Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1866-07-14

the person or property Of a person of color"
In tho. case Of Stfste as. IIill, I'd Speer,tl50,
which was an indictment against white per-
son for assault and battery on a free person Of
color, it was not only so ruled, but recognized
as well settled law for more than half q centu-
ry. Tho District Courts of December, 1865,
not having been put in operation, I suppose
the general jurisdiction of the Court of Ses-
sions remain; and understand that such ll,,s
bcen the ruling of tue Circuit Judges in ref.
crence to cases Of bastardy and yagrancy which
have come before them. ( n u.
The Both section, Act 1865, provides
"That, in every case, civil and criminal, in
whicli,n person OF color is a party, or which
affects the person or property OF !, person Of
color, persons Of color shalt be competent wit
ness" 1t is n remedial Statute and must DO
construed in reference to its object My
opinion is, that persons Of color are compe-
tent to testify before Grand Jurics and Mag
istratcs in criminal cases touching tho person
or property of persons of color"
And whereas, tire security Of the liberty of
the citizen arising from his right to be tried
by jury OF his peers, can only be retained, in
the present anomalous condition of the cour,-
try. by the civil officers Of The State executing
the principles contained in the opinion of the
Justly distinguished Chief Justice, in COOL
faith and with m earnest desire to give sccu-
rity and protection to the persons and property
of the co|orcd population.
Aud to tho end that this high privilege may
DC retained hy the good people Of this State,
|, JAMES l., ORR, Governor of the said
State, do proclaim and declarc, that it is the
duty Of every Civil Magistrate to give careful
consideration to every complaint made to him
by person of color against Il white man for
any felony or misdcmcanor alleged to have
been committed against til person or property
of person of color; and if lie, upon sncl
able grounds for such complaint, said Magis-
tratc shall take the affidavit of such person Of
color and issue his warrant against the offend
or, requiring his arrest and rccognizancc to
appear ut the next term of the Court of Gen
era Sessions, just MS lie would do if the party
making the complaint were white man aud
hc will also recognize all witnesses by whom
the complainant may desire prove the charge,
us is now provided by law, for securing the
attendance Of State witnesses. All Shcrifs
and Constables will promptly, faithfully and
tcarleSsly execute all such warrants as may be
placed in their hands
Aud call upon all good citizens to aid in
the lhir and faithful execution of the laws Of
this State, as cxpounacd by the Chief JUS
ticc; and very soon the earnest wish ex-
pressed by the commanding General in Or
dcrs No. 10, published herewith for the in
formation of the people, "that it will not bc
long before itmuy hc truly said that no offence
against the peace, and no injury to the person
orpropcrty, of even the humblcst inhnbtant,
may be committed with impnniy 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,
OF the Both day of June, 1865, and in
LIS. the minctieth year of the Indepcn-
49, dcncc of the United States of Amer
icn
JAMES l.. ORR, Governor
w. r. lIUNr, Secretary of State.
HEADQUARTERS,
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