The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-30
Justice NcIson ana General sich,e..

From E< National {n.tlliysncGr.l
SOME OF tho Radical journals profoundly al
fected by what they wonld represent a. most
scsntalons invasion Of tho high prerogat;ves OF The
late aw.maker Of tho Caralinas, Ala ajor. tlonoral.
sickles. An unfortunate negro was shot by n
white man. for which offence the lalicr arrest
cd and tried by rourt martial, aud sentenced to
death. The son,onco waY committed 10 imprison-
meut for lfo, anu tho prisoner sent to tho
Albany Penitentiary. a writ OF haheds corpus was
obtained, and Justice Nelson, OF Tho United States
Supreme Court, not having tho fcnr OF tho court
TO add to the hOinonaness OF this judicial offence,
Justice Nelson did no. consult with his High
| Mightincss OF tho Carolinns. Tho prisoner, dis
to his homo. He was forthwith rearrested by or
| der OF General Sickles, aul thrown into Castle
PInckney. Tho facts were brought before the
| President, AMI no yenturel without consultation
with General Sicklea, to order his releasei and this
is also pronounced an unpaidonable offence;
We know nothing about tho facts OF the a lle8ed
murder; but VIC do know something about courts.
martial. We remember that nt tho instance OF
Pardon Worsley Q, notorious bloekade-runncr,
chants Of tlis city aud Of baltimore were brought
before military court in this city and convicted,
and several OF them sent to the penitentary,
while moro would have been seMt but for the
timely interference OF Mr.. Lincoln. 10 arraieA
was to convict, and to convict was to win tho ap-
no Intelligent man familiar with the facts who be-
lieyes onG of those convictions just.
Wo huve no doubt that Justice Nelson exercised
wise discretion in hearing The habeds corpus and
In discharging the prisoner. And it strikes rs
that things have como to pretty pass, indeed, il
q United States judge cannot exercise his fllnc-
tlons without being arraignnd tor not taking q
military officer into consAtat alton with him. II
shows II curious mental condition in an American
freomau to censure tho President of tho United
Sutes fur vindicating tho action OF Federal judge
by making good his dis ,harRo o oh writ Of hI6eas
corpus, against the arbitrary order OF u suborli-
nato Of tho Executive.
0oneral Scklea himself was not satisfied with
the sontonce OF his court fur he coun'uted it nto
imprisonment for life. n 1t was tho wanton m,ir-
,, der IL is represented, why was The commutatiG
mado2 But tho rcal point which we invite tho
| calm Judgment OF our counirymen il the effort Il
subordinate tho decision VI tho United States
Judge 10 the will of an officer; to supplsnt the au
! thority OF q Federal Court by the dirum of
court-martai; to substitute the order Of aoldie
! for duo PROCESS OF law Tho samo outrage on fret
government is now uphold aswas porpotrated b,
General Siokles when he bade bis subordinate O
Wilmington defy tho process Issued undor the au
: thority OF the Chief Justice For q Judge to waiy
tho exercise OF his judicial discreton In order I,
/ consult with such a man is to insult justico 1,
: loTer tho dignity of tho courts, to tramplc on tn
majesty Of law, and tosacfifce aelf-rospect wliI
: paving homage to arbitrary power. Thank Heaven
: the judiciary Of tho United 6taios have not yo
= learned to take their interpretations of law fror
: | the lips Of a soldier.