The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-06
Rsseorstaon. to Caval Law.

the following ,correspondence which
will bereed with interest byall our
(citizens: 5 <
CHARLESTON, s. G., June 6, 1866
Has EnceUency James l.. Orr, Gorer-
nor Of the State Of South Carolina.
SIR: Your communication, dated at
Columbia, S. c., May IL ultimo, re-
ceived during my absence from the
State, was placed in my hands on my
return on Friday last, and [ have
given the earliest consideration to
the important questions therein pre-
sented. =
Feeling interested in whatever con-
Germs the exercise, by the State, of
those functions of domestic govern
ment that, conformably to our pohti-
cal system, ought to proceed from the
constitutional authorities Of the State,
and desiring to promote the restora-
ton of civil government in South
Carolina, I avail myself Of this op-
portunity to solicit an expression of
the opinion of the Executive and the
Judiciary of the State on certain
legal questions, upon which my ac-
tion in regard to the trial of persons
in the custody of the military au-
thorities must depend.
I desire to know whether the courts
Of South Carolina can entertain ju-
risdiction of the following cases, viz:
LIST. Criminal proceedings against
persons for offences affecting the per-
sons, property or other civil rights of
persons of color, us such civil rights
are defined and established by the
recent Act of Congress known as tue
''Civil Rights Bill, and by the laws
of the State not inconsistent there
with.
I'd. Whether, in the administra-
ton Of justice in South Carolina, the
laws relating to the rights of persons
and property and the remedies for
injuries are the same, Us regards the
definition of offences, the III de Of
arrest, Indictment and trial, and as
to the nature and character of the
proofs admissible, without distinction
or difference as to the color of the
parties or their witnesses.
Sd. Whether persons of color are
competent to testify before grand ju-
rles and magistrates in the character
of complsinants in criminal cases, rs
we'll as witnesses therein.
4th. Whether the pains and penal
ties imposed by the laws of the State
are identical for offences committed
by white persons and by persons of
color
/ have also to request that Your Ex-
celency will designate the capital
felonies on the trial Of which, when
committed by white persons against
the rights and property of persons of
color, the testimony of persons of
color is entitled to be received under
sections 20 and 80 of the Act to estab-
ish District Courts.
The Court of Appeals having ad-
journed for tho term, and preferring
to avoid the delay of more formal
communication through your Excel
lency, I applied, through Lieutenant
Colonel Willard, to his Honor the
Chief Justice, in the hope of finding
him already prepared to inform me Of
the views of the Court on the subject
in general; but I learn from the Chief
Justice that the Judges of the Court
of Appeals have not been in consulta-
ton upon any question affecting the
operation of the code, beyond the
opinion communicated by your Ex-
cellency in relation to the competency
of negro testimony in the trial of n
person indicted for capital felony.
The Chief Justice was kind enough
to approve the course T have adopted
of addressing the Court through vour
Excellency.
Upon receipt of the information
now respectfully solicited, shall have
the honor to reply definitely to your
Excellency's communication of the
11th nit. Very respectfully,
ID. f. SICKLES.
Major-General Commanding.
Official: (Signed,) 0. H. HART,
Bvt. Brig. Gen. and A. a. G..
EXECUTIVE DEPARTMENT s. G..
CHARLESTON, June 10, 1866
GENERAL: [ enclose You herewith
q communication from Chief Justice
Dunkin, addressed to me in rep,y TO
interrogatorics propounded to him
by you through me. You will observe
that he has not answered all your in
qulrlcs, because ho did not desire to
express an npiniop without full argu-
ment and consideration upon some of
the points raised
His answers, however, meet fully
all the doubts that have arisen-1irst,
as to the right of persons Of color to
initiate prosecutions before moUiu