The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-12-26
Conflict between Wake superior Court
and the Milthry.

OH hiOuSldy idSt, all of0k iSSuose " NSii'
Sickles, commanding thlS department, was
handed to Judge Fowle \ order Of the Mil
itary Commander here, pshibiting infiction
of corporal punishmentl On Thursday,
telegram from Gov. Woth at Washington
was received by the same Judge, saying
"that the order was rescinded, you may pro-
ceed with the punishment" Whereupon
one Cornelius Walters afreedman, 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 rJscission of the
e.der of his superior IN cpmmand, Ge9
Sickles, was n0uueu by "a staT Officer,
who happened to pass the, Court House,
that corporal punishment was about to be
inflicted upon the freedman, Walters. Maj.
Wells was Immediately despatched to pro-
hibit it, aud he arrived in time to prevent
the Sheriff from striking a 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 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 ofindictment
for contempt of Court.
The negro at the stocks being held for a
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. Bomtord 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 Sickles' order has been
revoked, he will enforce it.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.
Tho ordor Of noy, C;cLJoc until of,c;a11y
revoked, is the supreme law. 1t would not
be, if this State were in the enjoyment of all
its privileges as member of the Union; but
l. -. na-,tai.s
extent, and the orders of the commander-in-
Chief through his subordinates, must be
obeyed by all until officially revoked.
1t is not our purpose to censure any one.-
But it was unoficially 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 e6ieial 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, OF. r.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 ifthey 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
paramount in all things to the military
power.