Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1867-02-28
THE SOUTH CAROLINA MUIR
DEHiS

The select committee of Congress to in
vestigate the case of the murder of the Union
soldiers in South Carolina, the persons con
victed Of which were discharged by Z. S.
Judge Hall, have made their report. They
rccite the facts Of the case, which we have
heretofore stated at various times, and come
to the following conclusions +
First. That for the punishment of crime
in these departments the Courts cannot be
relied upon. In cases where soldiers, Union
men or freedmen are concerned, Justice is
practically denied, and offences Of grave
character against them 90 unpublished, neith-
er magistrates or juries being disposed To
discharge their duties in this respect.
Second. That up to this time there has
been no change for the better, but rather for
the worse.
Third. That unless substantial Justice is
done TO the laboring classes hereafter, and
to the Union men and Northern men who
desire to go there 10 engage in business en-
terprlses, no improvement in the state of
affairs can reasonably he expected.
Concerning Judge Halls discharge of the
prisoners, the report says:-
The reasons for this extraordinary pro-
cedure 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, S65,
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 lat the time there were no civil courts
in South Carolina that could have tried them,
neither the United States District Court nor
Circuit Court, nor State court we're open.-
Steps were in progress to that end but they
had not been consummated."
II 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 Milligan case. 1t is quite clear
that II does not tend to the furtherance of the
ends of justice to have the fruits of a trial so
deliberately and fairly conducted as this APP
pears 10 have been, FILTERED away BY the will
of single judge in distant section of the
country.
The committee call attention to the report
of General Sckles in the Egan case, and Ia
the statement in his testimony of the ground
OF his action. 1t is not difficult to tlccid,
between him and Judge Hall The vigorou.
comments Of the Secretary of War upon the
decision in the Milligan case apply with full
force to the decision Of Judge Hall. Tn,
assassins, when discharged, returned to the
homes, where they are still AT large. and M
attempt has been made to bring Them I,
trial by the civil courts.
One OF the most remarkable passages il
the report is that referring to the transfer Q
the prisoners from the Tortngas to Fort Del
aware, The reason for this has never bee
explained and is passed over by the repor
with the following brief allusion eth
} Secretary of War, in his testimony. give
the reasons for this transfer" The testim,
: ny, however, is not published, and we al
, curious to know what it is The Presidei
ordered the removal to Fort Delaware. aft,
t. having committed the death sentence to in
S prisonment for life at the 70rtugos. WI
g did he make such an order? Was there al
II other reason than that he knew the opinit
/ OF Judge Hall, or believed he did? Seer
st tary Brown ming had n fee of $1,000, TO inte
cede with the President lie might ba,
&c been posted up as to the views of the L.
3 District Court of Delaware.
5, We referred, at the time of the discb,rc
y to the fact that there was direct conflict Il
e, tween the President and Secretary Slant,
le concerning these prisoners, the former wis
y ing to procure their release, and the lati
)! resolutely cndeavoring to have them punis
g ed. The removal from the Tortugas to t
Is Fort was part of the conflict, and il ended
IN decided triumph for the President, and
South Carolina Thugs.