Still the people were made to feel that the military hand was over all. A case occurred in the court in Charleston, before Judge A. P. Aldrich, in which a white man was indicted for petty larceny, tried, and found guilty. The punishment prescribed by the law of the State for this offense was whipping. To this punishment the offender was sentenced. On the next day an armed soldier came to the court-house inquiring for the Judge, who was absent. To an inquiry of the sheriff as to his business, he replied that he was ordered to require the Judge to report at General Bennet's headquarters, who was the military commander of the district. On the next day another soldier in full uniform came to the lodgings of the Judge with a note from the General requesting the former to report at headquarters.
The reply of the Judge was: "As I have no business with you, I decline to report. If you have business with me, it will give me great pleasure to receive you."
On the next day an adjutant appeared saying: "The General is very much engaged, and asks you to come to his office. I will wait your convenience."
"I see I am under arrest," replied the Judge. "I will go now."
The adjutant, in full uniform, escorted him through the most public parts of the city to headquarters, and, entering the office, announced him. The General was sitting, with his cap on, and writing. After some time, having finished, he looked up and said, "Sit down," adding, "That was a curt note you sent to me yesterday."
"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."