University of South Carolina Libraries
LAWS OF SOUTH-CAROLINA. The following Orders have been recently issued by Gen. Can by : I. It having been represented that owing to certain informalities and non-compliance with certain regulation prescribed by the laws of the State, and by military orders, for drawing juries in South Carolina, such drawings have, in some cases*, been rendered irregular and invalid, it is ordered: 1. That juries heretofore drawn, or which, previous to the regular spring terms of the Circuit Courts now approaching, may be drawn for a Circuit or District Court, in any Judicial District of South Carolina, whether the provisions of General Orders No. 32, or No. 89, or No. 100, of the year 1867, from these Headquarters, were regarded in the preparation of the list from which any drawing was made or may be made, and whether such drawing was, or may be, at a regular term of any court, or at an extra court, or by the clerk of a court and the sheriff of a District in the presence of a migistrate, and whether such extra court or drawing by the officers of any court was-ordered by the Governor of the ~ * /"? n ... State, any Judge, uireuic uourr, or Court of Appeals, arc hereby legalized ; anil the right of challenge as given by the said General Orders No. 89, and the necessary drawing of tales, are hereby preserved as heretofore. 2. At the next spring terms of the Circuit and District Courts, respectively and whensoever thereafter new jury lists arc to be made for any Dis-* trict, jury lists shall he prepared for the list of all male citizens therein who shall have paid taxes within the twelve months preceding: and challenges shall he allowed in conformity O v with General Orders No. 89. 3. Upon the return of the venires, the presiding judge of the court shall be authorized, at the empanelling of juries so drawn, to set aside any juror for personal unfitness by reason of intellectual or moral disqualifications; provided, that race, color or former condition of servitude shall not of itself be a ground of exclusion. II. The Court of Common Pleas and General Sessions in South Carolina, arc hereby invested with concurrent jurisdiction with the District Courts, of all cases and matters of which the District Courts have jurisdiction under the Constitution and laws af the State. III. The provisions of tlio Act of General Assembly of the State of South Carolina, entitled " An act to amend the law in relation to tenants," approved December 10, I860, shall be construed to extend and apply to all cases of tenancies, whether at will or for a term limited by the Act of the parties, or by operation of law, and whether sucli tenancies were created by parol or by written leases or contracts of letting, wherever rent shall be due and in arrears, or wherever the tenant shall hold over after the cessation of his right of occupancy. Whenever application is made to a magistrate to remove a tenant for any cause within the intent of said Act, as hereby construed, it shall be the duty of such magistrate, and of the sheriff or constable, to proceed under the Act herein recit'cd, and to charge no greater fees than those therein prescribed. IV. In no sriminal case where there is appeal from any other court to the Court of Appeals, shall it be necessary for the accused to appear _ in person before the Court of Appeals, but in a case of capital felony,-the Court of Appeals, at its discretion, with regard to expediency as to the time and place of sentence, may order a prisoner to be brought before it. General Orders Xo. 10. I. At any sale of personal property by virtue of execution issued upon any judgment of any Court of the State of South Carolina, rendered prior to the 19th day of December, 1860, or subsequent to the 29th day April, I860, upon any cause or ac tion arising on any contract entered into prior to tnc iota day ot December, 1860, if the highest amount offered or bid at such sale for such property shall be less than two-thirds of the fair cash value of such property, which value shall have been ascertained and fixed on or before the day of sale, by the defendant, one by the plaintiff, and the third by these two, and a minute of whose appraisement shall be certified on the process by the officer holding the same?then, and in every such case, it shall be the duty of the Sheriff or other officer conducting said sale, at the request of either or any party the record, then and there to adjourn and postpone such sale for three calendar months. II. At anv sale of real estate hv virtue of execution upon any judgment, or by virtue of any decree of any Court of the State of South Carolina, rendered prior to the I9th day of December, I860, or subsequent to the 29th day of April, 1805, upon any cause or action arising on any