The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-07-11
.........P - PR OCLl ), LllsMATTON.

Commander-in-Chiefln and over the State OF
South CarqIna:z - >..-
WHEREAs. 4MAJ.@ GENL esIGKIEs; COM.
handing Department Of the Carolnas, on the
26th instant by Special OrderNo. l9, has erected
that white persons in Military custody, charged
with felopies or misdemeanOrs on the persons and
property of colored persons, should be turned
ever to the civil authorities for trial, and that
Ike cases arising hereafter will be disposed Of
= in the same manner: f}s.s - : 8z.:.~
ana whereas, this 0rder-so gratifying to the
feelings and sentiment of the people of.this State
is based upon the legal opinion of Chief Justice
Dunkin; given upon the. urgent request OF. this
Department, and communicated to Gen: Sckles:
Est That persons of color under the 29th. and
3Oth section Of the "Aet to organize District
Courts are coap apetent witnesses in the Court OF
Sessions in all cases of felony committed BY whites
On the persons or property Of a person OF color,
I'd. That they are competent to- make athdaYlts
and sue out warrants against whites n telonles,
and misdemeanors, and also to, testify, before
Grand Juries in such cases. as we'll as on the trial
before ths Petit Jury And: Sd. That until the
District Judges are commissioned, the Court Of
General Sessions retains jurisdiction Of eases of
n1isdemeanor committed by whites on the person
or property of colored persons, Chief Justice.
Dunkin SAYS, "Tbe Court Of General Sessions
had always zcognizance of offences committed by
white, persons against the person or property OF
a person Of color" In the case OF State: vs. All,
I'd Spear, 100, which was an indictment against
white person Tor assault and battery on a free.
oerson Of color it was not only so ruled, but re-
cognfzed as we'll settled law for more than hall q
century. The District Counts fDeeembeF, 1853,
not having been put in operation, suppose the
general jurisdiction of the Court Of Sessions re-
main and understand that such has been, the
n ease
of bastardy<, and Yagrancy which have come
before, them, - - r
The 30th section; Act 1865, provides "that IN
every case, civil and criminal, in which person
of color is a party, or which affects the person
or pr0nery Of a person of color, persons of color
shall be competent witnesses" 1t is a remedial
Statute and must be Construed: IN reference to-
its object MyTopinion is, that persons of color
are competent to testify before Grand Juries and
Magistrates in criminal eases touching the person
or property-of persons of color. "- ,--.~-.> -,
And whereas, the security of the. liberty OF the
citizens arising his right to be tried by a.
Iury7ef his peers, can only be- retained, IN the
present anomalous condition.of the country by:
the civil officers of the State executing the prin-1
eiples contained in the opinion of the justly dis
tinguisned. Chief Justiee,ziu good faith and with
an earnest desire to give security and protection
to the persons and property OF the colored
population ..rsz,s... z.ssI r., -, ..... !, Z. a..
And to the end that this high privilege may
be retained BY. the good people Of the State, !.
JAMES Z. ORR, Governor Of the said State, do
proclainl and declare, that it is the duty ofeVery
GivfI Magistrate to give careful consideration to
every complaint made to him : by "a. person of
color against white man for any felony Or mis-
demeanor alleged to. have been neommittedagainst
the person or property of az person Of color; and
# be,[upon: such considerations concludes that
there; are reasonable grounds for such complaint,
said Magistrate. shall; take the affidavit of such.
person eolors and issue his warrant against the
offender, requiring his arrest and recognizance
ia annear at the next term nofsfhe Court Of Cen