The Newberry herald. (Newberry, S.C.) 1865-1884, July 11, 1866, Image 4
r ~ ITIONv
By His Excellency JAmEs L OR., Gtvernor and
Coinmander-n-Chief in and over the State of
Sout b,QarMi
WHERMS, MAJ. GEN'L SIPKLES, com
manding Department of the Carolinas,. on the
26th instant, by Special Order No. 19, has directed
that white persons in- Militavy custody,, charged
with feloWles-or misdemeanors on the persons and
property of colored persons, shuld be turnd
over to the itil authorities -for tri# l, and that
-U'ka cases arising her6after will be .disposed of
in the same manner:
Ani hereas, this -Order-so gratifying to te
feelings and rentiment of the people of this State
-is- based-upon the legal opinion,of, Chief Justice
Bunnkir, given upon the. urgent request ofthis
Dep*tment, and communicated to Gen. Sickles-i
1st. That'persons of color under the'" 29th and
30th section of the "Act to organize District
Courts, are IcImpetent. witnesses in the Court of
Sessions in all cases of felony committed by whites
On the persons or,property of a person of color.
9d. That they are eompet_nt to- n;ake affidavits
and -sue out warrants against whites in felonies
an& misdemeanors, and also to testify before
Grand Juries in such eases, as well as on the trial
before th Petit Jury. And.'-3d. That until the
Distint J,udges are cbmmissioned, the Court of
General Sessions retains jurisdiction of cases of
misdemeanor- committed by whites on the person
or property of colored persons, Chief 'Justice
Dunkin says, "The Court of General Sessions
hadgwgs cognizance of offences committed by
whi.?persons against the person or property of
a person of color." In the case of StatQ vs Hill,
2d Spear 150, whieb was an indictmnuit against a
whiif prson Yo'rassault and battery on a free.
person of col6r, it was not only so ruled, but re
cognizd as vei settled law for more than halfa
cenuir. TheDistrict CourtsofDe0ember, 1805,
not hMyingibeen put in operation, I suppqse the
geneit j drliction of the dourt, of Sessions re
mai ;n andi understnd that such has ben the
ruligebf the Circuit Jude in referenee to cases
of NAst rdy Md vagra?nc~y whic'h have comej
before themr,
Thd B0th section,Act 1865, provides "that i
e'very case, civil. and criminal, in which' a person
of color is a partys or which' "affects the person
or p'credty of a person of color, prosof color'
shall: be comppetent witnesses.",- It -is a remdial
S'tatite an'd'-oiat be. nstrued. in refihence to.
its object.:- My opinion is,'that persons 'of color
are competent to testify. before 'Granid Juries and
Magistrates in. diminal eas.es touching the person
or property- of persons of color."
And whereas; the redunsty of the- libetty of the
oitizes ar~ising frome his right to be .tried by a
jury-of big peers, can only be reLained, in the
present anomnalous copditi9en of the country, by
.'the civil officers of the State executing the prin
- iples contained, in the opinion of the j-ustly. dis
tiiuse.liefsiei good faith and with
an eqrxest desire to give security and protection
to thes ,persong and -property of the colored
pophTation.
And to the and that this high privilege may
be retained by. the good.people of the State, I.
JAMES L, ORR, Govern'6r of the said State, do1
proeTim and declare, that it is the duty of%very
Civil Magisti-ate to give careful consideration to'
every comolpaint made to' him -by -a. pesoflr of
color againit a white man for any felony dr: mis-i
demeanor alleged to.-have been committed-against
the person or prope'tW{f aTpsi-son fLcolor ; and
if he, upori such consideration, conclu.des that
there:re reasonable grounda for such comnplainit,.