shall not app y to executions for the ir collection of overdue taxes nor to any si process for the enforcement of any ai lien for labor or material recognized h and guaranteed by the laws of the M State, or by any military orders. si ORGANIZE! ORGANIZE! p, "Wc think that it is high time for r( the white race of the South, to or- * ganizo everywhere. If they had pur- 0 sued this policy before registering took place. and before the elections u held for a convention, it is more than 111 probable, that few or no conventions would have been held. AVc are aware ^ that the most potent reason for their ^ not organizing was the fear of doing any thing which would bring about an ^ antagonism of raees in the South.? S( The interest as well as the peace of 7 both races, required that they should 1S live in harmony together. But this ^ precaution is now at an end. Radi- 7' cal emissaries have been sent through- S( out the South, supported by largo ?J contributions of money from the lc North, to organize, by secret asso ' 'i i a.. 11 (nations, tiic uiacic race against uie white. It is done. We cannot undo it; and are, therefore," compelled to ai organize in self-defence. S Fortunately, the great question of negro supremacy in tlie South, is not J a question affecting the South only. ^ It is as wide as the Union of the U. ^ States, and the constitution itself, l>3r " which alone this Union exists. The w people of the North, in every city, village and hamlet?inhabiting their 01 o . o mountain sides, or rich valleys?driving their factories or ploughing their fields, are equally interested. The wild cries of revolution which are now B heard in the walls of the capitol a t ? Washington, demanding negro suffrage at the South, also, cries aloud a for a fresh despotism over the North, 111 by an overthrow of the constitution, g None of its sacred guarantees stand in their way. The powers of the legislature in Congress, is in the hands 11 of a secret tyrannical caucus. , The *1 powers of the executive and of the 111 judiciary, are to he destroyed; and the army of the United States is to tl be used by the congressional dictator, r( to carry out their despotic behests by the sword. Thus tlie whole struc- ai turc of the government of the United Statcs,?the Union,?the constitutioxi,?sirtd all the great principles the government establishes, are involved tl in the subjection of the white race u:f a the South to negrb domination. ^ The northern people arc, every- al where, arousing themselves for the 81 great and vital conflict. Does it become the white race of the South to v< be passive ? Here, its first terrible ^ strife and ruin is to be realized. We " arc the immediate victims of its tyrannical experiments. We partici- 81 pate with tjie North in the loss of lib- ^ erty ; and the foul despotism which will spread over the whole of the U. ei States; hut the immediate practical S1 effects of negro rule will be peculiarly ot ours. The whole property of the Southern States will be put into the ^ hands of the negroes, to be disposed of according to their discretion.? Those who own no property, arc to lay all taxes on property. The jus- . tice of the country, is to he adminis- 1,1 tered by negro judges and negro jn- c" ries?the police of the country?and, its militia, to be regulated so as to be 111 ministered to negro interests and negro. n< supremacy ; and the white race, will T' thus be forced to fight out their self iu protection, or leave the country. Now, with such momentous issues 7. _ _ \l* before the white of the South,?can ^ they with any safety, any longer postcontract entered into prior to the lptli v, day of December, 18U0, if the high- J; est amount offered or bid at such ^ sale for such real estate shall be less than two-thirds of the amount of the valuation of such real estate, as assessed in the last preceding assessment for State taxes, and a minute of which assessed valuation shall bo certified on the process by the officer ,-ri holding the same?then, and in every such case, it shall be the duty of tlu; v< Sheriff, Master, or other officer con - f;] ducting such sale, at the request of a either or any party to the record, 0 then and there to adjourn and post- C( pone such sale for the period of three \\ calendar months. h 111. The provisions of this order lr pone organizing themselves for the fi protection of their lives and the lib- st erties of their country ? tl The condition of things throughout 01 the United States, clearly indicate fl what kind of organization they should 11 establish. It ought to be in unison and association with thegreat party o:* the North, which is contending in the I same cause. Whether called Con- f? servatives or Democrats, makes no r< great difference. The principles a* *1 vowed by this great