The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1868-03-18

CONSIDER IL proper OF just W ttuu W tuOsc
burdens by authorizing compensation to be
made for services that were not rendered.
q. Very respectfully, sir, your obedient
servant, az Ed. r. s. CANBY.
asBrevet Major General Commanding
"sBARwELL, January Z, 1863.
"'SrR: I reply immediately to your note
Of the 4th January, just received.
al did not expect, and did not ask, that
YOU a Military Commander, would consid-
er the constitutionality Of the Reconstruc.
ton acts. But I did expect that you would
point to the clause in those acts which en-,
powered you to suspend me from the per-.
formance Of the duties Of my Office, and
then to deprive me Of my property in that
Office, by ordering the State Treasurer to
withhold the salary which the State con-
tracted to pay me when / WINS commission
ed one Of her judges. You will remember
that am still Judge Of South Carolina
You have not ventured to remove me yet,
and if you had you cannot deprive me OF
my Office. You cannot point to any au-
thority in the acts, but excuse your inJus-
tlce and dsurpation by saying that as
your action involved serious delay in the
administration Of justice, and imposed upon
the State, in its impoverished condition,
additional expense for the maintenance Of
prisoners, and for holding special terms Of
the courts 10 several Of the dietricts OF the
Southern Circuit, l did not consider it pro-
per or Just to add to those burdens by gu.
thorizing compensation for services that
we're not rendered"
al indignantly repel this Islander.
was in the actual performance OF my du'
ties, under the laws of the State OF South
Carolina, that had conferred to me my ju
dicial Office, and to whom alone ! am &C
countable, when you, by the high-handec
usurpation Of authority, not conferred OF
you by any law of Congress, or article o
war, suspended me in the very effort ! wal
making to administer justice to 9 suffering
people. What JUSTICE was to be admins
tered by such juries as you hAd directed K
be drawn? You know, or should hav'
known, that your order as to juries was no
authorized BY any act Of Congress, Yo'
know, or should have known, that juries
selected as you directed, presented tn
most serious impeachment to the ministra
ton Of justice. You know, or shoul'
have known, that my oath Of office pre-
vented me from carrying out your order
and yet as q mere partisan, without consid
ering the dignity Of my position, the chal
acter of my beloved State, or the responsl
bility Of your own station, in the very war
tonness Of power, you put upon me an IN
dignity which was unworthy OF the grea
Government you represent, and | must adt
appears to me now to be not only resent
full but unmanly. Letyour brother officer
/ of the old army Judge.
90 As conscientious Judge and q man
honor could not carry out your ordt
I without violating my oath of Office. sal
SO frankly. You suspended me. Iyielde
without murmur, and now, because
!. have conscience that. will not permit M
as l think, to violate my oath Of ofic
with high handed tyranny you not only d
; prive me Of the dignity of that Office, b.
rob me Gifts support, and then insultingl
tell me that my action has involved 8
rious delay in the administration ofjustice
forgetting that it was your own unauth0
lied and oficious interference with the Law
; Of the State that placed the first and on
, impeachment 10 the way of justice. Wit
! what consistency can you talk about Il
impoverished condition /" Of the Stat
: : when only on the Sd Of December last 70
. issued General Orders No. l39, assessor
5 a tax for the very salary you have direct,
= the Treasurer to withhold, and did actual
! make an appropriation for its payment
!, !. How does it help the people Of an impo
!, erished State to wiring taxes out OF thel
which you afterward direct to be locked !
Z in hetreasury? Z.
= 80 Why trouble yourself State bu
= dens, when the people 4 mean white pc
= pie, taxpayers), with singular unanimi
! approve my course, and sustain me und
:, - my present trialsa
- :. - No, sir, I lam not deceived nor is
. country, BY this mere subterfuge. Z
y cover this bold and bad attempt to destr
= the independence Of the judiciary, at I
= same time that you make your effort
:. = break down the great bulwark Of liberty
70 y THE TRIAL BY JuRY-with Q very hin
: veil.
al commend you to the perusal Of G.
eral Hancock's Special Order, No. 203,
show you what a patriotic officer can
whose desire is to heal the wounds
n PROSTATE and bleeding country.
he "sBut l do not complain. My o.
h. purpose now is to repel your unjust q
+. cruel aspersion, and to put on record
n protest against your monstrous tyranny
ia al will leave my native State tom
n row, in deep sorrow and dependency,
rs seek support for my wife and children
4: Ihospitable Georgia, where ] am assured
". a hearty welcome. Thank God, in
at temporary exile-for ! am coming b
when you go-I will be sustained BY
consciousness Of having done my duty, /
til the full confidence that the people,
lgreat judges in this case, will soon do !