The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-12
The United States Court and Gene
raj Sfc1kles.

The United States Court and Gene
raj Sicl<les.
We learn from the Charleston C3u-
7aes- that the court room, on Tuesday,
was crowded, as it was reported that
Gen. Sickles would be present, and
much interest was manifested to hear
his answer. The General, however,
did not appear. Marshal Epping
waited upon that officer, was eourte-
ously received, but informed by tho
General that he had telegraphed to
Washington, and under instructions
received, was compelled to decline
the summons.
Mr.. Phillips, District Attorney,
contended that there was no con-
tempt in the message of Gen. Sicklcs
in reply to the service of the writ of
hd6eas co,pus on him. Mr.. Phillips
said:
t'The language of the message of
General Sickles was courteous, not
intended to be disrespectful, and only
q soldierly discharge of what he be-
heved and felt to be his duty to his
superior officer in command and to
the country. I suggest to the Court,
instead of receiving the return of the
Marshal, your Honor substitute a
rule to show cause, returnable ten
days hence. would give every pos
slble convenience to the General to
respond"
MIR. Conner, one of the counsel for
the prisoners, replied to tho sugges-
ton or motion of Mr., Phillips. Mr..
Conner held that the motion of the
District Attorney was motion to re-
consider tho judgment of the Court,
and said, if General Sickles would
bring the prisoners into court, to
have their cases adjudicated, all or
ders of Court would be dropped. He
asked, with the utmost Difference,
what right had the Court, upon the
writ Of habeas corpus issued. TO keep
the prisoners in Jail ten days longer?
He closed his argument as follows:
"Whose convenience is to be con-
suited? The convenience of the mill.
tary or the liberty of the citizen? 1t
has already been postponed in defer
encc to the military authorities Now
the proposition comes to modify the
rule of the Court to substitute
another motion to continue the argu-
fn Il II I >r y
sion, and al the time keep the pri-
soners incarcerated We contend,
under the rule of Court and the at
tachment issued, the return must be
made. If General Sickles intends to
comply with the order of the Court,
no difficulty can intervene. IF he
intends to set himself above the
Court, let us know the fact. + am
constrained, in behalf of the prison
ers in Jail, to object to the motion of
the District Attorney
The Judge then said:
''MR. ATTORNEY: 1t would have
been very great happiness to me. if
this action of the counsel had been
taken before. IT would have been a
relief and pleasure. The difficulty
is, that it comes too late. did not
suppose that General Sickles meant
to cast contempt upon the Court.
was not left at liberty, however. to
doubt that he elii me0n to deny the
authority OF the Court to plead the
military power Of the country rs su-
perior, IN the present condition Of
things, to the power of the law and
the Constitution. I had never cues
toned his candor, good faith or good
disposition to the Court or TO onr
people. But he has put in issue the
military power and the civil power.
martial law and tie rule of the Con
stltution. We are forced to accept
the issue. DO 50 with great respect
for him, and regret that which is now
moved had not been moved before.
The return is i'll possession OF the
Court, and / am constrained toacccpt
the issue presented Ivy the General. |
regret that | cannot grant the motion
OF the gentleman.
Counscls motion having been
granted, Marshal iIpping read tho
following endorsement upon the writ
of attachment served on General
Siclles:
l hereby return to this wit Of at
tachment that [ called with the at
{o,1r,art ~, Eo~n,,J