The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1868-01-22
Brevet Major-General Commanding.
BARNwELL. Jan. 7, 1868.

/ Sir: l reply Immediately to your ncte
of the 4tli january, just received.
did not expect and did not ask, that
you, a military Commander, would con-
slider the constitulonality of the Recon.
struction acts But did expect that you
would point to the clause in those acts
which empowered you to suspend me from
the performance of the duties ot my office,
aud tIieu to deprive me of my property
in that Office, by ordering the State Treas
urer to withhold the salary which the
State Contracted TO pay me when was
commissioned one of her judges. You
/ vii. remember, that am still a Judge of
South Carolina. You have not ventured
to remove me yet, and if you had, you
cannot deprive me of my office. You cam
not point to any authority i'll the acts, but
excuse you" nju .tice anil usurpaion by
saying, that rs your action involved
serious delay in the administration of
justice. and imposed upon the State, in it's
Impoverished condition, additional ex-
pcnscs for tie 'mairtenance of prisoners,
and for holding special terms of the courts
in several Of the districts in the Southern
Circuit. did not consider it proper or
just to add to those burdens 10y authoriz-
ing compensation for services that were
not rendered
indignantly repel this SANDER. Twas
in the actual performance of my duties,
under the laws Of the State Of South Caro-
lima, that had conferred on me my judi
ci;l office, and 10 whom, alone, / an, ac-
countablc. When you, by . high-hapded
usurpation Of authority, not conferred on
you by any law of Congress. or article Of
war, suspended me in the very effort
WIS making to administer Justice to sut-
fering people What Justice was to be ad-
miniStered by sucl, juries as you had di-
rooted to be drawn? You know, or should
have known, that your orders as to .jnrics,
was not authorized by any act of Con-
gress. You know or should have knc wn,
that juries, selected as you directed pre-
scnted the most serious imprdiment to the
administrations o. justice. You nno----
shond have known. that my oath of Office
prevented Ine from carrying out your or
der-and Yet. as mere pnrtiSan. without
considering the dignity Of my position,
the character of my beloved State, or the
responsibility of your own station, in the
very wantonness of power, you put upon
me an indignity which was unworthy OF
the great government you represent, and
l must add, appears to me now to be not
only resentfui, but unmanly. Let your
brother officers OF the old army judge.
AS conscientious judge and man of
honor, could not carry out your order
without violating my oath of office. |
said SO frankly. You suspended me. l
Welded without Il murmur, and now. be-
cause I have IL conscience. that will not
permit me. as think to violate my oath
of office. with hiyt-handed tyranny, you
not only deprive me Of the dignity Of that
office. but rob me of its support, and then
insultingly tell me that my action has
involved II serious delay in the admins
traiion Of justice" forgetting that it was
your own unauthorized and officous in
reference with the laws OF the State, that
placed the first and only impedimcnt in
the way of Justice. With what consis-
tcncy can You talk about the "inpoverish-
ed condition" OF the State, when only on
the 3d December last. you issued General
Orders No. l39. assessing tax for the
very salary you have directed the Treas
urer to withhold and did actually make
I'm appropriation for its payment? How
does it help the people OF an impoverished
State, to wiring taxes ont of them, which
YOU afterwards directed to be- locked up
/ in the treasury?
WHY trouble yourself about State bur-
dcns. when the people q mean white peo-
pie, tax payers, with singular unanlmity
approve my course, and sustain me under
my present trials?
No sir, am not deceived, nor is the
country, by this mere subierfuge. You
cover this bold and bad attempt. to de-
stroy the independence OF the judiciary,
at the same time, you make your effort
to break down the great bulwark OF lib
erty-ruE TRIAL BY JURY, with very
limsy veil
commend you 10 the perusal of Gen.
Hancock S Special Order No. 2O3, to show
ynu what patriotic officer can do, whose
desire is to heal the wounds of Il PROSTATE
and bleeding country.
But do not complain My only pur-
pose now is to rcpc! your unjust and
cruel asper>ion, and to put on record my
protc against your munStrous tyranny.
| will leave my native State tomorrow,
in deep sorrow and despondency.;; to seek
u support tor my wife and children, in
hosni,ahle Georgia, where am assured
Of n hearty welcome. Thank God, in my
tr.n,or,rv exile-tnr | am 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 NE.
Very respectfully. sir,
Your obedient servant.
i. p ALDRICH,
Law Judge of South Carolina.