The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-07-11
The Daily News.
WEDNESDAY MORNING, JULY H. 1866.


WEDNESDAY MORNING, JULY ii, 1866.
UEitcd States District Court.-Juiy lo, 1906
On motion of the District Attorney, Colonel
HA1sLANp ToMpk1Ns, who has already practised
in the United States Courts of Tennessee, was ad-
nitL.d to practice in this Court
The District Attorney rose and addressed the
Court follows:
do not represent any individual, but I feel it
y,y duty, from the position which occupy, and
<,icus c,iJ'ig, to move that instead OF receiving
tho return OF the Marshal on the attachment
x9ainst Gen. Sckles, rule to show cause be
granted, to be served on Gen. Sickles, to show
why an attachment for contempt should not issue
parties, the rule be made returnsble at the expi
alton Of ten days. An attachment, to say the
least of it, is harsh and unusual MEASURE except
where there is wiful and deliberate contempt,
and the party is suffering other Inconvenience
besdes loss of liberty and believe it is
-ouly technical and that Gen. Sickles occupies the
position of soldier believing that he is disoharg
ing his duty to his superior officer and to his ooun
try. / think that this motion can meet with no
opposition from the prisoners counsel. On behalf
OF the Government, 1 would suggest that all the
branches of tho Government should act in unison,
and that the judiciary and the military should not
have the appearance of acting in opposition to
each other. We have just passed through terri
ble war, to use no harsher word, and the elements
are just settling down. move, therefore, that
rule to show cause be granted and that it be made
'returnable on Thursday week.
Gen. CONNER rose and addressed the Court in
reply, as follows
The motion OF the District Attorney involves him
self the Court, and ourselves in embarrassment. It
Is indeed singular proceeding that after an order
has been issued and an attachment served under
it, that a motion should be made to set aside the
return to the attachment and issue different order
Instead. This is PROPOSE ion to consider whether
the order for attachm ent should have been made at
all. That question cannot be made without cause
shown. Now reason whatever is given for this
from GEN sioElos. II GEN siokIes viii cause the
ceeding in attachment We do not care about the
attachment We wish the prisoners to be pro-
dueed and fair trial to be given them. The rule
asked for cannot issue now. What right have we,
and with all due Difference, we would ask what
right has the Court to keep the prisoners in jail
ty of the military prevail over the liberty Of the
oItizen2 Ten days have already passed since the
writ writ was issued. The case has been already
twice postponed, and tho Court is now asked to
modify it's rulings, and reverse it's Judgment, and
all the time to keep the prisoners in jail. The
Seaa to p the a must be made Gen
oan be no difficulty. We must, therefore, on be-
half OF the prisoners, oppose the motion Of the
District Attorney.
Judge BRYAN then gave his decision as follows
motion had been made before; but regret ex-
-oealingly that it is now too late. had not sup-
2"net 22n;; that Gen. sickles had meant to commit
dell crate con tempt against the authority Of this
Court, but now am left no liberty to doubt that
nc has taken issue with this Court and that he
INT nds TO depend upon the military authority as
superior to the constitution and law Of the land.
l have never Questioned his oandor and good
fai'h, and good disposition to this Court and to
Tue people. The lssue however, has been made
between the military authority and the liberty of
the citizen, and I must accept the issue. With
am forced to make the decision which / do make
and that cannot accept the motion Of the Dis
triot Attorney.
The District Attorney explained that he had
Imade the motion after serious consideration of
what was his duty in the premises, and that, not
haVing heard any return read, though he con-
fessed he knew what the return WAS, he thought
it not too late for reconsideration.
jude BRYAN expressed himself Obliged to the
District Attorney.
Hon. ARM1srEAD BURT then moved that, with
view to further proceedings, the return of the
Marshal be read, which w:.s accordingly DONE
The return stated in substance, that the Mar
shal had served the attachment on General SICK.
LES, and that he had refused to be arrested and
had endorsed his refusal on the back of the war.
rant, putting it on the ground Of orders from his
superiors.
Hon. ARM1srEAp BURT then addressed the Court
follows
On hearing this return, We suggest to the
Court that certified copy of the Iroceedinps
already had in this case be forwarded to Ire
President. The issue is now clearly made A
mere agency OF the Executive Department of the
Government takes issue with the Judicial Depart-
-ment goeI The Court has exhausted the power CON
to do anything further without an appeal to arms.
We regret exceedingly that the distinguished Off
Ger, to whom the mandate of the Court was di-
rected, has thought fit to preclude the argument
OF great questions that he has preferred to re-
fuse to obey this Court We had designed to hold
debate with the miIitary-we had designed to
know aud ascertain whether the military authori-
ty is superior to the civil in time of profound
peace, and whether we live under military des-
Potsm, or under the government of the law This
question has been precluded. We consider that
there Is but one course left to the Court and that
is the one we have suggested. T submit respect-
July. fully and nc humbly to the consideration of the
the President of what has been done, and there
fore respectfully submit the motion already
made. N'
Judge BRYAN then spoke as follows:
There is no alternative left this Court It's
power is only moral: 1t represents the oonstitu-
lion and the law. If not upheld by the co-ordi-
h nate S branches Of the Government, aud sustained
Dy the people, it is powerless. It depends unon
the love OF liberty and the sense OF Fight in The the
great heart OF free people. It has no bribe to
n