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

him at my place of residence, Wnlle III the
city, Mrs Gidere's Broad-st.
Respectfully, your obd't selV
A. P. ALDRICH."
Lieut. Gelse.
The next morning Lieut.. Geise called on
me- and was shown to my room. He inform
ed me that he had received my reply to his
note of Yesterday, and that ne was directed
by Gen. Bennet: to call on me in person; say
that he was very much engaged in his Office,
expected to leave town, present his comPll-
ments, and respectfully ask me to come to bis
Office, as he wished to see me on public ousl-
ness of the nature of which he was not in
formed. / asked him what hour the General
had appointed to see me? He replied imme-
diately. l then said, have no alternative l
am ready to go now. To which Mr.. Geise
politely answered, "Judge, consult your own
convenience" IrJoined, as my presence is
required, one hour will suit me as well as an
other. The Lieut.. conducted me to the head
quarters, the residence of the late Judge King,
on the corner of Meeting and George streets.
Iwas presented by him to Gen. Bennett, who
received me politely and said, that he had
seen my reply TO Lieut.. Geise, the Provost
Marshal, which he considered disrespectful.
answered l am sorry you so regard it, Gen.,
as I intended it to be entirely respectful. He
said, Il think it rather curt then remark
ed, that the office of Judge of the Superior
Courts of South Carolina had always been
considered position of great dignity and re-
sponsiUiiity, that those who had preceded me
had maintained the dignity of the station, and
that I was not inclined to depart from their
example. Iadded if had been in Charles
ton on my private affairs, and he had sent a
private soldier to request my attendance at
his Office, or directed his Provost Marshal, a
Lieut., to write me note making the same
request, would have had no hesitation in
complying. But that was in Charleston in
my official capacity, and in the actual dis
charge Of my duties. That thought some
thing was due to the dignity of my office,
and that he might at, least have addressed
note to me under his own hand. further
said, that not only here, but I believe through
out The United States, Judge of a Sa-
perior Court was considered as the equal in
rank of Brevet Brigadier General. He then
asked me if did not recognize the authority
of the United States Governme, t in the State?
replied thatI did, that was forced to do so.
lie then said represent the Goverrment,and
although it would have given me pleasure to
call upon you, I yet think your reply might
have beer less curt. l answered that was
not mailing question of rank, but simply
bringing to,his view what was due to my Of
6ctal station, that my reply was TO note of a
Lieutenant, acting as Provost Marshal, and
not to him, and that represented the Judi
cial Department: Of the State.
He then drew my attention to report of
the sentences passed by me in the Court of
Sessions, which had been published in the
Daily News, and asked me if the report was
correct? Adding, these reporters sometimes
make great blunders and we are led into error.
l replied, the sentences are correctly reported.
He said, supposed so, as sent the Provost
Marshall to the Clerks Office to examine the
Records and he so reported. He then said,
I am requested by Gen. SickleS to request you
to revoke these sentences, as they are in gio-
lation Of his Orders, and not consistent with
the advance of civilization and the humanity
of the age. replied, that had never seen
Gen. Siekles' order, but that if had it would
have made no difference, and that could not
revoke the sentences; that the punishment Of
whipping was provided by the Law, that as
the presiding Judge I could not dispense
with it, my only discretion being the number
Of stripes to be inflicted, and the length Of
time to be imprisoned Hethen handed me
Gen. SicSes' order No. l, OF the 1st January,
1866, and called my attention TO- paragraph
xviii. "Corporeal punishment shall not be
inflicted upon any person other than minor,
and then only by the parent, guardian or
teacher, or one to whom said minor is lawfully
bound by indenture Ct apprenticeship" 1
answered that had heard of the order, but
that I supposed, and l believed it was the
general opinion, that it applied only to ne
groes, and that the persons sentenced by the
Court were white people, who had violated
the law of the State. He said the order was
general in its application.
l then explained to him the division of our
State Courts into Law, Equity, Court Of Ap-
peals, and Court of Errors, that each of these
Courts had its exclusive Jurisdiction, and that
all Of the Judges were of equal rank and dig
nity.z He asked if the Chief Justice was in
town. and if be was not Of superior rank? l
replied that the Chief Justice was in the city,
but thatb was not Of superior rank to the other
Judges, that he presided in the Court of Ap-
peals, which is separate Court, and in the
Court of Errors, which is composed of all the
Judr,s, and that in that Court each Judge
had the same rank, dignity and authority
that the Chief Justice possessed. He then
asked If there was no way of TeYoEing the