assuming the duties uf his office, Dr.
Mackey addressed the body as follows:
li t..\"i i.e.men oFTHJi CVjxvjjxtjox : While
I return yon my thanks for the honor that
yon have conferred on me, by selecting
me to preside over your deliberations, 1
confess that 1 assume tbe Chair w ith great
diffidence as to my capability to discharge
its duties. I can, however, safely promise
a determination to perform the important
task with the strictest impartiality, and
with all the judgment in my power.
The position in which your kindness has
placed ne will necessarily preclude me
from a general participation in the debates
ofthe house, and will condemn me to si?
lence on many questions, on which', if 1
were oil the floor, 1 would wish to be
heard. You will, perhaps, therefore, par?
don me, if 1 take the present occasion,
once for all, to define my position and to
express my sentiments on some of the
great tuples which are now agitating our
The Convention in which we are now
sitting is marked by two peculiarities,
which have distinguished no other Con?
vention that has preceded it in South Car?
olina?peculiarities which demand for it
the commendation of every lover of liber?
ty and respecter of human rights.
Converted, as I contend it has been?for
else I had not been here?by competent
legal authority, it is the first Constitution?
al Convention in this .State, in the selcc
j tion of whose members the ballot-box, the
! true palladium of national liberty, has been
ma;'e accessible to every man who was
not disqualified by legal or political crime.
In the call lor the Ii ve South Carolina Con?
ventions which have preceded it. and
i which were hehl 177G, in 1777, in 1700, ill
I 180O, and ill 1805, but a portion <>t the
j people were permitted to exercise the eloc
I live franchise, because slavery, that vile i
j relic of barbarism, had thrown its blighted j
' iulluence upon the minds of the people, I
and, for the noble doctrine that govern
I uiC'iiis were constituted lor the good ofthe
I whole was substit uted that atrti republican '
j one, that they were intended only Ibr the
I benefit of one class at. the expense of an- j
! other. B;;f in the call tor this body,every
j true man who could labor for the support
i or fiirht for the defence of the Common
j wealth, has been invited to a representa?
tion. Manhood suffrage has, for the first
: time, been invoked to convene a body
I which is to make the fundamental law for
all. This is, then, truly and emphatically
a people's Convention?a t'onvention by
r.h<- representatives of all who have minds
to think?and to think for themselves, or
muscle to work?and to work for them?
Again. Tn the five Constitutional Con- I
' ventions held in tbe State, to wbiob I bar*
already alluded, the fundamental law
therein framed was made a finality. The
people were ignored as a part ofthe body
politic by the Convention, which declared 1
itself as possessed ot despotic and irrespon- j
siblc authority, and in every instance, re j
fused to submit its proceedings, and the j
constitution which it had" framed to the j
people for their ratification. This was but
a natural and necessary result of the in?
fluences ofthe political sentiment that then
prevailed. It was but consistent that
those who deemed one-half of their fellow
citizens to be chattels should forget or
overlook the manhood ofthe other hall!
But we, who in these-days, when the
rising beams of political truth promise, j
after so much storm, a brighter sky for the
Republic, we who are emerging from that
cloud of false opinion into the full sunshine
ol that truth, know and claim ourselves to
be only the representatives of the people.
We arrogantly assume no final action, no
irresponsible power recognizing the rights
of all men, ol all races, poor as well as the
rich, the ignorant as well as the wise?of
ail men who make the State their home
and identify themselves with its interests. !
We dare not present to them an organic j
law for their government, as something!
with which they have nothing to do but
to hear it and obey. Our work here is }
not to be considered as completed until the
people shall have reviewed it and ratified
it. Not we, ourselves, but they who sent
us here, are to say whether we deserve the
reward of a "well done, good and faithful
servants.'' For the first time in the his?
tory of South Carolina, will the people be
recognized as the true framers of their own
organic law. Of such a Convention, or?
ganised on the great acknowledged prin?
ciples of Democrat ic Republicanism, 1 am
proud to be a member; far more proud to
sit here beneath the folds of that beloved
Hag, which is t his day floating from our
roof, than I should have been in that ot liter
body which met in this city in 1S0O, with
no such loyal symbol to protect it but
which rather sought to tear its stripes to
tatters and to dash its stars to the earth.
