The Columbia daily phoenix. [volume] (Columbia, S.C.) 1865-1865, 1865-07-20
Headq'rs Department Of the South,
HILTON HEAD. s. c., June 81, 1865.
GLNE'R 4 T. ORDERS no 100

1lll.lON HEAD. :. C., JUNE 81, 1865.
GENkH1L ORDERS NO. 102.
XH7 It'll q view to establish, and preserve
w good order, settle disputes, encou-
rage industry, compel obedience TO laws
! and orders and educate the poor, The fol-
! lowing rules and regulations are hereby
established, and will be put in operation
throughout this Department with as little
| delay as practicable:
! l. District Commanders will divide their
commands into sub-,listricts of suitable
size. each comprising one or more Counties.
! Parishes or Congressional Districts. 70
| each sub-distrct they will assign com
manding officer with ~ suitable number
| of troops.) an Assistant Provost Marshal
and an Assistant Provost Judge. II per-
, manent Provost Guard will be placed
| under the immediate orders of the Assist
ant Provost Marshal
II. Within each sub.district Superior
Provost Courts and Circuit Provost Courts,
composed of not more than three members
each-shall be held at stated times aud
places. The Superior and Circuit Provost
Courts to have concurrent jurisdiction
over nll cases as hereinafter specitl ed that
can be properly tried before them.
III. The Superior Provost Court will
habitually hol:l its sessions at sub-,listrict
headquarters; and will be presided over
by the Assistant Provost Judge. who may
associate with him one or two respectable
| loyal citizeus, giving the preference to
local magistrates, other things being equal
". Circuit Provost Courts shall lie held
at important points and at stated times
within the sub district. and shall be pre-
sided over by one of the members of the
Superior Provost Court. designated by the
sub district commander for that purpose
| The President of the Circuit Proves. Court
may associate With him one or two loyal
citizens or magistrates.
Y. The courts above named shall have
power TO try all cases between citizens.
and between citizens and soldiers and all
crimes and all violations of military orders
and the laws of the United States which
/, do not come within the jurisdiction OF
court martial. and to issue the usual pro
SIS for the attendance of witnesses, and
| uecrees for the possession of property, and
| for the payment of debts, damages and
costs. The decrees will go only to the
right of possession and not Of property.
They may impose fines not exceeding one
hundred dollars (Slo0 and imprIson not
exceeding two months. Offences by cit,-
zens requiring a severer punishment. will
be tried by q military commission. They
will appoint their clerks md other officers.
| shall keep o record of their proceedings,
subject to the revision cf sub, district and
higher commanders and will adopt rules
and forms of procedure. which shall be as
! simple rs possible. Citizen members Of
i courts may be allowed three dollars fox
each days Attendance. The fees charged
will be merely sufficient to pay all expenses.
M. Appeals from the Provost Conrts
will be had to the sub district and district
commanders, under such rules and on such
terms as the district commanders may
f. provide.
| VII. All parties to suits before the Su-
| per:or or Circuit Provost Courts may
employ counsel. Bnt all persons bringing
suit or appearing as counsel before said
courts. ns we'll as the citizen members Of
said courts, vii! be required to give proof
( that they have taken the oath OF allie
! glance.
VIII. 1t is the duty of the military au-
thorities throughout this Department..
! when called upon to do so. to aid the
| Assistant Commissioners and Agents of
| the Bureau of Refugees. Freedmen and
| Abandoned Lands" in the execution Of
their duties under the laws of the United
States and the orders of the Commissioner
of said Bureau, issued in accordance
Herewith; and, when there is no such
Assistant Commissioner or Agent upon the
spot. to take cognizance themselves OF all
violations Of such laws and orders. All
cases Of such violation may be tried before
the conrts hereinabove authorized.
TX: All cases properly coming within
the jurisdiction Of these courts will be
brought 10 trial promptly. and all unne-
cessary arrests Of citizen. will be avoided.
y The existence OF the courts herein
above authorized will cease whenever and
wherever the functions Of the officers Of
the civil laws arc restored to operatio-. ny
proper authority.