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


ooe7 me State of South Carolina.
" HEREAS Major General Sickles. com.
w mand1ng Department. Of the Carroll
TT-s. On the 26th inst, by Special Orders
mG1Is'. ,s;1;. mas directed that white persons in
military custody, charged with fsloIies ~
misdemeanors ON the persons aud property
OF coi"red persons, should be turned over
20 e, the civil authorities for trial. and thai
iise cases arising hereafter will be Disposed
OF III the same manner:
And whereas this ortler-so s,rs+;fv;rr .o
the feelings aud sentiments OF tl,,, neor,I.
o! TINS State-ls based upon the legal oI,j
non OF CsHcf Justice Dunkin given ,,pon
.ne urgent request Of this Department
ana r communicated to Gen. Sickles: 1st'
That PersOns OF color, uuder the 29tb ard
3oth sections of the '.Act to Organize Di,.
tflct Courts. ere competent witnesses in
the Conrt or Stselons in all cases of felony
. com inlteed by whites on the person or Dro
perty OF person OF color. 2,l. That they
aIe competent to make affi.iavits and .ue
! OUT warrants against whites in f,.lonlrs and
mlsdomeanors. and also to testify b..Y,,r1.
Erand Jnrles in such cases, as well as on
the trial before the Petit jury. And 3d
nat until tha District ,Jut..os are com
nat nis:.o'ea, ';, thc Court of General Scss! ~.
mean"r comm ittcl by whites on The p.r-
son or proper. ~ colored persons. Chief
justice Dunkin saws. s.-rhc Court IF Ceno-
ra! Sessions had a.waes co-n,zance of
'neaces committed by white per.ons
as"nst % the person Or property Of person
ot color. IN the case Of State vs. Hill
III spcer, $50, which was or indictment,
against u white person for assault AMI hat
lers ON Tree person OF color, it wa. not
".iis VA so ruled, Lut recognized as w.ll-set-
Leo law Tor moro than half a ccntur,.. Tn
District Courts Of D-cember l9t;I ~. :
wing been put in operation. Is,.n.,o.o tbs
general jurisdiction of the Couit Of Se.
sl"ns remain; and I understand tl..t .n,.h
.l's neeh the rui!ng of the Circ;;lt Iudxe-
IN reference to cases of bastardv ard va
ErancS winch have come before them. Tie
5oth sec,lnr. Act 1850, provides .'Th,. j.,
eTery case, civ.i and crirli,.i.i In witch u
person ~ color Is party, or v,.i:h affects
'he person Or Property oil p.,rsn;, of
/ color, person of coior shall he cor1n..ont
Mltnessts. 1t is Il remedial strtutc and
!iust % Ce construed in rcfercnc.. TO it's OBJ
Jeco- Nay oplu!0n lis, that persons Of color
are competent to testify before Gran,
Jurles and Magistrates in criminal rns,s
of color
And whereas the security of the liberty
-. ,n1 S'I'zen ar'slng from his night 10 be
trled bv jury of his peers, can oulI hs
retained III the present anomalous cnudi-
.ioh or the country. by the civil officers ot
me state executing the principles contain
ca IN Tue op1nlcn of the justly distinguish
Ell Chicf Justice, in good faith and wiz, ar
earnest desire tn give security and nr'rsc.
lloa 70 the persons ana Droperty of ,I,e q
colorcd population: va ''''
Ana t" the end that this high privilege
may be retained by the good people of this
o'air, l, JAMES L. ORR. Governor OF the
sald state. q" proclaim and declare that !,
ls the duty Of every civil Magistrate tn ,,;v,
careful consideration 20 cy.rv co,nnla,ur
haoe 10 MN by person of color apainst
whlta man for any felony or u.isd.uioanor
,he esem % I" nave oten committed agamss {
Wv person or property of . person Of
. coior, anu II he. upon such c0usiderat;,,
concludes thar th.-" AZ. rras;nnahl..
grounds f"r such complaint. said Mao,.-
trate shail take the affidavit Of such ucrson
ot coi"r, and Issue his warrant against th,,
o!lehocr, requiring his arrest and recop
cnnr, :" appoar at the next term OF the
CouTL OF General Sessions> lust az he
"oulu 90 II the party making the com
paint were a white man, and he will also
recognize all witnesses by whom the com
pialnant may desire to prove the charge.
as ls now provided by law. for secnr,no So
attendance Of State Witnesses All Sbssr;tTo ~
ana Constables will promptly, faithfully
ana iearlcssiv exrGtlto all such warrants .
may DC placed in their hands.
And call upon all good citlZons to Aid
IN the far and faithful execution Of tho
laws of this State, AZ cNpouud,d by tLo
Chief Justice; and very soon the esrnes
"1sn expresstd oy the commanding Gene
raj IN Orders No. 10. published herewith
= ior I'm ime information of the people, that
II w1ll not be long before il NAV 30 t.uiy
SAID that no offence against the peace, and
no INJURY to the person or property. of
even the hlmblest inhabitant, may be com,
INJURED with impunity in the State Of South
Carolina, will ne happily realized
NlVeh under my hand and the great seal
OF the State, at the city of Columbia,
the 30th day OF June, 1866, and IN
IL. :. The nlneti"ih year nf the indeoen-
denco Of the United States of Amc
~, rica; JAMES l.. ORR. Governor.
WIZ. H. HUNT, Secretary Of state.