The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-30
Justice Nelson and General Siskles
Ir.o, H., Nnkionul IutslLioenr,r

From The Nd(eondl inteAHgencer
Some of the Radical journals arc profoundly ar-
fected by shat they would peprssent .as s most
scandalous invasion OF The high prerogatives OF the
late lsw.maker OF the Carolinas, Major General
Sickles. An unfortunate negro was shot BY q
white man, for which offence the latter was arrest
ed and tried BIZ court martial, and sentenced to
death. The sentence was commutcd to impriaon-
ment for life, aud the prisoner, WAS sent t the
Albany penitentiaey A.writ okfabeds oojpaswas
Supreme Court, not having the fear OF the court
martial before his eyes, discharged the prisoner,
To add to the Nervousness Of this judicial sofenee,
Justice Nelson did not consult with his High
Mightiness OF the Carohnas The prisoner, d.s,
10 his home. he was forthwith rearrested by OK
der Of General Slclies, and thrown INTO Castle
Pinckney. The facts were Tongh before the
President. and he ventured without consultation
with General Siekles TO order hls release; andthis
We know nothing about the facts OF the alleged
murder: but we do know something about courts.
martial We remember that at the ipstanee Of
Pardon worsley, a notorious blockade-ruhfer,,
| some twenty odd and more OF the prominent mer-
chants of this city end Of Baltimore we're brought
before military court i'll this city and conYicted.
| and several OF them sent to the penitentiary.
while more would have been sent but for the
| timely interference Of Mr.. Lincoln. To arraign
was to convict, and to convict was to win the ap-
proyal OF the ruthless Secretary OF War. There Is
| no intelligent man familiar with the facts who be-
| lieyes one of those conviotlonsiustS
We have no doubt that Jpstide Nelson exercised
wise discretion in hearing theh a5sus corpus, and
| in dischareing the prisoner. And, il strikes Us
that things have, coIaeto aprattypnss, indeed il
q United States Judge cannot exercise his f;lilc-
ftions without being arraigned tor not stakings n
4military officer into consultation with him. Il
I 1aA,,,i
| freeman to censure the President of the United
States FOR vindicatinH the action OF Federal Judge
| by making good his discharge on writ OF hQbeas
| corpus, against the arbitrary order of subordi-
nate of the Executive ,.......
the sentence of hs court, for be commrGed it int
Imprisonment for life: II 1t was the Wanton muir
| der it is represented, why was ihe communication
made2 Bit the real point on which wei invite the
calm judgment of our countrymen is the effort IL
subordinate the decision of the United States
i%uorsv % e OF ia Fedsrai Court bs siis dictum M Of IT
caurt-martal; tosubstitute theosde1 Ola soldier
for due process OF law. The same outrage on free
| General Sickles when he bade his subordinate a,
Wilmington DEFY the process issued under the an.
thority of the Chief Justice. For Judge to waive
the exercise of his judicial discretion In order tc
consult vita such u man is to insult Justice, tc
lower the dignity of the coultst to tranpleon tht
majesty OF law and 90 sacrifice sulf-respect whfft
paying homage TO arbitrary power. Thank Heaven
the Judiciary Of the United States have not We
learned to take their interpretations OF law from
! the lips Of 3 soldier. - -
------><>-
The other day the rare instance of q buriattkir
ty years after death occurred at Berlin. The deat
who fingered so long above ground is 1,AcaTri
LEVIN, the celebrated beauty, .slhoress and wit
the wife Of the Iaie HERRIN Vos s4Asxa aassswsl
known as plu'sian diplomaast and swritsr 70 8
contemporary history. Having q. mortal sfsar' Z
being buried alive, the lady ordered in hel testa
ment that the upper part Of her coffin should b
made with glass window, the coffin CONSTANT
watched for month after death a.:l d. posted i
O special hail Tor a period OF thirty years. A
which was duly carried OFT.