Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-07-12
PROCLAMATION.

BY Ereelcney james L. Orr GopcInor and Commend
er-in- Chief in and the State of South Carolina.
WHEREAS, Mai. Genr SIckles, commanding Depart
ment Of the CarolInas, the 2h umo by Special Or
ders No. 49, has directed that white persons In Military
custody charged with felones msdemeanoo the per
and property Of cooed should be turned
to the civil authorities for trial. and that like arising
hereafter will be disposed Of in the same manner:
And whereas this Order-so gratifying 10 the feelings and
legal opinion Of Chief Justice DUNKIN, given upon the
urgent request of this Department, and communicated 10
Gen. Sickes lst That persons Of color under the 18th
and 3oh sections Of the Act organize District Courts
are competent witnesses in the Court of Sessions In all
Of felony committed by whites on the person or prop
erty of person of color 3D. That they competent 10
make adaylts and warrants against whites In fe
onies and msdemeanos and also to testify before Grand
Jurcs In such cases. well as on the trial before the Pe
Jury And Sd. That until the District Judges are commits
stoned the Court of General Sessions retains jurisdiction
Of misdcmeanor committed by whites on the
orpropey of colored persons. Chief Justice Dunkn says
he Court of General Sessions had always cognizance o
offences committed by white persons against the person
properly of person Of COLOR" In the case OF State Us
Hl ID Specr $50, WHICH was an indictment against Q
white person for assault and battery free person
COLOR only ruled, but recognized as well set
tied law for more than half century. The District Courts
Of 1852 no. having % been put Go 0peoI %
rcain and understand that such has been the ruling
the Circuit Judges in reference to cases Of bastay and
gIancy which have come before them. u E'-gI !2i
The 3Oth section Act 1865 provides "That every
civil and criminal, in which person Of color party, o
which affects the person or property Of person OF color
medal Statute and must be construed In reference 10 IL
object My opinion h that persons Of color are competent
10 testify before Grand Juries and Magistrates In criminal
touching the person or property OF persons OF coor
And whereas the security Of the liberty of the citizen
arising from his sht 10 be tried bya jury OF his peers car
only be retained In the present anomalous condition OF the
country, by the civil officers Of the State executing the
principles contained In the opinion Of the justly distinguish
ed Chief Justice In good faith and with IN earnest desire
give security and protection to the persons and property
Of the colored population
And the end that this high privilege may be retained
by the good people OF this State, JAMES L. ORR, Gov
ernor Of the said State, do proclaim and declare, that
the duty of every Civil Magistrate 10 give careful consde
ration every complaint male to him by persons Of colo
against white for any felony misdemeanor alleged
TO have been committed against the person property OF
person of coor and If he, upon such consideration con
cudes that there reasonable groundsor such complaint
said Magistrate shall take the affidavit OF such person
color and Issue his warrant against the offender requiring
his arrest and recognizanze to appear at the next term
the Court of General Sessions, just as he ud do If the
party making the complaint were white man and he VII
recognize a witnesses by whom the complainant may
desire 10 prove the CHARGE now provided by law, fo
securing the attendance Of State witnesses. All Sherf
and Constables will, promptly faithfully and fearessy exc
cute all such may be placed In their hands.
And call upon all good citizens To aid In the fair ant
faithful execution of the laws of this Stae e1poundet
by the Chief Justice and very soon the earnest wish eI
pressed the commanding General In Orders No. 49, pub
will not be long before may be truly said, that no offence
against the peace and inuryt the person or property
even the humbles nhabltant, may be committed with i'm
punity In the Stale Of South Carolina" will he happily re-
allied. .. =. -.....
Given under nv hand and the great seal of the State
~ the City of Columbia the 3Oth day Of June 1865
y ( and In the nineteth year Of the Independence o
)h'( the United States Of America. ''a
t~) JAMES L. ORR, Governor.
w. R. Hunt, Secretary of State. ' ~.