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

not only be ridiculous exhibition for Judges
to ride round the State for such a purpose
but it will be criminal expenditure of the
exhausted revenues of the State to pay ju-
rors, witnesses and constables, to play such
solemn farce. The Judiciary is separate
and independent department Of the State
Government, and so long as I am entrusted
with the administration of justice in South
Carolina, / will endeavor to maintain the cha
racter and preserve the 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 Court House, can call a Judge
of the Superior Court before him, and say you
must revoke such sentence, or such pun
| lshment provided by the law of the State
shall not be inflicted, then viii! not hold the
Courts, / will not permit the State of South
Carolina, in my person, to be degraded and
humilated by any such military oppression
and tyranny. - @-< .-. ..--'-.< / .s. 49,,
Itwas 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 pro,
claimed 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 trust
ing in the consciousness of the good faith in
which we had accepted the condition, deter
mined, in our humiliation, to do right and
not doubling that we would have the sympa-
thy and support of all good men, be they sol
diers 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 fol-
lowed the example of the Judges Of the Su-
preme Court of the United States. The ques-
'tion is, shall 50 on and play my part in this
Farce? am one of an, Independent Depart.
ment of the Government, and while it will pain
me to differ from those in whose. Judgment /
have the highest confidence, Jet must Judge
| for myself, and am resolved not to; allow the
Judiciary Department of South Carolina,
which has ever maintained its dignity; to be
humiliated in my person-and, therefore, I
stop here. - r.f ' - ~,.4''.as'@
I do not mean to say that the other Judges
should not hold the Courts in the Circuits
assigned 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. ! kno"
and feel the Importance of holding the Courts,
of showing to the lawless aad reckless, that
law,is again asserted in the land; but, / also
know and feel, that greater evil can befaA
us than the temporary suspension of justice.
1t is greater evil to bring the Courts into
contempt before the people. Will it.not be
greater evil to see this Court dispersed ~
some military officer, because a sentence is
imposed which does not accord withShls sub
limated view Of humanity ard -juetice:? i'll
it not be greater evil to see the Court broken
Nd, because the Judge decides that negro tesS
timony is not admiSsable? All these consid-
erations appeal to me, and having made up
nv mind, that the lesser evil Will be to susc-s,
pend the Courts until the President can de-
terrnrine this conflict Of authority, / will not
proceed further in my Circuit. I will there
fore order the Petit Jurors to be discharged, ).
and will receive any Presentmehts, that you
may think proper to make. Ia the mean 2
time, trust His Excellency the Governor, to
whom I have made a full report of all these
matters, will make such q representation To-
the President as will relieve us from the evils
and oppression under which we now labor: =
There are several subjects Of genera, inter.
I est, which it would give pleasure to bri'.s-
to. your notice, such as the condition Of the
country, the necessity to accept truthtaHy7
| and.nanfulIy the results Of the war, and to
work out our destiny iu5good faith, patiently
earnestly, economically; the questionOf labor,
the subject ofrestorifg our. destroyed Public
Records and Buildings, recognizing our Dis
| trict Police, all these matters are Of peculiar
inaarest now but. j forbear to touch on any
of them, because you are powcrless to act,
and any suggestions which may make, will
simply be waste of words. l can only ez-
hort you to patience, to digniied endurance
and to firm reliance on returning sense .St
Justice. -: ... ...-- :-~.. -
Mr.. Clerk, make out:the certificates for the
pay of the Jurors and enter the following Or
der: 49,. - -.'.-
sSyrn Ssr5s.s4 3AB1h'sA' B'2Fa;sf' the Sessions
By the Court, ..~ ...---.. 4. -.
The sentence of the Court in the case of
'HI'he Statesv. Charles Fox" "swho was con-
v1icted of Larceny at the January Term OF
this Court in Charleston, having been pre-
vented being enforced, by order Of BrE't. MAJ.
Gen. DevcDs, commanding the District and
the said order having been approved by Maj.
Gen. sickles, commanding the Department;
the Presiding Judge, to whom. was assigned
the duty of holding Courts on the Middle Cii-
~,