The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1885-06-10
For the Farmer and Mechanic.
q Court "Reminiscences Judge
VIZ North Carolina Gets
an Appointment Her Leg
iSIat:on Did Not ASK

OH l IL q ~" re > 49, Il ~ lybItil
mon some very interesting facts. |
found that at the fall term 1866 for
Wake county, His Honor Judge Daniel
G.. Fowle presiding Judge, that Generals
Dau'l f. Sickles and Thomas Ruger.
James Bumford and Friday Jones were
indicted for obstructing the process Of
said court. | also observed on the said
records a requisition from His Honor,
the Judge, upon His Excellency Cover
nor Worth demanding the posse COM
mitatus of the county to arrest these
named parties. Desiring a knowledge
of Lthese proceedings, / sought and OBJ
tanned a full history. The facts are as
follows:
At this date the law Of North Caro-
Ina had not altered the punishment for
all persons convicted Of larceny. IT was
thirty-nne lashes at the public whipping
post. \ negro was convicted, and Judge
Towle, in compliance with the law. had
ordered the Sheriff to take the prisoner
to the public whipping post in the Jail
yard, and intlict upon him thirty-nine
ashes. In obedience to this order OF
the court, Sheriff Ray took the prisoner
to the whipping post and commenced
operations. Sust as he struck the eighth
lick, IN rushed Generals Sickles and
Ruger aud Major Bumford and Mr.. Fri
tug Jones, backed by a large crowd,
mostly negroes, and rescued the pris-
Oner, look him from the Sheriff and car
RED him away. The Sheriff promptly
reported this outrage to the court. At
this ~iuncture Hon. Sion II. Rogers, the
Attorney General came into the bar.
Judge Fowle said Mr.. Attorney Gen
eraI do you know of any interference on
The part of any one with the sentence
of this court ~ Attorney General Rogers
replied that he had witnessed the inter-
ference, described its manner and form,
and named the parties.
Judge Fowle Immediately said "Mr.
Attorney General, have the grand juay
brought into court" This being
done, he recited to them the facts and
said Il direct you gentlemen of the
grand Jury to retire to your Dom and
find bills OF Indictment against Dan'l
f. Slckles and Thomas Ruger ank Jas.
Bumtord, officers of the United States
army, and Friday Jones, colored, a cit
zen Of Wake county, who have with
violence, outraged the laws of North
Carolina" This was done, and a capias
was issued for the arrest of the parties.
Sheriff Ray proceeded at ance to Gen.
Ruger's headquarters at the old Palace.
and approaching Gen. Roger. said ::
Gen. Roger | have come by the order of
the court to arrest you, here IS that or
der" Gen. Ruger said: do you see
those bayonets, do you see those men?
will not be arrested, if you think you
Gan arrest me proceed at your pleasure,
and at the risk of your life
Sheritl Ray appeared in court, related
the result, and made known his inabll-
ity to carry out the order of the said
court.
Judge Fowle when the Sheriff had
concluded, said Mr.. Clerk, take your
pen and write as | shall dictate.'
70 HIS ErceHency, Jonathan Worth,
Gorern0r of North Carolina.
SIR: The process of this court has
been lllegerly interferred with, and a
prisoner has been rescued from the sheriff
by Daniel +. Sickles and Thomas Ru-
GER and James Buford, of the United
States Army, and Friday Jones. colored,
late a citizen OF Wake county. | de-
mand that you call out the whole power
Of this county, to uphold the honor and
the integrity of the laws of North Caro-
lima, aud to secure the arrest of these
said parties. (Si9ned)
DAN'L. G.. FoWLE, JUDGE.
This communication was sent at the
moment by Judge Fowle to Governor
Worth. The old nero was alarmed at
the situation which seemed to him an
approaching conflict between the State
and Federal authority. He too, loved
North Carolina. "Sir, he said.' This
will never do. The attempt to arrest
these men will force a collision, and
boodshed will follow this act. This hot
headed young Judge will ruin our peo-
pie | will 90 1t once and settle this
matter through President Johnson
The next day found him in the Presi-
dents office. When he had concluded
his statement, the President said: "Sir,
do [ understand you to say that a hot
headed young Judge of your State, in
executing the law of yonr State, has
dared to order the arrest of a
United States officer" Yes sir" SAID
Governor Worth. "''Then God bless that
bod headed young Judge, and every
other one like him in North Ca%rOlina,'
said President Johnson, and immedi-
ately added. Mr.. Secretary ask the
Secretary of Wa to come to my office"
A he entered the President sternly
sand: MIR. Secretary telegraph at once
TO Raleigh and direct General Kruger to
return that prisoner to the Sheriff OF
Wake county, aud direct Gen. Huger to
submit to the legal mandate of Judge
Daniel G Fowle."
The next day Judge Fowle said to the
Sheriff, IN open court, IN the presence OF
a crowded court house. Mr. Sheriff
take the prisoner to the jail yard and
complete the sentence OF this court
Two thousand people looked upon the
Sheritf's second compliance of the law,
and as he struck he called out at the
top of his voice. Nine and so on until
he had struck and called out Mirty-nine.
The prisoner was released, and allowed
todepart, and the immense crowd quietly
dispersed. The law had been obeyed; the
law had triumphed.
Such a Judge will never bring discredit
upon North Carolina. He has shown
that the pure and impartial admins
tration of Justice is the frmest bond tC
secure a cheerful submission of the PEG
pie, and to engage their affections to the
government" Justice administered IN
der tyranny and oppression gives the
sutton no remedy but poison no rebel
but death"
From that memorable Indication ofthe
law to the present tlL--, Danlel U. foWle
has manfuIiy fought the battles of the
Democratic party, and upheld the purity
and integrity Of the constitution and the
law.of theland. Every town and ham let
from the mountains to the seashore has
heard the wisdom Of his words and seen
the power of mis- eloquence, and witness
ed the affects OF his appeals to the popu'
lace. Time and again has he gone down
with his party under the oppression OF
frequent defeat, till at last he has