The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-03-28
l am very respectfully,
Your obd't serv't
Mai. Gen. Commanding.


have always considered the arrangement
between Gov. Perry and Gen. Gilmore as
Convention and Compact solemnly entered
into on the one part, by Gen. Gilmore, rep
resentiug the United States Government. and
on the other part by Provisional Governor
Perry, appointed by the President and repre-
senting the Government Of the United States
as well as that of tie State, for the purpose OF
restoring the State to her former peaceful re-
lations in the Union, of giving confidence 10
her people, and of protecting their persons
and property. And think it was so under
stood by the President, Governor Perry, Gen.
Gilmore and the whole people. And ! am
strengthened in this opinion by the reading
of Gen. Devens order, which was issued as
late as,the 1OthsFebruary, 1866, and which is
as follows: - :-~>:..,
"HD'oxs MILITARY. DISTRICT OF CHARLESTON,
DEPARTMENT OF SoUTH CAROLINA, -
Asst Adj't Generals Office,
.. ." Charleston, So. Ca, Feb. 10, 1856.
General Orders No. 16. +. .-..., - 7} -
l. The Courts of South Carolina having
been fully organized for the dispatch of e5eiI
and criminal cases, the Provost Courts will
take no further Jurisdiction Of such cases al.
fecting aDhite persons only, unless the nights OF
the military or civil authorities are involved.
2. When it is necessary that arrests should
be made lin order to preserve the peace Of
the country) all white persons charged with
crime against the person or property OF whites,
such person, so arrested, will be held IN Gus
tody only so long rs is necessary IN order to
turn them over to the civil authorities for
trial. 49, s.s - ~. - sft,,s. r.
3. Provost Courts will continue as hereto
fore to have jurisdiction Of all cases in which
persons of color are parties, or IN which their
rights are involved, and of all criminal cases,
in which the offence alledged> to have been
committed by a white, has been against the
person or property ola person Of color. - :
By command of -.
: 80. Brevet Maj. Gen. DEVENS. ~
NJ. NJ. RICE, Capt. 35th .. S. 6. T., A.A.A.
General. -.. -..-..... . >
OF course Governor Orr made no objection
to the paragraph in Gen. Sickles' order, which
prohibits corporeal punishment, because he
and every one else supposed that the order
was intended to apply to negroes, and TO dis
putes arising between white people and ne
groes. And it would appear from the order
lost above recitedAof Gen. DeVcns, that ne so
understood it, else what docs he mean by the
language, "that the Courts of South Carolina,
having been fully organized for the dispatch
of civil and criminal cases?" How can the
criminal law be administered, if the punish
ments provided beprevcnted?
But it seems that am mistaken, that "the
hus of South Carolina IN force inanaediatety
before the 17tb dag o., No0. go, cannot be ex-
ecuted. that this Convention, this compact
is no longer of force,aud can be, and has been
abroeated, without the consent of Governor
Orr. who stands.in the place Of Gov. Perry,
and has been so recognized both by the Presl-
dent and the Maj. Gen. commanding this de-
partment. Under these circumstances | do
not see the use of holding Courts, If the
iudements and sentences Of the Courts can
be reviewed, suspended and prevented by the
Gen. commanding; then the re-opening, OF the
Courts and the administration of the laws IS
mere mockery and farce. 1t Will