Yielding to none in sentiments of devo?
tion for that Hag of my fathers, and in ab?
horrence of every sentiment of disloyalty
and treason to that Government, to which
I owe a paramount allegiance, f yet have
no vindictive feelings towards those of my
fellow-citizeus who were led by the ab?
stractions of their political leaders to en?
tertain dif 11-rent and opposing ^sentiments,
sentiments which I deemed errors, but
which they believed to be truths. I grant
to them that liberty of thought which I
demand for my.-elf. Hence, I profess my?
self to be a moderate man. i am opposed
to all confiscations of property, because the
confiscation ofall the lands of rebel owners
in the State can have no effect in promoting
the welfare of that State elevating its po .
litical condition, or ad\ ancmg its commer?
cial aud agricultural prosperity. I am
opposed to any general disfrauchisetnent
of the masses of the people. It is too hue
now to disfranchise as a punishment for
treason. Punishment .should l>e inflicted
for the sake of reform. To inlliet it now
would iiv' only to gratify revenge. I want
im) more disfrauchisemenl;, either as to
number of persons, or as to duration of
time, than is absolutely necessary to secure
the safety oi' the nation, and if that can be
secured by none at all, then would L favor
I call God to witness, that in takmg my
se?'.l in this august body, I do so only be?
cause I desire to contribute what little
abilities or influence I may have to the res?
toration of peace and harmony, and for
the establishment of such a Constitution or
form of Government for my native State
as will secure to every man in the Com
monwealth an equal share of political
rights, will protect us iu the future from
the errors which have led to our present
unhappy condition, and will speedily re
habitate the State, as u constituent part uf
the great national confederation.
With this expression of my sentiments,
which will not, however, control me in the
important administration of the office to
which you have assigned me, I am now
prepared to take my place as your presi?
ding officer. *at the same time invoking
your indulgence for any unintentional er?
rors that I may commit, ami your earnest
cooperation in preserving the dignity aud
decorum of the body.
The speech was frequently interrupted
with applause, and occasionally with cries
of "Hear! hear!" and the speaker took
his scat among loud plaudits, having evi?
dently acquitted himself to the satisfaction
of the Convention.
W. J. Whipper, delegate from Beaufort,
but a negro lawyer from .Michigan, and
one ofth? most intelligent members, moved
that the rules of the United States House
of Representutives be adopted as the tides
of the Convention. The motion was car?
I The thanks of the Convention were then
unanimously voted to T. J. Robertson,
white, delegate from Rich land, for Iiis
; services as temporary chairman.
' The President laid before the Conven?
tion a communication from F. A. Sawyer,
white, a delegate from Charleston, resig?
ning his position, which was excepted.
The rules were suspended, and C. J.
Slallbtaud, said to he a Dane, who once
? commanded Sherman's light (fingered ?)
j artillery, was elected secretary by aecla
' mat ion.
N. G. Parker, white, delegate from
Barn well, an ex-captain ot'neuro troops,
and since the war a resident uf Charleston,
and in no wav connected with llie District!
of Burn well, offered a resolution that the)
i Convention should elect the following ad?
ditional officers, viz : an assistant secretary,
' an emrrossing clerk, a door keeper, and
assistant door-keeper, and a chaplain, and
that the chair should appoint three mes
F. J. Moses jr., of Sumter, said that he
' opposed in toto that part of the resolution
which looked to the election o? a cliaj
As tar as he waa individually conce
he was opposed to thc services of any
lain, and opposed to having tliese pr
dings opened with prayer. The rJ
which had been held so sacred in the
has been of late so prostituted in all
islaiive bodies, that there was a great j
ability it would be prostituted here
instead of prayers we should have sit
political harangues in the guise of a sa
invocation. Furthermore, he held it:
incumbent upon the delegates to
some respect for the Treasury of the S
The people were poor, and where t
were so many chaplains on the flooi
thought it unwise and injudicious to
to the expenditure to be entailed upot
Sate by reason of these deliberations.
Ii. F. Randolph, colored ot Orangen
said he was strongly in favor of the <
tion of a chaplain, because it tvas the
tom in Congress, in the Legislature,
as tar as he was informed, in other (
vendons which had been held. No
on the floor could possibly more resj
the Treasury of the State than himself,
he could not respect it so much as to
nore religion and overlook God.
L. S. Langley, colored, of Beaut
agreed with the delegate Irom Sumter t
there were clergymen enough in the C
volition to open the pioceedings with pi
er, without taxing unnecessarily the Tr
ury of the State; and he hoped that t
would be patriotic enough tu discha
this duty to the Convention and the Sti
without drawing ?8 a day fur their se
It was finally agreed that the Cl
should appoint a chaplain from among
members uf the Convention, to open
proceedings daily with prayer.
