The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-03-28


law restored by the invitatian of the Govern
ment and the Military Authorities said
further, there is but one way in which the
whipping can be avoided, and that is by ap-
plying to Gov Orr to exercise his Constitu-
tional power and grant pardon. l added, it
may also be avoided by your taking the pris-
oners out of the custody of the Sheriff He
then said, understand you to decline 10 re-
yoke the sentences. Ireplied yes, have no
power to do so, the prisoners are beyond my
reach, and | have adjourned the Court. He
then terminated the interview by saying, that
the conversation would be reported to Gen.
Sickles, and that might hear from him in
the course of the day, he also said there would
be no restraint placed on my movements, in
reply to an answer which l made as to leaving
the city.
This is the substance of the conversation
which I had with Gen. Bennett, and it is also
proper to mention, that his manner and that
of Lieut.. Geise was respectful, polite and
courteous. heard nothing from him either
that day or the next Monday, Mr.. Carew,
the Sheriff, and myself, had consultation,
and we agreed that the most respectful and
judicious course to be pursued, to test the
question of authority and terminate the con-
flict of jurisdiction, was for him as Sheriff, to
give notice to the United States officer in
command of the Jail, that he would proceed to
execute the sentence of the Court, the next
day at II o'clock. He informs me that he
wrote note to that effect and proceeded to
the Jail the next morHing for that purpose.
He reported tc me that the next morning he
did repair to the Jail at the appointed time,
and was informed by the commissioned
officer in charge, that he could not permit
him to have access to the prisoners. He then
went to headquarters to ascertain if he was
excluded by authority, and if he was to be
prevented from executing the laws, which
had been declared of force by the joint Pro-
carnations of the Provisional Governor of the
State and of General Gilmore, the U. S. Off,
Ger in command of the Military District. The
following official communication has been sent
to him: ...
''ITEADoCARTERS, MHITART DISTRICT OF
CHARLESTON, DISTRICT OF S. c.,
Assistant Adiutant Generals Office,
Charleston, S. c., February 10, 1856.
JonS E. CAREw, :.-. ....
Sheriff of the District of Charleston,
Sir. The Brevet Major General Command
ing has been informed that you propose to in
fict the punishment Of SO lashes upon per
son named Charles Fox, now confined in the
District jail, pursuant to sentence of the
Court of General Sessions, Mr. Judge Aldrich
presiding. -.
The officer in command Of the Jail has been
notified not to permit this punishment, and
the sentence cannot be executed,
ANY attempt by you to execute elsewhere,
this or similar sentences, will be treated as
violation of General Order No. l, dated Head
quarters, Department Of South Carolina, Jan
ist, 1866, and promptly dealt with as such.
Punishment of the lash cannot be inflicted in
this city upon any person while the military
authority continues in force. The Courts OF
South Carolina cannot have the assent, either
expressed or implied, of the military autho-
rites, of punishment unknown to the laws
Of the United States. ..
am, sir, very respectfully, E
Your obedient servant,
.. MN RICE,
Capt. 35th U. S. C. 7. A. A. Adj't Gen" ~
Now here is not only an actual Interference
with the authority of the Court, but its Ex-
ecutive Officer, the Sheriff, is threatened that
if he attempts to execute the sentence he will
be promptly dealt with. And this, too, in the
face of the Proclamation of Provisional Gov
ernor Perry and the orders of Major General
Gilmore Governor Perry, on the 20th OF
July, 1866, said, "And T,do further proclaim
and make known, that the Constitution and
all laws of force in South Carolinaprior to the
secession of the State, are hereby made Of
force under the Provisional Government, ex-
cept wherein they may !nfiict with the pro-
visions of this Proclamation. And the Judges
and Chancellors of the State are hereby re-
quired to exercise all the powers and perform
all the duties which appertain to their respec'
tive Offices, and especially in criminal cases.
1t will be expected of the Federal Military
Authorities now in South Carolina, to lend
their authority to the Civil Offices of the Pro-
visional Government, for the purpose OF en-
forcing the laws and preserving the peace
and good order of the State And on the
9Th Sept, '65, Maj. General Gilmore, then in
command of the Department, sustained the
Provisional Governor by issuing his General
Orders No. 80, in which is this paragraph
90. The Civil Courts may be re-opened, and
all Civil and Municipal Officers who shall have
taken the Amnesty Oath last prescribed, and
who, if they belong to either of the classes
excepted from amnesty, shall have received
executive pardon, will be allowed to resume
the exercise of their official duties, under such
of the -laaos Of South Carolina in force inane-
diately before the 17th day Of NoU., 1850, as
are not inconsistent with the laws of Congress
and the 2roclamations of the President, which
laws and proclamations are in all cases to be
respected.n
! had intended not to proceed beyond COL
unbia, at which place proposed to bring to