The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-07-10
vRG0CLaAMATIoN

! T4hI ..;:Sd.i - - }E+s..sssr FL. IS
BY Ills Erceilency JAMES T.. ORR, Govsrnor.
and, COMMANDMENTS Chief IN and oper tie
State Of South Carolhad: r,.., a..
| WHEREAS, MAJ. GEN. s1CKLHs, COM
! w nandmg Department of the Carolnhs.
on tho tie eI,26th. ihstanf2 by Specia! Order
No, 10, has directed that white persons in
military cuslody, charged with fe!onies or
msdcmeanors Oh the persons end property
ofcolored persons, should be turncd over
to the civil authority for trial, and that like
cases arising hereafter viii be disposed of:
| III the same manner: :.!!.F
And whereas, this Order so gratfyingto to
the feelings and sentiment Of tile people of
the State is based upon the legal opinion
of Chief Justice Dunkin, given upon the ur-
gent request Of this Department. and COM
municated to Gen. Sickles. 'IstS That per,
sons OF color, under the 10th and 3Oth sec
tons Of the "act to, organize District
CoNrts," are competent witnesses in the
Court of Sessions all cases of felony com
mted by whites on the person or. property
of person Of color. I'd, That they are
| competent to make ailidayits and sue out
WARRANTS against Whites in felonics and'mis-
demcanors, aud also TO testify Before Grand
Juries in such cases rs well as on the trial
before the Petit Jury. And I'd. That until
| the District JndSts are commissioned, the
| Court of General Sessi ons retains jurisdic.
| tion of cases Of n,isdemeanor committed by
whites on the Sersons or property Of colorcd
| persons, Chief Justice Dunkin says, .The
| Court of General Sessions had always cog-
| niznnce of Offences committed by white per-
suns against tile person or property of
| person of color" In the case of the State
VS.. Hill, I'd Spear, 100, which was an in
| M p,,t N n wi, for nN
and bat,ary on q free person of color, it
was uota only 80 rnled,u but recognized as
well settled by law for more than half a cen
tury.' The District Courts of December.
| 1860, not having been put in operatioD,,I
! suppose the, general jurisdiction of the
Court of Sessions remain and | III derstand
that such has been the ruling of the Circuit
Judges in reference to the cases of bastardy
and vagrahoy which have come before them
| The Both; section, Act 1865, provides
| "that in every case civil and criminal, lin
| which person Of color, persons of color
shall be competent witnesses" 1t is are
medial Statute and must be construed in
reference to its object. My opinion is,
that persons of color are competentuto testi-
| fy before Grand Jurics and Magistrates in
criminal cases touching the person or pro-
perty of persons of Color"
| And whereas, tho security of the liberty
of the citizen arising from his right to be
tried by jury Of his peers, can only be re-
tanned, in the present anomalous condition
of the country, by,th civil officers of the
State executing the principles contained in
the opinion fthe Justly distinguished Chief
Justice, in good faith and with an earnest
desire to give security and protectionto the
persons and property of the colored popula
zion. N~ ..t sJf ,t.a.t.
And to the end that this high privilege
may beretained by the good people of the
State, 4, JAMES L.tORR, Governor of the
said State, do proclaim and declare, that it
is the duty of every Civil Magistrate 10 give
careful consideration 10 every complaint
made to him by person of color against n
white man for any felony or misdemeanor
alleged to have been Committed against the
person or property OF q person of color;
and ifbe. upon such consideration con-
hsuoh complaint, said Magistrate shall take
the affidavit Of such person Of color, and
issue his warrant against the offender, re-
quripg his arrest and rccognizance iap-
pear at the next term of the Court Of Gene
RAJ Sessions, just as he,would do If the par
ty making Ihe complaint were a white man;
and he will also recognize oil witnesses by
whom tie the complainant may desire TO
prove the charge, as is now provided by law,
for securing the attendance of State wit
nesses. Al Sheriffs and Constables will
promptly faithfully and fearlessly execute
ali such Warrants as may be placed in their
And call upon all Igo5d citizens 10 aid in
ltire fair and faithful execution of the laws
Of this State, as, expounded by ittbe Chief
4 Justice, pnd' 'yeryssoon the earnest wish ex-
4 pressed by the commanding General ih Or
Y ders Mo- TO- fpublished herewith for tn q In