party at the 1' North, arc undoubtedly those of tins w Democratic party of the United States. They demand a limited Fed -1 eral Government at Washington.? ft They require the existence of the J m States, with all their reserved rights 11 under the constitution. They resist 111 consolidation, and the despotism i>; it 4 \ 4 icvitably establishes;?and they in-' r st on the preservation and perpetti- ? tion of the Free government, they ave inherited from their ancestors. ? fe, of the white race of the *South, tould be in close and corresponding ?sociation with this great party. Our olicy in the South, should be largely . gulated b}r theirs in the North. To to now their policy, and to know our ole tvn;?to act together with them, and cli ? rilitnin with thnm n cnmnmn trinmnli tt ver our common enemies?(the one- j ^ lies of our race and of free govern-, lg^. icnt in the world), we must organic associations or clubs all over the C0! outh. " Men of the white race of South to arolina! will you not band yourdves together, to save yourselves and our country ? In every district, par- Mi h, county, village and town in South tin arolina,?will you not organize to ourselves into Democratic or Con- tb irvativc associations? In this way-^ rily, can you combine your strength, >ryour protection. In this way only, " in you put yourselves into close af- c nity with the great party at the rorth, struggling for your rights, ad struggling for their own, in the Tb rami faith, of the righteous omnipo- ba nee of justice and the constitution. th< >c patient, yet active?be resolute, an et politic,?have faith in God and pa our future high destinies, although . ark now, yet fitted to illumine the . orld?and you shall not fail. Men aa F the white race of South Carolina ! rganize?! organize?! organize?! Charleston Mercury. so ?... he Relief from the Fbeedmen's la: 'Ureal*.?Brevet Major General;R. h* F. Scott yesterday received the fol- jn iwing important letter from Gener- to, I 0. 0. Howard, Chief of the Freedion's Bureau. It will be read with reatinterest: aa , Washington, Jan. 27th, 1868. e(* 'General:?Yonr circular of Jan- nn ary 16th, 1868 is received. The only de ling 1 fear is, that an impression co lay get abroad that a greater amount M F supplies are to be furnished than nc ic funds 7. am able to devote to the p]( ;licf of destitution will warrant. ^ With the understanding thai there ^ re but three States where there is likelyhood of famine, South .Carona, owing to providential causes, ru as a larger number of destitutes tei lan any other State, I have allotted of larger proportion of funds to Soutlj bu arolina than to any other. Yit tbfli tic mount, even for South Carolina is nail. j In addition, wo have desiccated jgetables arid desiccated potatoes, hieli may be so used as to remove J ic possibility of starvation. These supplies must be used in an icli way tliat the sums expended bo ill be secure, and be returned to the tic uid from which they came. To this ho id, take liens upon realty and the st, owing crops and personal property 'the recipient. |f<! You will find it necessary to be 7 cceedin^ly careful that men who ' i its :ivc or can get means do not step in iia jfore those who arc really in need. ni( he whole subject is stated in your gh st clause, "these supplies are only pr tended by the Government to relieve an ctreme cases of destitution." pe Supplies must not, however, be ce irnished in a way to promote idlejss. I fear the charities of last jar from benevolent associations, ru id to some extent from the Bureau, some localities, have had this ten- m< jncy. Your experience in the past th( ill enable you to take methods hn avoid this difficulty the coming faj jar, so that you may never aid peo- c0 e who are not honestly anil indus- Qt iously engaged in securing for , ? lemselves a competency. Very respectfully your obedient 801 Tvant, 0. 0. HOWARD, At r .. n i rs : ; o * major-uencrui v,uiiiuji5sioner. *hj ? - go The labor question seems to be ^ radually settling itself in Georgia. . . correspondent who lias been traidling in that State, writes: "So f ir as I have been able to observe, lt 11 along my journey, not more than nc fifth of the force engaged for the th lining season are to be paid stated ta' ages. 