The Camden weekly journal. [volume] (Camden, S.C.) 1865-1866, 1866-07-27
PROCLAMATION

! By' lis Ereslleaey JAnEs L. ORR, G0r@-
nor apa Gpmmaader-in- Chief IN and
! orer the State Of. South Carolina.
WHEREAS, MAI. GEN. .SICKLES,
W commanding Department Of the
! Carolinas, on the 26th instant, by Spc-:
cial Order no. 10, has directed that
white persons in Military custody,
charged with felonies Or misdemeanors
Oh the persons and property of colored
persons, shoul be turned over to'thc
civil authorities for trial, and that ike
cases arising hereafter will be disposed
ot IN the same manner:
And whsreas, this Order-so CRAFTY.
ing t the feelings. and sentiment 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. Sicklrs: 1st. That. persons of
cc!or, under the 29th and both sections
OF the "Actto organize District Courts"
are competent witnesses in the Court
OF Sessions in all cases Of felony COM
mittcl by whites on the person or pro-
peTty OF Il person Of color I'd That
they are competent to make alfdavits
and sue out warrants against whites in
1tlonies and misdelueanors, and also to
testify before Grand Jurics in such
cnscs, .as well as on the trial before the
Petit Jury. And Sd. That until the
District Judges are eommi stoned, tho
Court Of General Sessions re aims ju-
l;sdiction Of cases Of misdemeanor COM.
7nitted by whites on the person or pro-
perty Of colored persons, Chief Justice
Dunkin says: "rhe Court Of General
Sessions had always cognizance OF Of
fences committed by white persons
against tho person or property OF q
person cf cnlor." In the case Of State
vs. Hill, I'd Spear, $50, which was an
indictment against {. white person for
assault and battery OIL q free person Of
color, it was not only SO ruled, hut re-
coy'lized as well settled law for more
than llalc Il ccn5ury. The District
Courts Of December, 1863, no. having
been put in operations, | suppose the
general jurisdiction of he Court of
Sessions remain; and l understand that
such has been the ruling of the Circuit
Judges i'll reference to cases Of bastard.y
and vagraucy which have come before
them.
Tho 30th eection, Act 1867. provides
Chat III every case, civil a,d criminal,
in VIII ch per*on Of color is Il party,
Or which affects the person OF property
eta person ot color, persons uf .coiur
shall be Competent witnesses. 1t is
remedial Statute and NUT be construed
s., reference to its object ME opinion
is, that persons OF color arc competent
to testify before Grand Juries and Ma
gistratcs in criminal cases touching the
person or property Of persons Of color.
And whereas, the security Of the
liberty of tho citizens arising from his
right to be tried by u jury Of tho peers,
can only be retained, in the present
;!aollalous condition Of the country,
by the civil officers Of tho State c1ecu-
ting tho PRINCIPLES contained in the
opinion Of tho justly distinguished
Chief Juctice, in good faith and with
all earnest desire 10 givo security and
protection to the persons and property
OF the colored population.
And 10 the end that tllis high privii-
lego may bo retained by tho good peo-.
pic OF the State, T, JAMES l.. ORE, Co
werner OF tho SAID State, do proclaim
and declare, that it is the duty Of every
Civil Magistrate TO give careful, ,consid-
Grafton to every complaint made to him
by person OF colo7 against q whito
man for any felony or misdclneanor
nlicdged to have been committcdagailst
tho person Or property Of person of
color; and if he, upon such conside.a-
ton, concludes that there arc reasoaa-
bio grounds for such complaint, said
Magistrate shall take tho affidavit Of
such person Of color, and issue his war
rant against tho offender, requiring his
arrest and ,rccognizance to appear at
tie next term OF the Court of General
Sessions, just as he would do if tho
PARTY making the complaint were
whito man; and he viii also recognize
all witnesses by whom tho complainant
may desire to prove the charge, as is
now provided by law, for securing the
attendance Of State witnesses. All
sheriffs and Constables will promptly,
faithfully and 1earlessly execute all
such warrants as may be placed in their
hands.
And 1 call upon all good citizens to
aid in the fair and faithful execution of
the laws Of this State, as expounded by
the Chiof Justice; dnd very soon the
earnest wish expressed blythe command
ing General in Orders No. ig, (pub-
lished herewith for the information of