The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-07-06
P e O G L A NJ A TON

By His Erceiency James l.. Orr Governor and Comman
dertn-Chief in and orer The State Of South Carolina.
NTHEREAs. MAJOR-GENFRAL SICKLEs, COM
w MANDING Department of tho Carolinas. on tho
26th inst by Special Orders No TO- has directed
white persons in military custody charged with felo
nes or misdeme,nors the persons and property of
colored persons should be turned the civil au
thoriies for trial. and that like arising hereafter
will be disposed of IN the same manner:
A ana where - this ordcr1se gratifying to the feelings
the legal opinion of Chief Justice Dunkin given upon
the ur Ont request Of this Department.. and comnlni-
under the Goth and 3Oth sections of the Act organ
ze the Distret Courts are competent witnesses in the
whites on the person property of person OF color.
3D. That they are competent make afdavts and sue
out warrants against whites in felones msdemean-
ors and also to testify before Grand Juries in such
cases. rs well tho trial before tho Petit Jury And
Sd That until the Distr ct Judges commissioned
the Court OF General Scsaons retains Jurisdiction OF
cases OF misdemeanor committed by whites on the per-
kin says: "The Court of General Sessions had always
cognizanSo of offences committed by white persons
against the person property of person Of COLOR"
In the of State HILL I'd Speer l6O ich was an
against white person for assault and bate
but recognized we'll settled law for than half
having been put in operation suppose the General i
risdciion OF The Court of Sessions remain; aud un-
Judges in reference to OF basardy yagrancy
which have come before them.
case civil and criminal in which person OF color is
party or which affects the or property Of per-
is remsds and must ne beR
In reference its object My opinion is that
OF color are competent to testify before Grand Juries
and Mag isrates In criminal touching the person
or property of persons of color.
And Whereas the security of the liberty of the citizen
arising from his right be tried jury of his peers
can only be retained In the present anomalous condi
ton OF the country, by the civil officers of the State
executing the principles contained the opinion of the
justly Chief Justice in good faith and with
an earl eat desire to give security and protection the
persons and property OF the colored population.
And to the eId that this high privilege may be re-
taned by tho good people OF this State T. JAMES L.
ORR, Governor the State. 10 Drocaip and aa-
clare that s the duty of every Civil Magistrate to give
careful consideration to every complaint made to him
by person Of color against white any felony
or msden alleged to have beea committed against
upon such consideration concludes that there
able grounds for such complaint said Magistrate shall
take the affidavit of such person of color issue his
warrant against the offender, requiring his and
denera sessiono. just he would do If the party
making tho complaint were white man; and he wilt
also recognize all witnesses by whom the complainant
may aesre 10 prove the charge, is provided by
sherffs and Constables will promptly faithfully and
fearessy execute all such may be placed In
their hands ~ f ~
And call upon all good citizens to aid in the fair and
ed by the and very soon the earnest wsh
expressed by the Commanding General in Orders No
l9 pubshed herewith for the information of the peo
pe hat will not be long before may truly said
person or property, of even the humbest inhabiant,
may be committed with impuniy in the State of outh.
carolina, Will be happily realized.
Given under my hand and the great of the State at
T.. g. 1865, and in the ninetieth year of the fnde
49, pendence Of the United States of America
w p ur,,uu, s,.. JAMES L. ORR, Governor