The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1866-07-11
PROCLAMATION
XITUEREAS, MAJ. GEN. sICKLEs, con,

XTUEREAS, MAJ. GEN. SICKLES, COM
~ mapding Department o! the Carolinas.
on the tie 10Th instant, Is Sptca! Order
No. 70, has directed tha, white persons IN
Military custody, charged with ielonics a.
misdcmcsnors on :hr PERSONS and property
of colored persons, shouln be tGrned over
to the civil authority for trial. aud thu! like
eases arising hereafter will be disposed o;
in the same manner:
Anl whcrcas, this Order so gratifying to
the feelings and sentiment Of the people OF
the State is based upon the legal opinion
Of Chief JEH! IL" hnnkn. given nnon il'r nr
geu, rcqucst'"t this pnpirlmrnt and com.
municatcd to Goa SicklcS lSt That per.
sons OF color, under the 2olh and 30,h sec
tionS of The ".\ct TO organize District
Courts, are competent witnesses in the
Court OF Sessions III all eases Of felony com
mittca hy whites on Tie person or property
OF y person of color 2d Thnt they arc
competent to make aihlaNits aud sue ont
warrants against whites IN iclonies and mis-
dcmcanors, and also TO testify before Grand
Jurics in such cases, us we'll rs on the trial
before the Fc'it Jury And al. That Until
the District Judges are commissioned the
Court OF General Scssi onS retains iursdic.
tion of cases of mislemcanOr committed by
whites on The rrr"ons or property of colorcd
persons, Cmcf Justice Dunlin says, ''rhc
Court oc General Sessions had always cog
nzancc of offences committed by white per
sons against the rcrSor CO property OF n
person of color" Inth ease Of the STATE
VI. llill, I'd Spear, l50 which was IN IN
diCimcnt against II white person FOR assault
aud bauary on n free person of color. j,
Wns not only so ruled, hut recognized rs
well settled by law for more than halfa cen
tury. The district Courts Of December
| 1863, not having been put in operation, !
suppose the general jurisdiction Of the
Curt Of Sessions remain ana III dcrSiand
that sucn nu t~"m tho ruling of the Circuit
Judges in reference 10 Tue eases Of bRstrrll.
and vngr ,noy which have comc before them
The 3)h section, Act 1865, provides
'thnt in every case, civil and criminal, in
which person of color, persons of color
Shall be competent witnesses" Ii is y re.
medal Statute aud must be construed in
reference to its object. My opinion is,
tha, persons OF co!or arc competent TO tcSti
| fy before Grand Jurrs and Magistrates in
criminal cases touching the person or pro
! pcriy Of persons Of color.
and whereas, the security Of the liberty
Of the ciiiAcn arising from his right TO hc
Il icd hy u jury Of his peers, can only hr re-
iaincd. in the present anourlous condition
Of ti,, country, by The civil ohcers of The
State executing the principles contained in
Justice, in good Iaiih and with an earnest
desire 10 give security and protection TO the
persons and property Of the coorcd Iopula
ton
And Ia The end that THIS high privilege
mny be retained by the good rrorlc Of lie
State, !. JAMES l.. ORR, Govc:nor of The
said State, do proclaim aud clare, that il
is the duty of every Civil .lasistyatr 10 give
careful co"eider"iio" TO every complaint
made TO him by pc"son OF cv'or against
white man for any felony on mis,lomcanor
alleged To have bccn committed against the
pH:Son " property Of II person Of color
and If he. upon such consideration con.
cludcs that there are reasonable grounds for
such complaints said Magistrate shall take
the nthdarit of such person OF color, and
issue his warrant against the offender, re-
quiring his arrest nnl rccogn;aancc TO ap.
pcnr al the next term of the Court of Gene.
raj Sessions, uSl rs he would do If the par.
~ making The complaint were white man;
and he will also recognize nll Witnesses by
whom tlcShc complainant may desire to
prove the charge, as is now provided by law,
for securing he Attendance Of state Wit
ncsJcS. All Shcriils aud CUnSlnhics viii
promptly. faithfully mud rcnr'cssly execute
all such warrants a$ may be placed in their
hands.
Aud call upon all good citizens to aid in
tho fair aud faithful execution Of the Laws
q! his State, ms cxponndcl by The Chief
justices una very soon The earnest wish cx-
pressed by ihc con man1irg General ia Or
dcrs No. 10, published herewith for the in
formation Of The people, .lhat ii viii not DO
long before il may bo tfi!y said, that mo Of.
fence against the peace and no injury to
tho person or propcri?, 81 even The humblcsi
inbabitan, may be coWmt.c cl with impuni-
~ in he State Of South Carolina" will be
happily realized
Given under my S:.ni and tic great seal
of The State, Il; the City of Columbia,
the 30tli day of June, 1866, and in
l.. 8. the ninctieth year Of the Indcpcn
dcncc Of the UEilcd States OF Amer
icn.
JAMES l., ORR, Governor.