The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-02-22

hope that all the surviving members Vi ILLS Sai-
liant corps will feel so much interest in this gath
ering that they will be puncsual in their attend
ancc.
4 CorFLIor or AuTHoRIrY.--The stctement in yes
&erdsy's paper in reference to Colonel CAREw, tho
&sheriff Of the District and General BENNETT, was
3founded on rumor, and was not altogether In &C
cordance with the facts. We have since seen Col.
CARsv himself, and ascertained from him the fol-
lowing particulars: During the recent session OF
the Sessions Court, JAhEs Fox was convicted OF
larceny, and under the laws Of the State, senten-
eed by Judge ALDaIcH to six months imprison-
meot and thirty-nine lsshes, to be inflicted In
three instalments Of thirteen lashes each. The
Sheriff notified the keeper OF the jail that he
would proceed to execute the sentence at ten
o'clock on Tuesday, goth inst, and accordingly re-
paired to the jail at the appointed time. He was
told by non-commssoned officer in charge that
he could not permit him to have access to the
prisoner. Colonel CAREw then went to the head
quarters Of General BEENErT, to ascertain
whether the interference with the execution OF
the laws which had been restored BY the joint
prooamations of the Provisional Governor and
General GILIMonE then in command OF this De-
psrtment, had been made by authority. General
BENKErr being absent, Colonel CAREw stated his
business to Captain BunoEH, the Adjutant, and
was informed that the matter was referred to the
Major General Commanding, and that pending his
consideration ofthe subject, and until his decision
was declared, tue punishment could not be in
Ricted.
In connection with the above, and i'll more full
olsoidstion OF the position taken by the military
authorities upon the subject, we publish the sub
Joined letter from Captain N. n. RICE, A. A. A.
Gen, Military District of Charleston, TO culonel
CAnEw, Sheriff OF this District:
HRLDoUARTLEs rs, MILITARY DIsraICr OF
CTAuLESroS, DISr. OF s. c.,
ASSISTANT ADJcrASr GESkRALs OFFlck,
CHARLE>TUN, >. e., February l9tn, lSot.
JOIN z. CAaEw,
Sheriff of the D,stufcs Of Chd'leSlyn.
Sln,-The B,. Major General COMMANDING has
been informed that you propose TO lnhlct tho pun
ishment OF SO lashes upon person named Charles
Fox. now confined iu the District Jail, pursuant to
q sentence of the Court OF General Sessions, MIR.
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 us violation OF
General Order No. I, dated headquarters, Depart,
ment of South Carolina, Jan. 1st, 1866, and
promptly dealt with ~ such. Punishment OF the
lash cannot be il Miicted in this city upon any per-
con while the military authority continues in force.
The Courts OF South Carolina cannot have the
assent, either expressed or implied, OF the mill
tery authorities, Of punishment unknown to the
laws Of the United states.
am Sir, very respectfully, your
obedient servant
II. N. RICE,
/ Capt a5th o. s. C. T., A. A. Adjt. Gen.
may exist i'll reference to the facts Of this case,
and would state, for the information Of our read
ers, that the punishmests imposed by His Honor
Judge ALDRIcH, We're not OF his own motion, With
respect at least, to their character. The penalty
for the crime OF larceny in Lis State has always
been whipping. The common law o! England Was
adopted by al Act of the Colonial Legislature as
the rule of punishment i'll large number OF cases,
among which was the crime of larceny for which
by that law the punishment of la-iirs WAY int-
posed, and snh has 5o-n the punishment for :liAs
offence to the present trIr, without authority in
the Judge to make nuy other modification than to
increase or diminish their number, as the case
may have been more or less aggravated. 1t may
be q question whether the laws Of this State
should have been mndic | to suit the spirit of the
age, OUT CIVIL INV DeitlS CO1FlC-
tion occurring the Judge hal no option Sut to i'm
pose that penalty.
Our R..orHEn Local to judge by biz letter in
Yesterdays Nhws, appears to have had pretty
tough time on his las. trip; This is what we should
call travelling nnAcr difficulties. But what
possessed him to sc, on. with trainful OF dis
banded volunteers, of all people on ea1th the
most dcmoraliz"L. - .aA ~ his case was it
might have hccn v,rsr. - earn that the con-
ductor of the ,r. N : -, % day, was robbed
Of $1,000 by somr ia:'T q. PARTIES unknown. As
the money WAS III ",'...; hox it is supposed
that it must hay reao 'hspuatuhted by some
one not afraid 10 lIai, ;tIe, OH strong place.
The assaulirr :: t. "a: 81 ;.c'. met with
s.4.x4uAr rucc.s. snc = ,t',i,c>r, We oeubt not,
corn csDity ,si.- Hf.-.!. r1r the conductor