said Magistrate.shali take the affdavit of asuch
person of colory and, issue -his warrant agaimst tae:
offender, regquirinig 10s arrest and~ recognizance
to appear at the next ter geig Court of Gen
eral- Seion,ust- as hg would-,do if.hey parf~y,
makipg th.e.complaipt were a: whites mn;nd
he will also recognize all witnesseg by whim t
complainaint mpy desire te -prove thie charge,7g
is n'ow provided by law,for sec6ringthe attendance
of State witnesses. it1 ag 1iI~ pnstables
will promptly, 'faithfuIIy and fearlesV execute
all.such warrahuts asmay dejdei s
asa a an iid'eMtha
fair and faithful exe utio of the laws of this
state, as expounded py' the Cfiief Justice; and
very soon the earfest wish ex-pvessed by the
comnanding General in Orders No. 19,. (publishid
herewith for the information of the people) t'liat
it will not be lng before it may be truly said,
that no offence against th e peace, aid no. injury
to the person or property, of even the humblest
inhabitant, may be conmitted-with impunity in
the -State of South Carolina," will be happily
realized.
Givea u-nder my hand and the great seal of the
State, at the City ot Cobambial the 30th day
of June, 18661 and in.the ninetieth year of
[L. S.] the Independence of the Unite.d States 6f
Ainirca.
JAMES L: ORR, Governor.
W M. R. HUNTT, Secretary of State,
HEADQUARTERS
- DEPARTMENT OF THE CARoLINAS -
COLUMBLA, S.. C,., June 26 186.
[Special Orders No. 1 -J
I-. A: white persons in Miitary custody in the
State of South. Carolina, charged with felonies
or misdemeanors, will-be turned over to the civil
authorities of the United States,. or of the State,
for trial,. according to the nature and character
of the'offence charged, andof the j:Urisdiction of
the Cou.rt having legal cognizance of the offonce.
IL Where white persons and persons of color
arC charged as principals, -accessories or accom
plices, in any offence, the accused- will be re
tained in custody,,and the case, with the evidence
reported to- these- Padquarters for inqtructions.
III. Post Corninanders inaking axrets,of *vii
ans for offences:-ther than -those ti-fable by- Pr*
vost Courts, will examine Abe~ complinant and
his witnesses under' oath, together with any
witnesses proffered. by th-e ad-ed; sAuch:
testimony, with t,hemi'.enent of the accused,' if
he.desires to be h-ard, shall be. reduced to- wri
-ting and forwarded.to the He-adquarters of the
Military Commandiant of the State,.With a report
of the action of the Pest Commander and' his re
marks upon the case.
IV. 1Jge refusal.or neglect of any civit officer
to perforrn an ogiia. a-ct, properly reouired of
him by an aggrieved party seeking redress-in the
civil tribnnals, whereby a' Iailuire bf justide - en
sues in- the prosecution et the class..of offenders
rmitted tfo the civil jurisdiction by this order,
wllbe promptly 'reported - by an offcer cogni
zant of the same.
V. In publishing the subjoined correspondence
for the information' and guidance of alI-ooncerned~
the Major-Generul siommanding desites-to im'
press.the tr&6ps with the sentimnents, of respeot
andl deference for the civil aut4hofity that influ
ence his own action in. e-peration with the Ex
ecutve of the State, so- that. tranquility ma~y be
secred- by the means and.agencies. most;- conge
nial to the people. To this end, he solicits the
aid of all good citizenfs in repressing conduet
tending to disturb public order; and he truss
:'at i.t wil not.be long.before is mna be truly
said: that no offence against. thle peae and no
injury to the person or' property of even' die
humblest inhabitant, may be committed. with. im~
punity in the State* of Soiith Uarolina.
By comnand of
Maj. Gen. D. E..SICKLES.
0. H. HJART, Brev't Jrig, n~ apd A.. A. G.
July 11 1.
MESSns EDITORS: You will please arnnounce 3.
D. SMITfl,as calididate for the office of' Tax Col
lector,. Newberry. distric't.and oblige
Mav 2, 1866. Mi&NX FRLEND&.
MEssRs.tEnnrous :----on. will oblige:the~ friends'
of MR. W.J. LAKTE,.by nominating hiti as - a
cadidate for Sh@iff of Newberry District.
ipr 11, 14. -O - NEWBERRY.
