The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-04

sed psusns q colon aad THAI under he psovisious
y S sa = 1o.sr .ss ssSs
soss Of soos f6s laws Of south Carolina A.1 not tHsl
= ss which
were concerned renamed temporarily within the exclu
81 Of shs co%S june
se appandix TO- also letter Of instructions to Brevet
5lajor General <. Scott, commanding IN south Caro-
lima, dated Charleston August 81, 1855, appendix Ill
In September his Excelsncy the Governor OF South
Carolina convened the Legislature In extraordinary ses.
che civil shts Of the Heed people, as those rrbts a,s
defined il the CIVIL Rights bill passed by Congress- This
gave ~ psopS 81 SGOr me same Ismsde.
favored citizen Their competency sue and 70 testfy
in ali cases, mako contracts and to hold convey or
hequeath property, whether real personal has been
sxpressIy recognized in South Carolina orrespondsncs
between his Presidency the Governor Of South Carolina
end the Major General COMMANDING appendix To- aiao
copy act Legislature Of south Carolina appendix i3
These laws having been officially communicated 70 me
have directed that oil cases. civil criminal in which
esna that the as and prisons be TO the sher-
In. and that military provost courts DO discontinued
for the b. - ina,
sensnorsy has not yst been oxanxed and established
lass pcrtsa q ne territory o. these Islands remains
eesssa psrssass the legisaiion Of Congress Il the
q sss:s ' csi ss ~, HAssss s', 3:
me couris throushout NJ dspalsaeut have been in
ssanee1 from enfsnainne rosecuaooe - sutte Against
sssssi ssy one Who sSs1 % he UsIoa during ihs
Esssoa for sss done y oppessce rsbs forces and
lsaAs o. Other properly hsd BY authority Of the Prss
Asas q aay civil o. military dsssrasat q the govern
meat
In RENTING 70 civil authority the comprehensive
iursdiciioa for some time exercised under
tial Law, the occasion vas deemed . proper
20 yield unhssta,ing obcdsncs 70 the civil laws
and magisracy. and also To commend TO the authorities
s s.S ~ sene, "a. s 70 M .oro
ing the population recently vested with
civil rights and tho blgaiions Of citizens Considcra-
tons Affecting public tranquility and order suggested
che expsdiency Of prohibiting Whip ng punish
ment for and women, aud Likewise the sale OF per-
sons convicted Of vagrancy and other offences for
periods OF involuntary service. Correspondence be-
Fsen hs Excelency the Governor South Carolina and
Major General commanding. appendix ls.l
Under the operation OF the e ysation and the general
orders TO which aIlusion has just been made, the supe-
Eor courts have hold their autumnal term The adhe-
tsbeIIion Northern men domiccd here since the war
khe shareholders OF former tmss and the freedmen OF
chs epoch have all found themselves within the cogn
vance OF the courts. White mon have been convicted
OF crimes upon negro testimony; negroes, tried upon
charEes preferred by white pcrsons been acquitted
upon negro testimony. Ia Instance the acquittal
Enrnsd upon lhs evidence Of the accused a freedman
IN his own behalf. the testimony Of accused persons
when offered by themselves having been made compe-
Cent by recent legislation In south Carolina
would be premature ~ yet 70 assume that tho new
nrder OF tkings in these States Is longer expert
k0ont. NeveTtneess. among Tue humorous mhttcrb on
complaint disposed OF during the year the cases are ex
joeptonal and inconsiderable In number that 10
Furnish just occasion for censoro comment or crti
oism upon the manoer In which the civil authorities
and especially the superior tribunals have fulfilled their
newell relations 70 the freedmen cit,zsnA
IL already ntmaed that justice Ia administer
cd by the superior In these States with consccn
Nous re1pect for law and degree Of Of
sentiment not generally found among the inferior mag
dilatory In issuing warrants for the apprehension Of
cfcuders, II public opinion incline towards the accused
Nor the shcrs and constabes likely In such
20 DO diIigent making arrests Inquess by corone,
when freedmen have been killed. have seldom pointed
n. Pa In =. ss ss S
district, the perpetrators Of the homicide were the
coroners jury and joined In the verde, that the victims
Such also the verdict 10 weseys case II Newberry
although the murdercrs recognized the spot and
were we'll known 70 the neighborhood.
These irregularities do not where persons Of
aideraiion sufficiently Interested In the proceedings
20 insist upon tho proper action The Governors unfor
Jhsy amennb for official misconduct IL true. to
and trial by court; but, In the absence
81 Executive control may be assumed tina. for po,i
commanders instructed TO report tho refusal neg
iec Of any magistrate court or ccer TO perform any
oncia act required by law, whereby due and rightsu
protection TO person and property shall have been
denied
In conclusion the fowoing general obsers atoms arc
suggested by review of the operations aud the condition
Of Affairs during the year in this Department.
Tho military occupation OF the territory by detach-
nsnts garrsonlng posts embracing counties
has restored ORDER afforded security for person and
properly encouraged the resumption Of agricultural
Industrial and commercial employmenu For the
pay aarisons and the detachments required 10 make
the post organization efficient throughout tho depart
men hres bataions OF infantry and three squadrons
Of cavalry, with four companies q ARTILLERY for The forts
and permanent works, viii be sufhcient
Notwithstanding the gravity Of some exceptional cc
susrenoss incident TO the close Of long war tranquility
ten with successive concessions Of jurisdc
Men civil authority, and the gradual reduction Of the
army 70 psscc establishment
In certain localities disturbed by bands OF outlaws
many Of them fugivss from justice In these and other
sa.ss and paroed rebel solders who continue 70
Soot IA he ' exercise Of the power Of ares.
ana punishment under martial law u the
only reliable s security for for life and propsry
organizations and punish the outrages committed.
Magistrates consables jurors and witnesses, residing
Tar from garrison ntimidated by threats OF retail
alton from enforcing tho ordinary legal remedies against
those bandits and guerillas
The material prosperity OF those States, injured al
ost irroparAby by the war; seems likely To be restored
through emancipation Although some time must
slapse before their productions will be equal guam
thy 70 the product before the war the increased value
Of the staples raised win soon make up the cqura
lent Capital, entsrprlse and population are coming
from the North. With these VIII BIO provided
noreascd facilities Tor culture, manufacture and trade
Remarkable success has rewarded many diligent and
udicious panters who have paid liberal wages in cash,
and treated their laborcrs kindly Evidence accunuiae
10 prove the general disposition OF the negroes work
voluntarily and faithfully for wages for themselves
~ tenants Aud ~ small proprietors Educaon the en-
10y Of their earnings the security Of family ties
The possession OF civil rights and the practice OF Divine
worship cxertng their saluiary influence upon
conduct intelligence and Thrift Of the freed people The
races sllenaicd by aud suddenly separated by
emancipation, becoming gradually rcconced
There good reasons for the belief that the for
tunnts exemption OF this department from the riots aud
turbulent collisions which have occurred elsewhere at
sdbutable In the the prohibition u all armed
organizations, whether Of police, patrols ''regulators
militia The organization Of an efficient police and consa-
bulary In the towns and counties has been uni
formy and the troops have always supported
ehc civil authority the execution Of the laws and In
the preservation OF order whenever the employment
Of armed forces has been necessary and proper The
lawful enrolment Of tho militia has not been prevented
but while the United States forces occupy the Territory
occasion likely 20 ase for the service OF any other
srmed force. To illustrate the inconvenience that would
be incident 10 the operations outside military orysnza
lions not under my command invite attention TO the
following extract from the militia law OF South Carolina
passed December 81, 1865, and which does not differ
essentially, understand from the Legislation OF adjacent