Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-04-21
THE MILITARY AND THE JUDICI-
AIRY OF SOUTH CAROLINA.

THE MILITARY AND IaE JIDICI-
AIRY OF SOUTH CAROLINA.
There is no penitentiary in the State Of
South Carolina, and never was. Their sys-
TEN of punishment has been, from the be-
ginning, for the more serious offences, death;
for the lighter grades of felony, impris SON.
ment; for the less fragrant, flogging at the
public whipping post and imprisonment;
and for the more trivial, pecuniary fines
These laws of that State have not been
changed or abrogated, and 50 far as the State
Judiciary are concerned, who are sworn to
administer them, there is no alternative.
Some weeks ago court was held at Char
lestCn for the trial of criminal cases, wherein
Judge A. p. ALDRIcH presided, in the
course of which several white persons were
tried and convicted of larceny, and receiv-
ing stolen goods, the punishment of which
is whipping and Imprisonment. At the
close Of the court the parties were
brought up for sentence and the
Judge proceeded in the discharge of his
duties, to announce the law and the punish
ment provided in such cases. The next
morning and before the execution of the
sentences, he was notified by the Military
authorities that there was military order
existing, which prohibited the infection Of
corporal punishment upon any person other
than minor, and then only by the parent,
guardian, teacher or one to whom such
minor is bound as an apprentice-which, ii
is needless to say, prevails.
At subsequent Court in the District Of
Newberry, in his charge to the Grand Jury,
Judge ALDRICH recounted these facts with
great minuteness, giving all the correspond
ence which had passed between himself and
the military authorities, and concluded as fol-
lows, adding the necessary orders to close the
courts until the next regula, term
"Under these circumstances do not see
the use of holding courts, if the judgments
and sentences of the Courts can be reviewed
suspended and prevented by the General
commanding; then the reopening of the
courts and the administration of the laws is
a mere mockery and a farce. 1t will not
only be ridiculous exhibition of Judges to
ride round the State for such purpose, but
it will be criminal expenditure Of the ex-
hausted revenues of the State 70 pay jurors,
witnesses and constables to play for solemn
farce. The Judiciary is a separate and in
dependent department of the State Govern
ment, and so long as | am entrusted with
the administration of justice in South Caro-
lima, | will endeavor to maintain the char
acter and dignity of the office as has been
done by the Judges who have preceded me.
If every General commanding District, or
Lieutenant acting as Provost-Marshal at a
court house, can call Judge of the Superior
Court before him, and say you must revoke
such a sentence, or such punishment pro-
vided by the law of the State shall not be in
flicted, then | will not holC the Courts
will not permit the State of South Carolina,
in my person, to be degraded and Inundated
by any such military oppression and tyranny.
1t was wise in Chief Justice Chase and
one Of the other judges of the Supreme
Court of the United States, to refuse to hold
the courts in the States where martial law
was reclaimed, because they apprehended
that the interference of the military would
bring the court into disrepute with the
people. This refusal was made by Judges
in accord with the military authorities.
But we, more trusting in the consciousness
of the good faith in which we had accepted
the condition, determined, in our humilia-
ton, to do right, and not doubling that we
would have the sympathy and support of
all good men, be they soldiers or civilians
went forward to perform our judicial duties;
the very first court proved how false was
our judgment and how much wiser it would
have been to have followed the examples
of the judges of the Supreme Court of the
United States.
The question is, shall go on and play my
part iii this farce? | am one of an indie
pendent Department of the Government, and
while it will pain me to differ from those in
whose Judgment | have the highest conf
dence, yet | must Judge for myself, and
am resolved not TO allow the judiciary De-
partment of South Carolina, which has ever
maintained its dignity, to be Inundated in
my person-and therefore | stop here.
do not mean to say that the other Judges
should not hold the courts in the circuits as
signed TO them but ! will say, that if they
continue to hold the courts, after they have
been interfered with, as ! have been, | will
be greatly mortified and disappointed. |
know and feel the Importance of holding the
courts, of showing TO the lawless and reck-
less that law is again asserted in the land
but | also know and feel that greater evil
can befall us than the temporary suspension
of justice. 1t is u greater evil to bring the
courts into contempt before the people.
10 10
Court dispersed by some military officer,
because a sentence is imposed which does
not accord with his sublimated view of hui
mainly and justice? VIII it not be a greater
evil to see the Court broken up, because
the Judge decides that negro testimony is
not admissible? All these considerations
appeal to me, and having made up my
mind that the lesser evil will be to suspend
the Courts until the President can deter
mine this conflict of authority, | will no
proceed further in my Circuit. | will,
therefore, order the Petit Jurors to be dis
charged, and will receive any presentments
that you may think proper to make. In
the meantime, | trust his EXcellency, the
Governor, to whom | have made a full re-
port of all these matters, will make such
representation to the President as will re-
ieve us from the evils and oppression under
which we now labor.
There are several subjects of general in
terest, which it would give me pleasure to
bring to your notice,-such is the condition
of the country, the necessity to accept truth
fully and manfully the results Of the war
and to work out our destiny in good faith,
patiently, earnestly, economically; the
question of labor, the subject of restoring
our destroyed public records and buildings,
recognizing our district police,-all these
matters are Of peculiar interest now; but
forbear te touch on any of them, because
you are powerless to act and any sugges-
tons which l may make will simply be
waste of words. | can only exhort you to
patience, to dignifed endurance, and to a
firm reliance on a returning sense of jus
tice"