'Hie highest wages I have W1 card contracted for was seventy dol- 0j{ irs and board. The average is about fty dollars per year. In many in- . :ances, good hands are working for in' icir food and clothes. In a majority P? f cases an interest in the crop is all 1S* lat is furnished, the freedmen find- ph ig their own provisions." eli ... wj The Freedmen's Bureau.?The 0f [ousc Committee on Freedmen's Aflirs has instructed its chairman to ^ jport favourably a bill continuing ^ le Freedmen's Bureau till July, 869. Provision is, however, made by hich the power is given the Secre- ^ iry of War to close it in any State i?l efore that;time if restoration is ef- tn >cted and its members have been ad- th litted to Congress?though this shall th: ot be done unless such State has lade full provision for educating all s children. sto IE | ? FHE JOURNAL. Tuesday, February 0, 1868. The Condition cf the > South. It is 6aid that " misery likes compi an adage not complimentai frail humanity, but like most of tho 1 saws founded in some practical tru minatea r>y tne experience 01 agt there bo any consolation in the fa< it our neighbors are as poor and Bering as ourselves, our people mi nfort themselves to its fullest extei recent journey from South Carolii Texas and back, enables the writ say, from observation and intercour th the people of Georgia, Alabam ississippi, Xxmi6iana and Texas, th 3 ruin and distress prevailing here: a goneral intent, common to c 3se States. The same causes whi< ve combined to render South Caro so much poorer now, than at i] iso of the war in 1865, have preva to a greater or less extent in i Dse States, with the same result. le upper counties of Georgia, A1 ma, Mississippi and Texas, whe 0 white race largely predominat< (1 the system of agriculture pursue rtakes rather of the nature of fari ?, than planting, though suffering ncially, are in comparatively a coi :tlblo condition, materially, but t lole planting interest of all the Sta1 uth of this, is prostrate and well nij peless. Business is at a stand a: rge stocks of goods and no trac avy debts, and exorbitant intere volve the ruin of thousands in all t wns and cities from Augusta to Galvi a. Capital to sustain the merchant d planting interests, cannot be proct on any terms, or for any securiti (1 as a consequence, intelligent m claro their conviction, that in t tton growing regions of the grc ississippi valley with its tributary ?t more than one fourth of the lan anted the last year, will be cultivat is. The sugar interest of Louisia is been fatally crippled and many e finest estates are but a inelancht in. The Levee at New Orleans, on aming with untold wealth?the nu earth's richest products?a scene isy life thronged by men of all n >ns" and tongues, now in the nvidst e busy season, looks down upon t ighty river in almost silent and so ry desolation. The fatal placard,' adorns the walls of vast nu; rs of the houses in that ancient cil d the nanors and shop windows tr ?: i und with the e<pu^}ly significant i e, "selling at cost." Hundreds useless and homeless poor roam t :eets by day and are lodged by t lice at night, and despondency ban i pall over the business couimunii at with all this the Creole city still wo? i holitday aspect, and bright smiles a arery greetings lighlen the gloom a idden tho hearts of the saddestecious heritage from their Fren cestors. Mobile wears a busier i ct than lior sister cities, from the cr ntration of the cotton trado in a sni ace, and thero is too, less coniph in in Alabama than in Louisiana. Texas, where as late as a year a; )ney was abundant and tho hopes o peoplo high, thero has been p( ps a more complete and disastio lure of tho crops along tho coi unties, than in any other State, ilvoston, which lias grown immeni during and since tho war, and pi uts tho newest and finest appoaran all tho cities of tho South, exce lantn, is at present paralyzed by t luro of tho crops. Largo stocks ods encumber stores which nro bu customers, and planters vainly see j; advances, are seen at every cor in lanta has risen from her ashes a is difficult to realize that 60 late o had boen razed to the ground, I ero has always been a wonderful lity about this same young city. Nc lence this wide spread ruin and d< ition of the fairest land on eartl hy, with their millions of wealth see g investments at from 2 to 3 per cei r annum, should not foreign capiti s come to the rescue of the Southe inter aud merchant The soil, t mate and the people are the as sai len great staples filled the treasuri the world and gave life to conunei d the mechanic arts?why now, 1 o first time in its history, should tl ight fall upon the land of the Sout r want of capital and labour to nm productive V Let the rulers at Was gton answor to God and thoir cou rmen. Their panacea for tho ills e country has been forced down ti roats of the people and their arrogar isguided, ignorAnt an-1 prejudiced i uments through whom they seek establish their policy, are in full blast in ? ? all these States. The results are to be f seen in the common ruin which involves J - ' us, and sooner or later will prostrate, t if persisted in, the whole country, ? a- ! North,"South, East and Wyest. Another Barn Burnt. 