Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-01-17

Breyet Major General COMMANDING.

BARNwELL, January 7, 1868
| SIR reply immediately to your note OF the 1tl
January, just received.
did Lot expect and did not ask, that YOU i
! Military Commander, would consider the consti
nationality Of the reconstruction acts. But die
expect that you would point to the clause in thosC
acts which empowered you to suspend me- from
the performance of the duties of my office, and
then to deprive me Of my property in that office
by orleriog the State Treasurer to withhold ti1l
salary which the State contracted to pay me whei
L was commissioned one OF her Judges. You vii
remember that [ am still Judge OF south Carroll
IA. You have not vantufed to remove rue yet, and
if you had, you cannot deprive me Of my office
You cannot point to any authority in the acts
but excuse your injustice and uaurpatiOn by say
ing, that your action involved d serious delay
in the administration of justice, and impose
upon the State, III its Impoverished condition, at.
ditional expenses for tho maintenance of prison
and for holding special terms OF the courts III
several OF the districts in the Southern Circuit
did not consider it proper or just to add to those
burdens by authorizing compensation for SGrVi-
ces that were not rendered.
Indignantly repel this slan6er. was in the
actual performance of ny duties, under the laws
of the State Of south Carolina, that had confer.
red on my Judicial office, and to whom. alone,
am accountable, wien you. by al high handed
usurpaton If authority, not conferred on you b.
ANY law OF Congress article OF WA, suspended
i'll the very et1nrt was making 10 administer
justice to suffering .."op!e. Wet justice was to
De administered by such ju!l8S nad directed
to be drawn! lOu know, or Sbuutt hAVG known.
that your order to juties, authorized
by any act OF Congress. Yon kU"w 90 should have
known that juries secccted yOn Gisec,e presen-
ted the most serio impeachment 10 tli5 admnstra-
ton of justice You know or should have known,
that my oath OF Office prevented me from carry
ug out your Ordcr-anu yet, { mere partisan,
without consiIerin,; Tire q gnty Of my POSITION
the character Of my bel we'd state, the respon-
slbilty OF your Ow.! station, in The very wantOn-
ness Of power, yOu p3t npGn ali indignity
which was unworthy 81 the Eteat government you
represent, and must "d'! appears to me now 10
be net only rGstn:tu, but unmanly. lie! y0ltr
brother QG5ce',@ q t'2 OIL crhty judJ6.
rs conscientious judge and man OF honor. l
my oath uf office | sac so frankly. You gus
pended me. / 2i0:ued without 81 lnurlnur, and
now, because | nave conscience that will not
permit me- as | think to violate my oath Of office
with hieh-haoded tyranny, you not only deprive
me of tn, di;His OF that office, but rob ME of its
support, ani then insuitngly tell me that my
I" acriun has Involved q serious delay in the ad-
mini ,trat2u Of JUSTICE f0tget,ing that it was
your own unauthorized and otticious interference
with the laws Of the State, that placed the first
aud only inpedlment III the way of justice. With
what nsi6tency you talk alb pItc the = iupov-
orisilsd condition Of the State, when only on the
81 Of Decemb~r last, you issued Ge8eral Orders
No 1885, assessing tax for the very salary you
have directed the Treasurer to withhold, and did
actually make all appropriation for lts payment
How does 1t help the people OF all impoverished
Safe. to wiring taxes out of them, which you
afterwards direct to be locked up in the Treasury?
Why trouble yourself about State burdens.
when the people Il mean white people, tax
payers, with singular unanmty approve my
course, and sustain me under my present trials
No sir, am not deceived, nor Is the country
by this nero subtertuge. You cover this bold and
bad attempt, to destroy the Independence of the
Judiciary, at tao same time. that you make your
effort to break down the great bulwarz of liberty
the trial by jury, with very flimsoy veil.
l commend you to the perusa Of General Han
cocks Special Order No 203 to show you what
patriotic officer can do, whose desire is to heal
the wounds of PROSTATE and bleeding country.
But l do not complain. My only purpose
is to repel your unjust aud cruel aspersion, and
to put on record my protest against your mon
strous tyranny
will leave my native State tomorrow, in deep
sorrow and dependency, to seek a support for my
wife and children, in hospitable Georgia, whore /
am assuredlof.a hearty welcome. Thank God, in
my temporary exile-for coming back when
you go--I will be sustained by the consciousness
Of having done my duty. and the full confidence
that the people, the great judges in this case, will
soon do justice to you and to mo-
Very respectfully, sir,
Your obedient servant,
A. z. ALDRICH,
Law Judge Of South Carolina.
Major General Candy, Commanding Military Dis.
trict.