Delaware State journal and statesman. [volume] (Wilmington, Del.) 1855-1870, 1867-03-01
THE MURDER OF UNION SOLDIERS
IN SOUTH CAROLINA.

Mr. Pike, of Maine, on Friday night,
from the committee appointed by the House
of Representatives of the United States, to
investigate the circumstances attending the
murder of three Union soldiers in South
Carolina, on the 9Th of October, 1868, as
also by whose procurement and action said
reprieve and transfer and discharge were
made, and the consideration for the same,
and the reason therefore, and all the facts
connected with the same, and to recommend |
to the House .such action, if any, as they |
deem the case required, submitted report.
The committee detail the whole circum-
stances of the murder; the trial and convic-
tion OF the persons charged with the COM
mission of the crime; the communication oil
the sentence to imprisonment for life, and
their final incarceration in Fort Delaware.
The report then concludes as follows
Considerable delay occurred in the trans
fer 10 Fort Delaware, but whenthe prisoners
did arrive there Colonel Howard, who was
in command of the fort, was served with
writ OF habeas corpus from the United States
District Court OF Delaware, Judge Hall.
Colonel Howard was directed by the War
Department 10 respond to the writ. A hear
ing was had before Judge Hall, and the
prisoners were discharged.
The reasons for this extraordinary proce-
dure upon the part of the venerable judge
are set forth in his opinion, which is here
with submitted. He claims TO have had
judicial knowledge that the rebellion was
suppressed and peace restored in June, 1866,
and further that the civil courts of South
Carolina were open for the administration
of Justice at the time of the arrest and trial
of these murderers. But General Sickles
states that 'at the time there were no civil
courts in South Carolina that could have
tried them; neither the United States Dis
trict Court or Circuit Court, or State Courts
were open. Steps were in progress TO that
end, but they had not been consummated. "
1t is not within the scope of this report TO
review the legal grounds upon which the
opinion is based. Its assumptions are still
more offensive, if possible, than those OF the
Court in the Millgan case. 1t Is quite clear
that it does not tend to the iurtheranee of
the end of justice to have the fruits Of a
trial so deliberately and fairly conducted as
this appears to have been FILTERED away by
the will of single judge in distant sec
ton of the country.
The committee call attention to the report
of General Sickles in the Egan case, and to
the statement in his testimony of the ground
of his action. 1t is not difficult to decide
between him and Judge Hall. The vlgor-
1 GUS comments of the Secretary of War upon
the decision in the Milligan case apply with
, ,ull force to the decision of Judge Hall
The assassins, when discharged, returned
10 their homes, where they are still at large
= and no attempt has been made TO bring then
to trial by the civil courts. 1t is striking
Z commentary on the state of authority there
" ', that while, according to the testimony o
Surgeon Pillsbury, no doubt appears to hav
~ been entertained in the minds Of that com
munity of the guilt of at least two OF tn
persons discharged, they were all receives
ST by the inhabitants of the town with an ova
10 ton and congratulation, which terminate
Ut in general drunk"
For the purpose OF complying with th
~ latter portion of the resolution appointin
- the committee, and intelhgently recommer
=, ding to the House some action remedyin
- the evil exhibited in the history OF this cas-
it was deemed advisable to extend the il
nv auiries of the committee, and seek the test
mony of the officers in charge of the d
on partments into which the southern State
re- are divided. Amy law passed by Congre
: would necessarily be general in lis characte
lat and it was thought worth while to leaf
whether the acts calling for legislation we
! a merely local, or whether they were co-exte
As sive with the commands of the departing
ing Commissioners The testimony of Genera
tie Schofleld, Thomas Sickles Baird and Wo'
w. was taken by the committee, and is hei
with submitted They have had the b,
lch opportunity for obtaining information, DO
alt personally and also through the reports
of their subordinates, and they have been co
the stantly on the alert, MS the government
Ter, the country has been substantially und
their supervision during the greater porti
not of the time they have had command.
,ys The result of their experience and obs
bat vation is given in very forcible terms, a
the committee call the attention of the Hol
to their testimony, as they believe 1t {
A., safely be made the basis Of legislation.
900 would have been easy tc have fortified tn
Il. statement by statistics from the Freedme
- y, Bureau, but as the House is already In
,,., session of the valuable information TO
non obtained from that source, it was not dee
ed worth while to duplicate it here. z
-, testimony of these well-known witnes
' ~. exhibits the following proposition;
i First. That ior the punishment of or
was in these departments the courts cannot
relied upon. In cases where soldiers, Ur
men or freedmen are concerned justic
o"s practically denied, and offences of g
teo" character against them go unpunisl
l9I neither magistrates nor juries being dis
On'S ed to discharge their duties in this resp
IL :" Sesond. That up to this time there
been no change for the better, but rathei
the worse.
~ Third. That unless substantial juati
done to the laboring classes hereafter,
- to the Union men and northern men
a19' desire to go there to engage in business
-, terprises,no improvement in the state c
fairs can reasonably be expected.
-, Under such circumstances IT would
my, ,.n,o, TO be conclusively established that the
,.,1 material interests of the country, as VIZ
-, onr the highest considerations of huma
oen;,o call for the intervention of the authori
Ar ,,o,aral ovoyarnunant in the nnlv nj