Thc motion to have three tnesscne
appointed for the Convention by the Ch;
mau, "seemed to strike some of the meinb
as an unusual and uncalled for luxury.
J. Wright, delegate from Beaufort but
ex-member (d' the United Slates Colot
Troop, and a pure blooded negro expre
ed his opinion on the subject plainly, a
said he euuld not see the use of so ma
messengers to wait on the Conventii
when most of the members had bi
brought up to wait un themselves.
Paul M. Pointsett was elected assisti
secretary ; Wm. li. Mitchel!, engrossi
clerk ; E Conway, sergeant at arms ; Sa
ucl Dickinson, doorkeeper, and Jo
Fitzsiinons, (ot Columbia.) assistant do
keeper, All colored.
li. C. DeLarge, colored, notified t
'Convention* that he would to-morro
move, for a reconsideration of the vote
which Conway was elected sergeant-;
arms, it having been proclaimed that t
person aforesaid was incompetent to ?
charge the dillies of the office.
The next election in ot der being that
messengers ; one of the parties nominan
was Alexander Bryce, Jr., a whiteman,
Pickens. toticerintr whom and whose care
in connection with the murder of Mill
M. N. 11 un nient, considerable diseussif
ensued, in which he was compliment*
and defended as a loyal man, who luis st
tered on account of his principles.
On a ballot bring taken either of tl
respective candidates laded to receive
majority, and on motion of Iv. C. DeLarg
the Convention adjourned at 12 o'clock
Correspondence Between Judg
Aldrich and Gen. Canhy.
Baun well, S. C.. Dec. 27. 1SG7.'
Sir: I have been informed that M
Ilood, the Treasurer ot the Slate, ht
been instructed by you not to pay rac ni
salary aller the y 1st of October.
When I received your "special ordt
No. 1 So," suspending mo, I did not suj
pose you intended lo deprive me of th
property in my ftjjict. It never oecurre
io nie Hitit, because I could not eonselei
liouslv carry out your General Orders a
lo juries. I was to be punished by heim
deprived of tho salary, which, in the itu
poverished state of the country, is th
only means luit to me lur the support u
i trust ii is only necessary to bring t<
your notice the fact that the judge has ;
properly in his office, and that, d ii ri n <
los suspension, he cannot he legally de
prived of its emoluments.
As I have no idea that your purpose i;
to inflict a personal injin)- on one who,
trust, has shown himself us zealous ant
honest in thc discharge of his duties a:
you have in the discharge ut yours, 1
therelbro respectfully submit this qnes
lion to your moro mature consideration
in the hope that, upon investigating tin
legal proposition, you will see you havi
unintentionally done mu tin injustice.
Your obedient servant,
A. P. ALDRICH,
Law J nd go of South Carolina.
Maj.-Gen. CaXuT, Commanding District
HEADQUARTERS ?.T) MlL. D??-irUCT. \
ClIAKLKSTON. S. C., .lat). 1, 1-SCS. I
A. P. Aldrich, Esq., Barnwell Conn
Ito use, S. C.:
Sir: I have the honor to acknowledge
tho receipt of your communication in re?
lation t<> tl.o salary claimed hy you. as
??dgo ol the Court of Common Picas and
General Sessions, and to state, in reply,
that, as your action involved a serious de
lav if the administration of justice, and
?inposed upon the State, in its impover
I ?shed condition, additional expenses for
I tho maintenance of the prisoners, and for
I holding special terms of the courts in sev
I eral of thc districts in the Southern Cir
i euit, I did not consider it proper or just.
! to add to those burdens, by authorizing
compensation to bo made for services that
were not rendered.
Very respect full)*, sir,
Your obedient servant,
ED. ii. S. OANBY.
riie Intelligencer Job Office.
Having recently made considerable additions to
his department, we are prepared 10 execute
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Brevet Major-General Commanding.
Barn-well. Jan. 7, 1868.
Sir: I rjpl}' immediately to your note
of the 4th January, just received.