1 ^ About three o'clock on Tuesday ? morning last the barn of Mr. A. H. j ^ JLSoyki.v, on SwiltiJreeif, was destroyed ' a0 by fire, together with 2,000 bushels of corn. The fire Was no doubt the work < ^ of an incendiary.' [ 1Q Bound Over. | er . "One Macicey," ("so called'' by Geohok A. Williams, Lieut. Col. and ] aj. Major 6th U. S. Infantry, &c., ) a dol- ^ ^ egate to the Convention, who commit- ^ H ted an assault on Mr. Logan, of the 1 Mercuiy, has been bound over by the | j. civil authorities of Charleston in the ( sum of five hundred dollars, to keep , j the peace for a year and a day. * f ill The Convention. - . J ~~ Witliin the week past, there has , a* been littlo done by the Great-Ringed- ] ro Streaked-and-Striped. Resolutions, al- i 3S> mostinnumerable have been introduced, A. but as they nre o? littlo. importance, we 1 " shall devote the space they would, occupy to matters of more general in- | n" terest. As was to have been expected, ho they have excluded tho Editors of the Mercury from seats in the august as=h semblage. ,1(1 The pay of the members was fixed Le, at eleven dollars per day, and the ordst, nance levying taxes for their payment he was passed to its third reading. The is- tax, in addition to that already'levied ile by Gen. Casby, is as follows:?"7 1-2 ir" cents on every $100 of real estate, 15 os, cents on every $100 of manufactured en articles, 50 cents on every $ 100 buggies, he carriages, &c., 15 cents on every $100 )ot of gross sales of merchandize, os, Mr. Thomas J. Coghlan, (white) of ds Sumter, offered the following, which ed was referred to the committee on Misnn cellaneous matters:? of Whereas, the prosperity of the Shite, >ly like that of families, depends on the co harmony existing among its members, and the precepts of trne religion teaches us to do unto others as we would ?* they should do unto us; and a- Whereas, our newly enfranchised , of cozens havo displayed their good sensa. jie and strong love of country by a cordial and unassuming co-operation with the 1_ rest of their fellow-citizens, in promot0 ting the frue interests of our beloved m- State and glorious Republic; be it ty, Resolved, That this Convention take a_ such action as it may in its wisdom deem compatible with its powers, and k0" nnrulnnivo to tho rmblie w al. tn oxnnnwi r * - I ' 1 p01 forever from the vocabulary of South he Carolina, the epithets "negro, nigger, he Yankee," as used in an opprobious sense. Resolved, That tfre exigencies and improved civilization of the times deirs mand that this Convention, or the lend gislative body created by it, enact such n(l laws as will make it a penal offence to uso tho above epithets in the manner described against an American citizen C*1 of this State, and to punish the insult JS- by fine or improvement. On Friday $12,000 were received from all Columbia, for pay of the1 members, Jte upon the announcement of which Con? veution adjourned until Monday. . 50, On Tuesday, the ordinance xnvalidaof ting all contracts for the purchase of Jr- slaves, was taken up and passed by a us vote of 96 to 19. ? Tho Right Spirit. so- Tho "Sovereignty of tho State," not e- satisfied with having raised a row with ice the reporter of the Mercury, and exipt pelling him from their august body, it ho appears, also excitod a 1110b, which soof riously contemplated an attack upon 1 ,ro that office. k- After giving the source from which 1 sr. the facts were ascertained, and the prond cautions taken to suppress any attack ily upon the establishment, the editor thus | >ut defies them:?"We deprecate exceed- j vi- ingly a public disturbance, but if it is 1 >w desired by t e negroes or negroites in 1 ?3. Charleston, to have a row, they can ] l o have it. and a eood one. The white , , ' men of Charleston aro not all dead; and, although thoy avoid collision, ifvio- , lence he inaugurated by Radicals and J al- negroos, the responsibility of the conrn sequences will rest with the latter, j If it is the intention of the military * authorities, as wo have not a doubt it ' u0 is; to protect civil rights, and to guard { ies the peace of the community at every c ce : cost, it will be done. 1 or ! In any event, we have but to say | 1 that The Charleston Mercury will pur-t suo its courso unmoved by the thr ats I ( ' of ruffians or the demonstrations of j s ko negroes. Wo publish a white man's i \ h- PAPKit in a tchitc man's country-, and n. it is our intontion, to uphold the ; ? rights of white men and expound their 1" 0 oppressions, whether against the clam- i1 '10 ours of a revolutionary body of whites ^ it, in Washington, or an unconstitutional c n_ assembly of blacks in Charleston j t And we are much mistaken, if there n to are not friends enough of the Mercury ' e . * LigggggggggBMaai' imongsf the white men of Charleston sffectually to protect this office, and with, it their rights, and the