Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-07-06
F R 0 G L A NJ A T 10 n

by HIS E1ccllt"cy James H. orr Governor and
Comnant!cr-ia-C Chi,J IN and opcr ths State of
Sonth Carolina. .r-
" "uEREAs, MAJ. GEN'L SlCKLES,
w commanding Department; ofthe Carroll
mas, on the 2Gtlr inst, by Special Orders No.
10, has directed that white persons in Military
custody, charged with felonies or misicmenn.
ors on tho persons aud property Of coorcd
PERSONS should he turned over to the civil nu-
hortiea for trial, 'and thnt like casscs arising
hereaftcr will be disposed of in the same mar =
ncr: ...
And whereas, this Order.-so gratifying TO
the feelings and sentiment Of The people OF
1his State-is bascd upon the legal opinion of
Clicf Justice DUSKlS, given upon the urgent
request of this Department, and communicated
to Cen Sickles: let. That persons Of color,
under the 29th and 3uth sections If the "Act
70 organize District Courts" are compctent
witnesses in the Court Of Sessions in all cases
of felony committed by whites on The pcrauns
or property OF person of color. I'd. That
they are competent to make a:lidnvits and sue
out warrants against whites in feloncs and
mslemcanors, ond also TO testify before Grand
~Jnries III such cases, we'll as on the trial
hrlorc the reti, jury. Aud sd. That until the
District Judges arc commissioned. the Court Of
General Sessions retains iurisdistioa Of cases of
offences committed hy white persons against
the person or property of person Of color
In the ease Of STATE IS. INW. 2G !Sj.Ccr, $50
which was IN Indictment against q white per-
ron for assault nad battery on a free person Of
cvlor. it was no. oEl; so ruled, Tut recognized
as we'll sc.tl law for ,no!o tha1 half IL tcntu
~. The District Courts Of necrmLcr, 1865,
no, having been put iii operation suppose
the general jurslislion of the Court OF Scs
:ioCs remain and understand that such has
been the ruling Of the Circuit judges in ref
crcncc to cases Of bastardy and vaGrancy VIII ich
have come before thtm.
The $0th section, Act 1865. provides THAT,
iu every case. civil and criminal, in which O
person OF color lie party. or which affects
the person or property Of person of color,
rersons Of color shall be com potent witnesses"
1t is q rcmcdinl Statute aEG mret he construed
In reference to its object Ny opinion is, that
persons Of color are competent TO testify be.
fore Grand Jurics and Magistrates in criminal
cases touching the person OF property of per-
CONS Of color"
And whereas, the security Of the liberty of
The citizen arising from his right to he tried
oy O Jury his pecrs, can only be retained, in
tho present anomalous condition uf the coun.
try, by the civil officers Of the State executing
tho principles contained in the opinion Of the
ju"tly distinguished Chief Justice. in good
faith aud with m earnest desire to givc sccur-
i'y and protection 10 the persons and prep crty.
of The colored population.
And 10 tlIe end that this high privilege may
be retained by the good people Of this S1ate
!. JAMES L. ORR. Governor of tho said
state, DO proclaim and declare, that it is tho
duty OF every Civil Magistrate'to give careful
consideration TO every complaint. made to hin,
hy person Of color ngaiIst white man for
any felony or misdcmcanor alleged to have
been committed against the Person or property
at person Of color; and If he upon such
consideration, concludes that there are rrnson-
able groands for such complaint, said Nagis-
tratc shall take the affidavit Of auch person Of
color, and Issue his warrant against the oifend.
er. requiring his arrest and reeognizancc TO
appear at the next term Of The Court of Gen.
erai Sessions, just as he would do if the party
making the complaint were white man !; and
he will also recognize all witnesses by whom
tnc complainant may desire 10 prove the charge,
and ie now provided by law, for securing The
attendance Of State witnesses. All SherifIs
and Constablcs will promptly. faihfully and
fearsessly execute oil such warrants az may be
placed III their hands
Aud call upon all good citizcus 10 aid in
the fair and faithful execution of the laws of
this State, as eXpounled by the Chief Jus.
lice; MD very soon the carhrs. wish ex-
pressed by the commanding General in Or.
>d"is No. 10, published hereafter for the in.
formation Of the pcoplc) that it will not Lc
long before it Inny be truly said, that no offence
against the pence. and no injury 10 The person
may be committed with imptnity in the State
OF: South Carolina" ill be happily realized.
Given under my hand and the great seal Of
the State, al the City Of Columbia,
{1 the goth day Of June, 1906. and in
L. s. 7 the ninetieth year Of the Iudepcn-
t~~) dcnce OF tho United States Of Amer
JAMES l.. ORR, Governor. :,
H.,k. HUNT, Sscretasy Of State.