I did not expect and did not ask, that
you, a military Commander, would con?
sider the constitutionality of the Recon?
struction acts. But I did expect that you
would point to the clause in those acts
which empowered you to suspend me from
the performance of the duties ut my office,
and then tu deprive me of my property
in that office, by ordering the State Treas?
urer to withhold the salary which the
State ? outracted to pay me when I was
commissioned one of her judges. You
wih remember, that I am still a Judge of
South Carolina. You have not ventured
to remove me yet. and if \'ou had, you
cannot deprive me of my office. You can?
not point to any authority in the acts, but
excuse your injustice and usurpation by
saying, '-that as your action involved a
Serious delay in the administration of
justice, and imposed upon the State, in its
impoverished condition, additional ex?
penses for the 'maintenance' of prisoners,
and for holding special terms of the courts
in several of the districts in the Southern
Circuit. I did not consider it proper or
just to add to those burdens by authoriz?
ing compensation for services that were
not rendered "
I indignantly repel this slander. I was
in the actual performance Of my duties,
under the laws of the State of South Caro?
lina, that hud conferred on me my judi?
cial office, and to whom, alone, I am ac?
countable. When you, by a high handed
usurpation of authority, not conferred on
you by any law of Congress, or article of
war, suspended me in the very effort I
was making to administer justice to a suf?
fering people. What justice was to be ad?
ministered by such juries as }'ou had di?
rected to be drawn ? You know, or should
have known, that your orders as to juries,
was not authorized by any act of Con?
gress. You know or should have krr.wn,
that juries, selected as you directed, pre?
sented the most serious impediment to the
administration o1 justice, roinvuw? _.
should have known, that my oath of office
prevented tr.e from carrying out j'our or?
der?and yet. as a mere partisan, without
considering the dignity of my position,
the character of my beloved Slate, or the
responsibility of your own station, in the
very wantonness of power, you put upon
me an indignity which was unworthy of
the great government you represent, and
I must add, appears to me now to be not
only resentful, but unmanly. Let your
brother officers of the old army judge.
As a conscientious judge and a man of
honor, I could not cany out your order
without violating my oath of office. I
said so frankly. You suspended me. I
yielded without a murmur, and now. be?
cause I have a conscience, that will not
permit me. as I think, to violate my oath
of office, with high-handed tyranny, you
not only deprive me of the dignity ofthat
office, but rob me of its support, and then
insultingly tell me that my "action has
involved a serious delay in the adminis?
tration of justice," forgetting that it was
your own unauthorized and officious in?
terference with the la ws of the State, that
placed the first and only impediment in
the way of justice. With what consis?
tency can you talk about the "impoverish?
ed condition'1 of ihe State, when only on
the 3d December last. }'ou issued General
Orders No. 189. assessing a tax for the
very salary you have directed the Treas?
urer to withhold, and did actually make
an appropriation tor its payment? How
dues it help the people of an impoverished
State, to wring taxes out of them, which
you afterwards directed to be locked up
in the treasury ?
Why trouble yourself about State bur?
dens, when the people (1 moan white peo?
ple, tax-payer*,) with singular unanimity
approve my course, and sustain mo under
my present trials?
No sir, I am not deceived, nor is the
country, by this mere subterfuge. You
cover this bold and bad attempt, to de?
stroy the independence of the judiciary,
at tho same time, you make your effort
to break down the great bulwark of lib?
erty?the trial by jury, with a very
I commend yon to the perusal of Gen.
IIancock's Special Order No. 2U3, to show
you what a patriotic officer can do. whose
desire is to heal the wounds of it prostrate
and bleeding eountiy.
But I do not complain. My only pur?
pose now is to repel your unjust and
cruel aspersion, and to put on record my
protest against your monstrous tyranny.
I will leave my native State to-morrow,
in deep sorrow and despondency, to seek
a support for my wife and children, in
hospitable Georgia, where J am assured
of a heart v welcome. Thank God, in my
temporary' exile?tor I urn coming back
when you go?I will be sustained by the
consciousness of having done my duty,
and the full confidence that the people,
the great judges in this case, will soon do
justice to \-oti and me.
Very rrspeetfully, sir,
Your obedient servant,
A. P. ALDRICrT,
Law Jnd;re Of South Carolin?.
Major General Ca.ney, Commanding Mili
? People may bo instructed r>y those
who have less sense than themselves?as
a man may be guided by a finger board
that has no sense at all.
? The heart of a woman draws to itself
the loves of others as the diamond drinks
up the sun's rays?only to return them in
tenfold strength and beauty
? An exchange which ha- h-tevy ex?
changed presses, says: uYYe ha\e ;-o:d one
of our presses to go to India, where it will
con time to print for the benefit of the
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