liberty of he press, against all the negroes and heir instigators between the Ashley rod the Cooper Rivers. ' We have confidence in the intention >f the military to enforce order, and we lave confidence in the willingness and tbility of the white men of Charleston o protect their rights in as, against ne~ < fro mobocracyl'* - . > vv J The Condition op Affairs rsr . J Soutii Carolina?Relatd&Ss be- 91 rween Planters and FReBdmen.? ' General Howard, Commissioner ef' ;ho Frcedmen's Bureau, (says the iVashingfon Star,) has received a report from Brevet Major General E; K. Scott, Assistant ; Commissioner? *or the State of South Carolina. In ? ;he Charleston District mnch complaint has been made against the nogigence of the freed people as laborjrs; that they would not do the amount >f work they should; that they ihjent themselves to attend reiiaious ? ?' ? o - ? md political meetings', thus losing r. * themselves, and causing the planter to lose also. In .many-sections tliey ... have worked well and given general satisfaction, but the' operations of the Union League have been detrimental to them, as it tekes-them feom their work which is more important to them than politics, and they often receive bad advice through the league by designing men. In the Darlingtott District many planters commence#^ with nothing, and their credit had been pushed to the utmost. The la-'. bor was terribly unreliable. Men who were capable of picking one hundred' pounds of cotton between sunrise apef ' noon would eome from the field i t night with from thirty to sixtv / pounds as the result of a whole days.' labor; and frequently they, had as much more hidden in the field, which they would carry off at night and sell r for their own benefit, finding plenty . of purchasers for the sajnc, and.selling; . at a price little better than nothing# ' The Freed men also have frequently",' walked miles to attend religious ana political meetings, sometimes leaving without reason or right, spending two or three days each time, causing planters much inconvenience an&loss, and not improving their own chances for a respectable crop. Not more than five freedmen in a hundred have made more than their provisions this. year, and many are much in debt to " ^ the. planters, and therefore will be ' unable to support themselves next year. They invariably ; believe that the planters owe them, no matter how much they hare drawn during the year, and therefore when they find they have been overpaid they are very much chagrined, and declare they have been swindled. The blacks are improvident, and will flood a planter with applications for oWlers on stores, never stopping to consider 7 how deeply they are running in debt, and not until the hour of settlement do they desire to know how much they ~ J| owe. Many seem to be apprehensive of bread riots, and of serious1 MB trouble between the races, and such fears are not groundless, as laborers defiantly declare that if they get j nothing, the planter shall lose all.? j This it is that makes the crime of arson of such frequent occurrence.? Thieving seems to be the rule rather than the exception, cattle, hogs, corn, and cotton, anything that will satisfy the pangs of hunger or bring mo-. j ney is sun to disappear, so suddenly and secretly that no tangible trace of the criminal can bo found. In Sumter District, seven-eighths of the freed poop'c are in debt to their employers for the necessary advances while making the crop. A class of white men go about the country for the purpose ^ * of robbing the people, they get com and cotton from the freed people, giving in exchange therfor whiskey, and other unnecessary articles. It ^ is earnestly recommended that some ' tops be taken to prevent this illicit traffic. An Apt Illustration.?In a recent speech, the eloquent Hon. Daniel W. Voorhces made the following apt illustration : " God made the eagle and the owl. He gave to both plumage and wings. In the same ^ class of large birds of the air ranged ^ He tnem: 1lie same atmosphere ind the various seasons were common to both. God created the Caucasian ind African. With brain, muscle i ind nerve endowed He them. Witl\ I jlood and soul and the erect posture j hey are distinguishable as members >f a general family. There was for L joth the same earth to yield its til-. J age; the same sunshine and rains; I lie same seas upon which to spread | jommerce; the same elements for | cicnce to extract benefits for man, Ys the eagle to the owl, so the white ] nan to the black, stand in the same elutive positions as they were found n the twilight history, T et the eagle mt attempt to take the owl to its yries and its habits, and both fall to he earth together. Let the white nan assume to make the negro his 't1 qual, and the vain effort to erase tho