Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-07-11
REORGANIZATION


By his Ercellency JAJlEsL. DER, Gorersor and
South Carolina.
vErHEREAS Major General Sicltlos, COM
wv manding Department of the Cnrolinas, on
the 2sth inst, By Special orders No. 19, has di-
rected that white persons in military custody,
| charged with fclonies or misdemeanors on the
persons and property Of colored persons, should
be turned over to the civil authorities for trial,
and that like cases arising hereafter will be dis
posed of in the same manner:
And whereas this order-so gratifying 10 the
feelings and sentiments of the people of this
State-is based upon the legal opinion of Chief
Justice Dunkin, given upon the urgent request Of
this Department, and communicated to Gen.
Sickles: 1st. That persons of color, under the
2sth and 30th sections of the "Act to Organize
District Courts, ore competent witnesses in the
Court of Sessions in all cases of felony committed
by whites on the person or property Of person
of color. I'd. That they are competent to make
afldavits and sue out warrants against whites IN
felonies and nisdemennors, and also to testify be-
| fore Grand Juries in such cases, as we'll as on
| the trial before the Petit Jury. And Sd. That
until the District judges, are commissioned, the
Court Of General Sessions retains jurisdiction Of
cases of misdcmeanor committed by whites on
the person or property of coored persons. Chief
| Jugtice Dunkin says: "The Court of General
Sessions had always cegnizance Of offences COM
mitted by white persons against the person or
property OF person of color. In the case of
'State vs. Hill,' "a Speer, $780, which was an in
dictment against a white person for assault and
battery on free person of color, it was rot only
so ruled, but recognized as well-settled law for
more than half century. The District Courts
of December, 1865, not having been putin opera
ton, I suppose the general jurisdiction of the
Court of Sessions remain and understand that
such has been the rulipgof the Circuit Judges in
reference to cases of bastardy and vagrancy
which have como before them. The 3Qth section,
Act 1865, provides, That in cry ease civiiand
criminal, in whichia person of color is sparty,
or which affect, the person or property of aper-
son of color, persons of color shall be competent
Witnesses 1t is remedial statute and must be
construed in reference to its object. My opinion
is that persons Of color are competent to testify
before Grand Juries and Magistrates in criminal
cases touching the person or property Of persons
Of color"
And whereas the security of the liberty Of the
citizen arising from his right to be be tried by
jury Of his peers, can only be retained, in the
present unconscious condition of the country, by
the civil officers Of the State executing the prin-
ciples contained in the opinion of the justly dis
tipguished Chief Justice, in good faith and with
IN earnest desire to give security and protection
to the persons and property of the colored popn-
lation
And to the end that this high privilege may be
retained by the good people of this State, l,
JAMES L. ORR, Governor of the said State, do
proclaim and declare, that it is tho duty of every
civil Magistrate to give careful consideration to
every complaint made to him by a. person of
color against u white man for nny felony or mis-
domcanor alleged to have been committed against
the person or property Of person of color; and
if he, upon such consideration, concludes that
there are reasonable grounds for such complaint
said Magistrate shall take the affidavit Of such
person of color, and issue his warrant against
the offender, requiring his arrests and recognizance
to appear at the next term of the Court of GEN
eral Sessions, justas he would do if the party
making the complaint were white man; and he
will also recognize all witnesses by whom the
complainant may desire to prove the charge, as
is now provided by law, for securing the atten-
dance of State witnesses. All Shcrifs and Con-
stables will promptly, faithfully and fearlessly
execute all such warrants as may be placed in
their hands.
And call upon all good citizens to aid in the
fair and faithful execution Of the laws of this
State, as expounded by the Chief Justice; and
very soon the earnest wish expressed by the COM
,nanding General in Orders No. 10, published
herewith for the information Of the people,) that
it will not be long before it may be truly said
that no offence against the peace, and no injury
to the person or property, of even the humblest
inhabiiaut; may be committed with impunity in
the State of South Caroline" will be happily
realized.
Given under my hand and the great seal Of the
State mt the city of Columbia, the Goth
fl. S. day of June, 1885, and in the ninetieth
year Of the independence Of the United
States of America.
JAMESL. ORR, Governor.
WM. r. HUNT, Secretary Of State.