The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-12-22
Conflict. between Wake Superior Court
and the Military.

On Monday last, an order issued by Gen
Sickles, commanding this department, was
handed to Judge Fowle by order of the Mil
itary Commander here, prohibiting infection
of corporal punishment. On Thursday, a
telegram from Gov. Worth at Washington
was received by the same Judge, saying
g that the order was rescinded, you may pro-
coed with the punishment" Whereupon
one Cornelius Walters, freedman, having
been duly tried, convicted and sentenced,
was placed in the stocks for one hour, pre-
liminary to whipping.
Gen. Bomford, not having received any
official information of the rescission of the
order of his superior in command, Gen.
Sickles, was notified by a staff officer
who happened to pass the Court House,
that corporal punishment was about to be
inflicted upon the freedman, Walters. Mai
Wells was Immediately despatched to pro-
hibit it, and he arrived in time to prevent
the Sheriff from striking blow The
temper of the concourse of people pre-
sent being apparent, though the Sheriff
nor any one else offered opposition, Maj.
Wells walked to the street and despatched
an orderly for a guard. Meanwhile Sheriff
Ray proceeded to infict the punishment,
and eight lashes were administered before
Maj. Wells could return and order him to de-
slst. The Sheriff then informed the Judge :;
the guard arrived, followed soon after by
Gen. Bomtord, who deemed it his duty to
be present at the spot. 1t is due to the Gen.
eral also to say that he patiently waited on
the ground for near half an hour, being in
formed that Judge Fowle would meet him
there. He was not thus met, however; and
meanwhile the names of the officers and SOL
diers acting under orders were obtained as
far as possible, for the purpose of Indictment
for contempt of Court
The negro at the stocks being held for a
time, was turned over to the Sheriff and
again put in Jail. Later in the evening a
company of troops was sent to headquarters
for any emergency.
Thus the matter stands for the present:
and as Gen. Bomiord has received no official
notification that Gen. Sickles' order has been
revoked. he will enforce it. We suppose the
indictment will be quashed, as the whipping
has been suspended until further instructions
from Washington.
The order of Gen. Sickles, until officially
revoked, is the supreme law. It would not
be, if this State were in the enjoyment of all
its privileges as member of the Union; but
we are still under military law to a certain
extent, and the orders of the commander-in-
chief, through his suborlinates, must be
oheyed by all until officially revoked.
1t is not our purpose to censure any one
But it was unofficially known that the order
prohibiting whipping had been revoked. and
it seems to us the Judge might have waited
day or so until Gen. Bomford could have
received e6tciul notification of the fact. We
deprecate conflicts, or even disagreements
between the military and those officials
among us who administer the civil law by
permission of the President, and we think
great care should be taken by both sides to
avoid conflict. Gen. Bomford had no option
in the matter. He was obliged to do what
he did, or disobey the orders of his superior
and incur the risk of being cashiered.
We have no sympathy with those who
avail themselves of this unfortunate occur
renee to excite feeling against the military,
or against the national government. Such
persons would be much more in the line of
duty if they would exert themselves to restore
the Union on the terms prescribed by the
majority, and thus secure the establishment
of such civil law as will be permanently
in all things to the military
power