E.SS~nIETORS :-Yon will plEase ;-arumnnce
-NF. JOHNSON,-a's a candidate for Sherf of
Newberry District,.and oblige
t~il 4 14; - MANY FRIFNDS.
MMAmennmma W anns a suitabl .andia3
gl.. .- -
The huestnLe
The Charlesqn Nevts says "Our readrs: -
wil he glad to learn that orders have .beeli
issudd from. the Hleadquarter$,of tlis Militarg
Disficti for the Arrest of all vagratits andPt
prevent the selling of lior to freedtnen.
This is,a step in the rgh d e~c, end
shows that the miliar. [a t aR
the situation and nre de eiied t6 dal in
their pow Pr far,the restorati0V of law an or
der. Below th give he rd riridll a
HDQs. STATE g U CRoINA
Charleston, S 0.,June '9s6
General OrdersNo 9,'
I. The Breveiaj_r (-eperaC Oomanding
has noticed, with deep regret, thedsposition
ori the part of the freedmen in the-vicinity of
Charleston qpLalong the coast. t. disregarde..
their agreerin~fts on .plantations, to -the neg
lect of the crops,, aid to either lay ialing about.
thei- houses, oaM-at large -Ver the aantfy
or congregatein Charleston and other twns.
This total disregad of all obligations to keep
their contrats in good faith will cause an en
tire failure of crops in the-State, and- the re
sult must bedestittatiiO and .tarition The
incresing amount of"theft, drunkenness and
.vagranc( Aemands that -the most prompt and
severe tmneasures be taken by all officers to
check the eviL
11, It is _jrdered that all an- or women.
who leave the plantation,on which they are
employed to hbor, either by the month, kor
share of the crop or as renters, of land, and
there by neglect their .growjig -crops- be-. t
once.arrested as vagrants a4d put to work on
the publiq roads, asovided for by Par.XL
G . No. .,. Hea&parters bapartnent -of
South Carolina.
All plan-teys who have freedaen emPloyed
on their plani.ations who do.nA at ths i
portant season of tba year,. &IVa their entire
time to the growing crops, are authorized, if
after~readin.g this ordet to them and-they'neg
lect of~ refuse to obey it, -to reida't :theii at
once'to. the officer in command of the distri6t,- -
who will cause thein to he? taken froms the
plantatipn. as vagrants arnd gut W work on the~
oubHeydids. Theirchiitdren, if an will be
bouni to sach persons as will take-care'f
tbedfind leain them habits of inddistry.
lII'A piis will be entablished for' all-pea
sonsedolor con victed'of rsuch crimes a-s are
nloL pirishahle by death en 0one- of the is1ab'dse
where eiploynient&cansbe fuifnished, and alt
convicts wiHl be- compeired td labor -from sun
rise until sunset, under controVof such guard~
as will insure their sa-fegy ~-y- person con
victed of seUiEng spirituoas liquors to- a freed~
ma ithouta permit from som~e offic&e' hay:
ngonrol,-wilThbe faned i-n any sum not 'less
ta wefity4v4 dollars(25); nor more than3
one hunded do!lars (IO})foQ' every offence of
w bigh he mag be corivicted..- --
.y C6manding ogigswill have thir or
der read inl the sevral col1ore4 i.sharehes~i
their viinitV,.in ordsthdat ift maym
gener9ally. uanderstood. -*.
By-comiind of recvet Major-Genera R.2
I ScotL.
I - ~ a.XSMITH -
Brevet LieutenantftCdonel and A'.:A.. Gen
O&eIA..': - - f*W SMH.
I - - Assistant Adj-aantee .f
WHULIAM R, SPEARMAN,
Attorney at Law-,Le R*fri Newherry..
Ottrs. hi serviced th~te c~ens of tis ati
ad'ining dis .tts - ue 27
- W. A. fl1more, -
IMariufaeturer- of.Ssddles BrI'fdes, Harnessphe.,
&c &c. 1our milssSouth of Newbear1 C.
~epaffing dne Wea nes ani4 disftb
May 23.3