The Camden weekly journal. [volume] (Camden, S.C.) 1865-1866, 1866-07-20
PROCLAMATION

Gy Ills Ercelhney JAMES l.. Orr, Gorer-
nor and Commandsr!!in- Chief ia and
orer the State Of South Carolina.
TXTHEREAS, MAJ. GEN. SICKlES,
w commanding Department Of the
Carolinas, on tho 26th instant, bySpe-
cial Order No. 10, has directed that
white persons in Military custody,
charged with felonies OF misdemesnors
on the persons and property Of cobred
persons, should be turned over II tho
civil authorities for trial, and that like
cases arising hereafter will be disposed
Of in the same mannor:
And whereas, this Order-so crafty
ing t. tho feelings and sentiment o. the
people Of this Stutc-is based llpoI the
| legal opinion OF Chief Justice Duikin,
given upol, tho urgent request OF this
Department, and communicated to
Gc:l. Sicklcs: 1st. That persons Of
culor, under the 2.ytIl and Both sections
Of the "Actto organize District Courts, "
are competent witnesses in the Court
of Sessions in oil cases Of felony conf
nlitted by whites on the person or pro
pcrty OF person Of color. I'd That
they arc competent to make affidNits
and sue out warrants against white in
fclonies and Inis,le,neanors, and al9 to
testify before Grand Juries in slch
cases, as well us OH the trial beforothe
Petit Jury. And 81. That until the
District Judges are comnli stoned, the
Court of General Sessions retains ju-
risdiction of cases Of nisdemeunor ON
mitted by whites Oh the person or oro
perty Of colorcd persons, CHIEF Jutice
Dunkin says: "Ihe Court Of General
Sessions had always eognizcncc O: Of
fences committed by white prrous
against tho person or property IT L
person Of color" In the case of S:ttatc
vs.. Hill, ID Spear, $50, which WIS an
Indictment against a white person for
assault and battery on a free person OF
color, it was not only 50 ruled, TT; re-
cognized as well settled law for uOrc
than half II century. The Dis.:ict
Courts Of December, 1863, Eor havng
been put i'll operation, J. suppose irr
! general Jurisdiction Ct iho CouTs OF
;3cssious remain; and I understand t!aG
such has been the ruling Of the Cir2i!
Judges i'll reference TO cases OF ha:taEly
and ragGancy which have ccnc tcGce
: thcri.
The 30th %,'clior, Act 1861. l,Ir,;ilcs
''that III every CAS-, civil and criminal,
i'll w!.ici! i person Of colo: is q ra:ty,
or which affects tho person OF lrnp.z:,y
oi & person Of color, persons OF cuior
shall he competent witnesses" j." IT Isl!
remedial Statute and mll>t bc construed
in reference TO It's object. Ny opinion
is, that persons Of color are competent
TO testify before Grand Juries and Ma
gistrates i'll criminal cases touching the
person OF property OF persons Of color.
And wmacas, tile security Of tl:o
liberty of the citizens arising from his
right to be tried by jury Of the peers,
citn only be retained, in the present
anomalous condition Of the country,
by the civil cilicers Of the State exceu-
ting tho principles contained in the
opinion of tho justly distinguished
Chief Juctico, III good faith and with
an earnest desire to give security and
protection to tho; persons and property
Of tho colored population.
And to the end that this high privi-
lego may be retained by the good pso-
pic Of the State, i, JAMES T.. ORE. GO
vernon Of the said State, do proclaim
and declare, that it is tho duty of every
Civil Magistrate to give careful consid-
Grafton to every complaint made 10 him
hy person Of color againss Il white
man for any felony or misdemeanor
allcdgcd to have been committed against
the person Or property OF Il person Of
color; and if he, upon such considcra-
ton, concludes that there are reasona-
bic grounds for such complaint, said
Magistrate shall take tho affidavit Of
such person Of color, and issue lis war
rant against the offender, requiring his
arrest and rccosnizanco to appear at
the next term of the Court of General
Sessions, just as ho would do if the
party making aho complaint were
white man; and he will also recognize
all witnesses by whom the complainant
may desire to prove the charge, as is
now provided by law, for securing the
attendance of State witnesses. All
SheriIs and Constables will promptly,
faithfully and fearlessly execut. all
such warrants as may be placed intheir
hands.
And I call upon all good citizens to
aid in the fair and faithful execution of
the laws of this State, as expounded b,
the Chief Justice; and very soon the
earnest wish expressed byth command