The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-07-05
COUNTRY PRODUCE.
PROCLAMATION.

.Sl H1S ELCCCtGNCy od4hGO IL. NA"1'I wv
ernor and Commander-ln-C Ch1ef IN and
over the State of South Carolina.
WHEREAS, MAI. GEN'L. SICKLES, command
ing Department of the Carolinas, on the 26th lnst
by Special Orders No. 19, has directed that wnile
persons in Military custody, charged with ielonles
or misdemeanors on the persons and properly VI
eolored persons should be turned over to the CIVIL
authorities for trial, and that like cases arislne
hereafter will be disposed of in the same Malhel
And whereas. this Order-so gratifying TO the
feelings and sentiment of the people Oh inns o'a.e'
is based upon the legal opinion OF Chiei Justlce
Dunkin, given upon the urgent request OF thiS De-
partment and communicated U 0en oioAieS 90, ro,
THAT nersons of color, under the 29th and ootn
sections of the "Act to organize District Courts,
sre comnetent witnesses in the Court of Sessions
in all cases of felony committed by whites on the
person or property of q person OF color. "a.
THAT they are competent to make ahdavlts anu sue
ont warrants against whites in felonies and mlsde-
meanors, and also to testify before Grand Juries
in such cases. as well as on the trial oel9se tne
Petit Jury. And Sd. That until the District
:Juipes are commissioned the Court of General
Sessions retains jurisdiction of cases of misde-
meanors committed by whites on the person or
property of colored persons. Chief Justice Dun
kin saws. s.The Court of General Sessions had al
wavs coen;zance of offences committed by white
peraons against the person or property OF per,
son Of COLOR In the case OF State Us. HtH "a
.Sp.er. $50 which was an indictment against white
nerson fer assault and battery on free person of
color it was not only so ruled, but recognized az
we'll settled law for more than half century.
Tbe District Courts of December, 1865, not having
been nut in operation, suppose the general Juris-
diction of the Court of Sessions remain and
understand that such has been the ruling OF the
Circuit Judges in reference to cases OF bastardy
and yaprancy which have come before them.
MI. Act
every case. civil and criminal, in which person
of color is q party or which affects the person or
property of person of cslor, persons OF color
shall be competent witnesses" 1t IS remedial
Statute and must be construed in reference to Its
object. MY opinion is, that persons of color are
competent to testify before Grand Jurles and Mag
istrates in criminal cases touching the person OF
property of persons of color"
And whereas, the security Of the liberty OF the
citizen arising from his right to be tried by aJ"'y
of his peers, can only be retained, In the presen!
anomalous condition of the country, by the civil
officers of the State executing the principles con-
tained in the opinion of the justly distinguished
Chief Justice, in good faith and with an earnest
desire to give security and protection to the per-
sons and property of the colored population
And to the end that this high privilege may be
retained by the good people of tins State l,
JAMES L. ORR, Governor of the said State, do
proclaina and declare, that is the duty OF every
Civil Magistrate to give careful consideration to
cyerv complaint made to him by person of color
against white man for any felony or misdemean-
or alleged to have been committed against the per-
son or property of person of celcr; and If he,
upon such consideration, concludes that there are
reasonable grounds for such complaint, said Mag
istrate shall take the affidavit Of such person of
color, and issue his warrant against the offender,
recurring his arrest and recognzance to appear at
the next term of the Court of General Sessions,
lust as he would do if the party making the COM
nlaint were q white man and he will also recog-
nize all witnesses by whom the complainant may
desire to prove the charge, as is now provided by
law. for securing the attendance of State witness
ses. All Sheriffs and Constabes will promptly,
faithfully and fearlcssly execute all such warrants
as may be placed in their hands.
And call upon all good citizens to aid IN the
fair and faithful execution of the laws of this
State, as expounded by the Chief Justice; and
very soon the earnest wish expressed by the COM
manding Genernl in Orders No. 10, published
herewith for the information of the people, 'that
it will not be long before it may be truly said that
no offence against the peace and no injury to the
person or property, of even the humblest lnhaoi-
tant, may be committed with impunity in the State
of South Carolina" will be happily realized.
Given under my hand and the great seal of the
State, at the City of Columbia, the 9Oth day
of June, 1866, and in the ninetieth year of
the Independence of the United States OF
America.
JAMES L. ORR, Governor.
w r Hunt Secretary of State.