Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1866-07-07
? R OCLA NJ A TION.

~ ms E.cccHchcy ot;h,"s II. Orr, .GOUGrnO,
an" Comnsa"lcrm Chict IN and ovct tic
State 6f ,Souih Cu3~linu
WHEREAS, MAJ. GMN'L. SICKLES,
~ commanding Department Of the Carroll
mas, on tic 18th lust, by Special Orders No.
10, has dircctcl that white pcrsons in Military
custody charged with fclonies or nisdemcan-
ors on the persons and property Of colsred
persons, should be turned over to the civil
authorities for trial, and that like cases arising
hereafter will be disposed of in the same
manner:
And whereas, this Order-so gratifying to
the feelings and sentiments Of the people of
this State-is based upon the legal opinion of
Chief Justice DUNKlN, given upon the urgent
request Of this Department. and communicated
to Gen. Sicklcs: st. That persons of color,
ander the goth and 30th sections of the g Act
to organize District Courts" are competent
witnesses III the Court of Sessions in ali eases
of felony committed by whites on the person
or property. OF II person of color. Cd That
they are competent to make aidaptS and sue
out warrants against whites in ftlonies and
msdcNnauors, and also to testify before Grand
Jurlos III such crscs, as well as on the trial
before the Petit Jury. And 3D., That until
the District judges are commissioned, the
Court of General Sessions retains jurisdiction
of cases Of nisdemeanor committed by whites
ON tho person or property Of colorcd persons
Chief Justice Dunkin says, "Tl,e Court of
Gencrd Sessions had always cognizance of
Offences committed by white persons against
the person orproprrty of person of color" :"
In the case Of .S'ntc ps. Ill., 2d ,Sptcr, 15o,
which wasAn ind!ctG,cnt against white per-
son for assault aud battery on a free person of
color, il was not only so ruled, but recognized
as well settled law for more than half ccntu-
ry. 'Thc District Courts Of December, 1865,
not having been put in operation, suppose
the general Jurisdiction Of the Court of Sos
sjons rcmaip; and understand that such has
been the ruling Of the Circuit Judges in ref
crcnce to cases of bastardy and yagrancy which
have como before them ..
"rhat, in every case, civil and criminal in
which person of color is party, or which
affects the person or property of a2p person of
color, persons of color shall be competent wit
ness" 1t is remedial Statute and must be
construed in reference to its object. My
opinion liz, that PERSONS of color are compe-
tent to testify before Grand Jurcs-aid Mag
stratcs in criminal cases touching the person
or property of persons of color"
Aud whereas, tho security Of the liberty of
the citizen arising from his right to be tried
by jury Of his peers, oan only be retained, in
the present anomalous condition Of the coun-
try, by the civil officers Of the State executing
the principles contained in. the opinion Of the
Justly distinguished Chief Justice, in good
faith and with an earnest desire to give scou-
rity aud protection to The persons and property
of the colorcd population.
Aud to the end that this high privilege may
be retained by the good people of this State,
/, JAMES H. ORR, Governor of the said
State, do proclaim and declare, that it is. the
duty Of every Civil Magistrate to give careful
consideration to every complaint made to him
by person Of color against white man for
any felony or nlisdcncanor alleged to- have
been committed against the person or property
Of. a person of color; and if he, upon such
consideration, concludes that there are reason
able grounds for such complaint, said Magis-
trate Shall tako the aflidavitof such person Of
color, and ISSUE his warrant against the offend
OF, requiring his rarrest aud, recoghizahqe to