The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-03
[FRox CUR OWN CORRESPONDENT. ]

than probable that it will be signed tomorrow
The Governor, it is reported. has decllred his
determination to see the law enforced. III
what way he proposes to do it is not stated
Much speculation is INDUCED in as to what
Mayor Clark will do, his friends still claiming
that Pillsbury and his supporters have only
succeeded in discovering an agnis JdtasS OF
"Jack O'Lantern," or in the words ct one ol
the members, whats the uso of giving the
people bill if you don't give them provisions.
Ho wanted to see ''tho provisions OF the bill
carried out; the people arc starving because
they don't get provisions.
Acknowledgement Chamberlain, who has
but recently arrived here from Charleston,
leaves this city for Washington tomorrow. 1t
is surmised by many that he goes for the pur-
pose of looking after the patronage of Federal
Offices to be distributed in South Carolina by
the new administration. It is known that he
carries very large budget of letters and ap-
plications with recomln ?ndations, each docu-
ment covering several yards or folios OF legal
cap, &c. All communications 10 him may be
addressed to Wizards, Washington, D. G.
The real object OF his VISIT however, is to at
tend to an argument in the case OF the Grah-
itevlllo Manufacturing Compony against Benja-
min Roper, late tax-collector of Elgeield Dis
trct. Tho question involves the liability OF
tho State to receive bills of the Bank of the
State ut par for taxes. The case stands No.
2G5 on the United States Supreme Court
docket at Washington. A motion will be mado
to take it up in connection with case Of tho
State Of Tennessee on tho same question.
which stands No. 1GO on the same docket. 1t
is beloved the argument will be mado between
the 9Th and 10th Of March.
very important case OF hdbedS corpus was
heard to-day before Judge Booz.r. Twelve
prisoners tried and convicted by military COM
mission during the existence Of the military
government in this State, and who havo been
lately returned from Fort Macon to the custo-
d. OF the civil authorities Of this State and
who arc row undergoing sentences OF military
commissions, we;e brought before Judge
BooZer, and motion made for their uncoudi-
tIonal discharge.
The prisoners were represented by Mcssrs.
Bice g. Sloan, oil this city, and tho State by the
Attorney General. Tho case was eiaborately
argued on both sides. Counsel for the priso-
ners contenacd, substantially, that upon the
cessation OF military rulo in the Statu all scn-
tenccs imposed by military commissions be-
camo invalid, and all parties detained in custo-
dy OF undergoing sentences by authority OF
military government were entitled to their dis
charge. They contenled that the pro isions
OF the present constitution required present.
ment by q. grand jury and trial by petit
jury, aud the sentence OF the judge. Tho pro-
visions not having been observed In the trial
aud conviction oSthose prisoners, they were en-
titled to q discharge.
The Attorney General argued that the pro-
visional governments, established under the
auspices Of President Johnson and slbso-
quenlly vested in the commanding general OF
tins military district, derived its only force aud
validity from the sanction Ut the authority Ut
the United States Government; that il these
prisoners were entitled to Their discharge then
all persons undergoing sentence passed under
the provisional government, by circuit judge
and other civil officers, were clearly entitled to
their discharge. The powor OF the circuit
Judge he argued, rested upon the same foun-
datlon that the powers OF the military tribunal
dld, to wlt, up the authority Of the United
States Government, which gave them oil the
right which either possessed to try CRIMINALS
aud impose sentences. The third section of
the Reconstruction act Of March 2, 1867. e1-
pressly euacted that u commanding general. III
protecting life aud property, should allow the
local civil tribunals to try criminal cases, but
when in his Judgment it became necessary, he
should organize milita.y tribunals for that pur-
pose. In the case OF the prisoners at the bar,
the commanding General had decided that
their cases should be tried liy military COM
mission. These military commissions were
duly organized aud proceeded to try and pass
sentences, and these scntcuces hid been ap-
proved by tho commanding gouc1al. Tho only
power which could now mltgat or relieve from
the sentences WAS tho Governor, IN the eXcr-
else OF his pardoning power.
Tho Attorney General said he know nothing
Of the merits OF the case, and cared nothing
for the merits, SO lar as this III gument was con-
cerncd, Of the cases Of tie prisoners at tie bar.
But ho was anxious tEas no step should be
taken which would Indicate that the present
S. tate Government. which W 8 tho result OF tho
Reconstruction acts, should now stultify itself
by declaring that tho steps Which were t:ksn
~ Congress wcro nugalorg. Ibis would be.
he said, the precise cffecs-tile logical cGect-of
the discharge OF those prisoners.
Judge BJozer delivered carefully cons;d-
cred opiulon. in which hc he'd that the views OF
the Attorney General wuro subs. .antialy cor
rect He regarded tho sentence imposed by q
military tribunal. during the existence ot the
provisional government, as possessing the
same validity as a sente &C imposed by Judge
Moses as circuit or provisional judge pos
scssed. BE called attention to the conse-
qucL ccs WEIGH must flow in all directions from
grhnting such a motion as Was nov made in
behalf of these prisoners. II would he said,
uuscitie all judicial proceedings under the pro-
vlsioual government.
1he Judge remarked that the issue was not
new one, but one which lie had carefully con-
siderei, and one OF which ho lol. not the least
doubt. The question or the :onsttutionality
Of the Reconstruction acts had not been raised
in lcrns. but he felt that granting tho motion
now made would be tantampunt to, and could
ou!y be sustained upon the ground that these
acts were unconstitutional. Such o decision
wonld not onlY relca=e these PRISONERS, but
wouki unseat hims If anI destroy the very
foundations of the prcscn; STATE Government.
Il the Sc ntcnce OF tue military tribunals were
too severe, tho Governor had ample power 10
modify or TO extend n full pard n. He could
not fo- q moment think that there w&rc any
legal grounds upon which he, 4, Judge ut
South Carolina could to-day interfere i'll any
manner with tho sentence pronouucc;l by mill
tar tribunals. He therefore ordered tue prls-
oncrs 10 be renlauded.
Auoihcr interesting legal question was rails
ed lew days since before judge BuoZcr. a
motion was made for prUnu!lioi to the
Treasurer OF tic Stale to RESTRAIN him from
ths. collection Of take for the fourth quarter
which ievIes i lax OF twenty cents OF the hun-
IA all all n nj