Jefferson Davis, The Rise and Fall of the Confederate Government

‘No, sir,’ answered the judge, ‘I intended it to be respectful, but, as I had no business with you, I did not see why I should be required to come to your office.’

‘Do you dispute the authority of the United States government?’ asked the general, tartly.

‘No, sir; I am here in obedience to that authority, but I have always supposed that, as a mere matter of courtesy, when one gentleman has business with another, he calls on him. As a matter of etiquette, I believe a judge of the Superior Court of a state is equal in rank to a brevet brigadier general.’

‘We will not discuss the question of rank,’ replied the general, ‘but General Sickles requests you to revoke your sentence of the other day and impose some other penalty.’

The judge replied: ‘I do not impose the penalty; it is the law, and I have no discretion.’

He then explained the law, and said there was no relief except by a pardon of the governor, or by taking the prisoner out of the custody of the sheriff. A few days after, the prisoner was taken from the custody of the sheriff and discharged. The proceeding was brought to the knowledge of the so-called governor, who applied to General Sickles to suspend his order, but the latter declined; whereupon the judge, then at Columbia to hold the court of the circuit, declared that he would adjourn the court and not proceed on his circuit; he would not go through the farce of holding a court when judgments and sentences could be arrested and prevented by military order. He then adjourned the court, and passed an order refusing to hold courts while the military order was in force. General Sickles also issued an order reversing a judgment of the Supreme Court. The President about the same time countermanded a like order of the general in North Carolina, and the judge resumed his duties.

Under the act of Congress of March 2, 1867, the state was divided into ten military districts, and a post commander appointed for each. All local officers, who were regularly elected by the people, were to be appointed by these commanders. Military orders were issued from time to time containing social regulations, and so on. One on the subject of criminal arrests and trials required all sheriffs, marshals, and police officers to report to the provost-marshal general of the district their names, residences, official stations, salaries, and the authority by which