The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-10-11
Important Order.
H'Do'Rs DEPARTMENT OF THE SOUTH,
CHARLESTON, s. c., October 1, 1866.
lool.lI D,-Jo,.c M

| L. The civil courts of the United States
Tor South Carolina are open, and all cases
OF which, they ave legal cognizance will be
remitted to Il 4. Citizens held for trial
ior violations oI the laws of the United
States will be surrendered to the custody
of the United States Marshal on proper
warrant. Dispositions, evidence and papers
in such cases will be forwarded to the
Uniteo States District Attorney for South
Caroline.
H. The courts of the State of South Ca
rolina as now constituted and to be organ
lied, are declared by law to be open to all
persons, with equal civil rights therein,
without distinction or discrimination in
former servitude. All cases civil and cri-
minal, III which the parties are civilians,
will be turned over to the judicial tribunals
of the State having jurisdiction of the
same. Civilians in military custody, await
ing trial for offences against the laws of
South Carolina, will DC surrendered on
proper warrant to the custody of the She
riff of the District in which the crime is
charged to have been comlaitted; and all
dcpositions, proofs and papers III these
cases will be transmitted to tie prosecut
ing solicitor for the circuit in which such
District is situated.
Ii. Military provost courts will be dis
continued in the several Districts as soon
as District Courts shall be organized there
in. At the military reservation of Hilton
Head, and on the sea islands included
within the territorial limits of that post,
and of the post of Charleston, provost
courts will be continued until further
orders.
~. The jails now i'll the possession of
the military authorities will be restored to
the sheriffs of the several Districts. Pri-
soners undergoing sentence of military
courts, having less than thirty days of
their terms of imprisonment uuexpired,
will be discharged. All other prisoners in
jais, undergoing sentence Of military
courts, will be sent, under guard, with a
brief statement of the case, showing the
offence and term of imprisonment, to the
commanding officer of the post of Charles
ton, who will cause them to be confined in
Castle Pincilney for the remainder of their
respective terms of Imprisonment.
'. Corporal punishment shall not be in
t1lcted upon any person other than a minor
and then only by the parent, guardian,
teacher, or one to whom said minor is law
fully bound by iudenturc of apprentice
ship. Nor shall any person be sold to SER
vice as punishment for crime, or for
other cause, by any authority whatever
CG. .. No /, Par. NVIII, Headquarters
Department of South Carolina January l.
1866.
VI The laws of the States respectively
III this Department defining and furnishing
vagrancy, applicable to white persons, may
be enforced against all persons; neverthc-
less no one who shall have used reason
able diligence to obtain employment, or
who shall be unable to work by reason of
intirmity, shall be deemed i vagrant. [Ci
q. No. /, Par. NIII, Headquarters Depart
ment OF South Carolina, January l, 1866.
VII. No prosecution or suit shall be en-
tertalncd Ill the civil courts within this
military department against officers or
soldiers of the armies of the United States
or persons in anywisc thereto belonging,
subject to military authority, charged with
acts done in tholr military capacity, OF
pursuant to orders from proper military
authority; nor against loyal citizens or
persons charged with acts done, directly
or indirectly, against the rebel forces
during the rebelliolr and all persons.
their agents or servants, charged with the
occupation of abandoned lands and tene-
ments, or the possession or custody of any
KIND OF property whatsoever, i'll cases
where such occupation, use or possession
was authorized by the President, or by any
OF the civil or military departments Of the
Government, shall be protected from any
recoveries, penalties or damages that may
therefor IN said courts. G. .. No. 3, War
Department, \. G. o., January 12 1866.
VIII. District and post commanders will
report any instance OF Il failure of justice
by reason of the neglect or refusal of any
court, magistrate or officer, to perform
whereby due and rightful protection to
persons or property shall have been de-
MED.
IN District and post commanders will
arrest all persons who have been, or NAV
hereafter be, charged with the commits
sion of crimes and offences against officers,
agents, citizens and inhabitants of the
United States, irrespective of color, in
eases where the civil authorities have
failed, neglected or are unable to arrest
and bring such parties to trial, and to de-
tain them in military confinement until
such times rs Il proper judicial tribunal
may be ready and willing to try them [G.
.. No. Al, Headquarters of the Army A. G.
o., July &, 1866.
y. District and post commanders will, as
heretofore, in compliance with existing
orders, extend all proper facilities and
protection to The officers and agents of the
Bureau of Refugees, Freedmen and Aban-
doned Lands in the discharge Of their
duty.
NI. In remitting to the civil authorities
the jurisdiction specified i'll this order, all
persons are enjolned to yield unreserved
and unheSltatlnS obedience to the author
lty and laws of the State, and of the United
States; and, for the sake of Justice, order
and peace, and so that no occasion NAV
arise hereafter for the exercise of military
authority i'll matters of ordinary civil ad-
mlnlStratlon concerning the freed people.
the MaJor-Gcneral Commanding respect
fully and earnestly commends to the au-
thorities and people Of South Carolina, the
patient, considerate and impartial execu-
ton OF the laws in all proceedings affecting
the numerous and hitherto dependent
class Of persons recently clothed with civil
rights, and made amenable to the oblica-
tlons Of citizens.