The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-12-14
[rRoM OUR owS coRnEspNSDENr.l
COLUMBIA, S. c., December IL. 1S

COLUMBIA, S. c., December II, 1853.
judge John T. Green, Of the Third Circuit,
rendered on important decision yesterday, IN
the case of one Jennings of Lexington County.
It appears that Jennings was tried and SEN
fenced by a military commission, in April, 1867
He was confined in Fort Macon, North Gro
lima, BY order of General Candy. Recently, III
accordance with instructions from the War
Department, he was transferred from Fort
Macon to the Jail in Richland County IN this
State. Messrs. Bachman ard Waties, ycster-
day, sued out writ OF haoPas corpus to bring
him before Judge Green. The case was heard
at twelve o'clock yesterday. Counsel for pris-
oner contended that no sentence OF military
commission could be executed by the present
State authorities, and that the duty OF his
Honor was to discharge tie prisoner.
This raised the question of the legality
OF trials by military commissions. The
State was represented by Attorney-Gene-
raj Chamberlain, who claimed that the SEN
tencc of military commissions stood upon pre-
cisely the same footing as tho sentence OF civil
tribunals under tho provisional government,
and were to be executed in the same manner
Sc soon as the prisoners were turnel over by
the United States to the State authorities; that
the only remedy for the prisoner in the present
instance was by an appeal to Executive Glenn
ency. The point is very interesting one to
lawyers, and one upon which they are muci
divided. His Honor julgo Green held dis
tinctly that the position taken by the Attorney
General was correct: and that he had no au-
thority to interfere with the execution of SEN
tences pronounced by military officials.
In the United States Court to-day the case
of Professor Charles Radford vs. Alexander
McBee, Ell al, excited much interest. 1t was o
bill for relief and account. Messrs. Sullivan &
Stokes, Of Newberry, appeared for complain.
ants, and Messrs. Easley & Wells for defend
ants. After the hearing of able and eloquent
arguments on both sides, an order was passed
referring the whole case to the United States
Commissioner, to report certain points therein
specified which the court deemed uot sufi-
ciently elucidated.
The case is suit on bond given by the
Baptist College to the com 3lainant, who was
put to act as president of the institution, for
services rendered as professor for himself and
lady.
The defence was that the complainant was
wholly incompetent, and the institution sunk
rapidly, realizing nothing, mainly on account
Of tho presidents incompetency. There were
respectable gentlemen test:fying to his thor
ough competency, and others equally respect
able tcstifying directly TO tho contrary, which
more imperative. 1t was the opinion, however,
Of one somewhat practicad in the proceedings
and decisions OF courts, that the corporation
suffering the professor to remain for long
period was virtual acknowledgment OF his
ability.
Both branches OF the General Assembly have
got fairly unler way, and the calendars begin
to exhibit quite a formidable array Of bills.
Many of the members who never talk at all in
the House OF Representatives com plain of the
excessive and useless speaking of others, and
con sequent expense to the State in consuming
time which might be more proftably employed.
Some apprehcnsions have been felt about the
safety of the present building, which appears
to be about to cave in, and this House, on Fri
| day, determined to stand from under, and ad-
journoi over to Monday for repairs.
IL THE HOUSE, OIL Friday, the following was
adopted, and sent to the Senate:
Resoloed, by the House OF Representatives.
the Senate concurring. That tho Congress of
| the United States be requested to re move the
political disabilities of J. ]. Halford OF Collie
| ton County, q. W. H. Legg, r. Z. Poole, Of
| Spartanburg County, and William Whaey,
| ESQ.,, Of Charleston.
mir. Morrison introduced the following, which
was adopted:
W:ereas A seat in this House has been va
| Gated by tho resignation Of Hon. George A.
| Bennett, OF Beaufort County; therefore,
| Rcsolued, That an election be ordered to hl
| the vacant sea. ls soon aS practicable.
4 Tho following were read the first time:
| 4 bill to amend an net cntlIlcd IAN act tr
quiet rights vested uud L military orlers."
| A I'LL 10 rencw the charter OF the Charleston
| B. bio Socie.y.
A bill to renew tho charter OF the Ferry or
the Great p,oiec River ri Mars Bluff. in
| Marion County. known as the Mars Bluff
forrY.
A bill 10 provide clork for tho Auditor O.
| the County ct Charleston.
| hr. Jauk. moved thai committee of three
| be appointed to condncL United atos Senator
| William SpraGue, of Rlodc Island, and Lady, tt
soate on the hoor of t. Houe Agreed TO-
Messrs. J.nls, TJmlinson aud DeLarGe were
appointed rs committee.
ihe Speaker laid before the House the fol-
lowing: ,,.o
| III. Speaker and Gentlemen Of the H9nse Q,
Representatives.:
I have the honor hereby TO tender my rosig-
nation as member Of this House.
Very respectfully, W. L. FIELD.
! MIR. @. D. Hayne moved that the sispati0r
bo accepted. Not agreed to by q vote, Oh di
VISION, of yeas 80 nays 81.
MIR. Tomlinson said he could not see hoa
| The House could refuse to accept resPna
| tiop. or. in other words, if TT nloer wished K
resign they coull not prevent it.
Elliott sad he knew all thai; but tho objsc
was to prevent vacancy III Pickens County
which would havo TO be filled by q special cleo
| ton. Mr. Field need not return here II lie die
nc. wish 70.
DoI,argo moved to reconsider tie vot'
whereby bill 10 incorplrte The itzcns' Saw
ings Bank OF South Carolina WAS made tht
special order for this day al 1.41 L. NJ. ASrooi
| 70.
The hil WAS then, on motion OF DeLarsc
taken up.
Tho second reading Of section two was con
| tinucd.
purvis offered tie following as substitute
| for section two which was adopted:
SEC 9. The said corporation shall have powo,
| and authority TO receive, deposit and 10 invcs
| The Same their capital stock and other funds
| in hank or other seeks, in Tho purchase o
| 1,on6a cr stocis OF tI,iS or alV other b aio o