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

ceivsd 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 presented ' '
Feeling interested in whatever concerns
the exercise, by the State, of those functions
Of domestic government that, conformably
to our political 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 opportunity to solicit
an expression of the opinion Of the Execu-
tive and the Judiciary of the State on
certain legal questions, upon which my
action in regard to the trial Of persons In
the custody Of the military authorities must
depend
I. desire to know whether the Courts of
South Carolina can entertain jurisdiction OF
the following cases, viz:
LIST. Criminal proceedings against persons
for offences affecting the persons, property,
or other ciyil.rights of persons of color, as
such civil rights are defined and established
by the recent Act of Congress known as
the r"Civil Rights Bill" and by the laws
Of the State not inconsistent Herewith.
"a. Whether, in the administration of
iustice in South Carolina, the laws relating
to the rights Of persons and property and
the remedies for injuries are the same, as
regards the definition of offences, the mode
of arrest, Indictment and trial, and as to
the nature and character of the proofs ad.
missible, without distinction or difference
as to the color of the parties or THEN wit
nesses.
Sd. Whether persons Of color are compe-
tent to testify before Grand Juries and Mag
is.rates in the character of complainanss in
criminal cases, as we'll as witnesses therein.
4th. Whether the pains and penalties I'M
posed By the laws of the State are Identical
for offences committed by white persons and
by persons Of color. '@
I have also to request that your Excellen-
cy 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 Sec
tions 20 and 80 of the Act to establish Dis
trict Courts.
The Court of Appeals having adjourned
for the term, and preferriug to avoid the de-
lay of amors formal communication through
your Excellsncy, I applied, through Lieu
tenaut-C 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 iE consultation upon any question af-
fscting the operation of the code, beyond
the opinion communicated by your Excel
leney in relation to the competency of negro
testimony in the trial of person indicted
for capital felony.
The Chief Justice was kind enough to
approve the course 1 have adopted of ad-
dressing the Court through your Excelleu.
cy.
Upon receipt Of the information now re-
spectfully solicited, I shall have the honor
to reply definitely to your Excellency'sc COM
munication of the 1lth nit.
.ia e5s Very respectfully,
D. E. SICKLES,
.E~- Major. General Commanding
OFFICIAL Copy:
(Sigaed) o. 81. HART.
Bvt. Brig Ger, and A. A. Gen.