The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-07-12
Interesting Correspondence.

ANDERSON, S. c., July 4, 1866.
Interesting Correspondence.
The following correspondence refers
to the action of the authorities upon
which is based the Governors proclama-
ton, published last week
HEADQUARTERS,
DEPARTMENT OF THE CARoL1NAs,
Charleston, S. c., June 6, 1866.
HIS Ercezlency JAS. Z. ORR,
Goversor of the State Of S. Carolina :
SIR: Your communication, dated at
Columbia. S. c., May IL, ult., received du-
ring nv absence from the State, was
placed in my hands on my return on Fri
day last, and 1 have given the earliest
consideration to the important questions
therein presented.
FeeliL g interested in whatever concerns
the exercise, by the State, of those tunc-
tions of domestic government that, con-
formally to our political system, ought
to proceed from the constitutional author
tiles of the State, and desiring to promote
the restoration of civil government in
South Carolina, I avail myself Of this
opportunity to solicit an expression OF
the opinion of the Executive and the ju-
dietary of the State on certain legal qucs-
tions, upon which my action in regard to
the trial of persons in the custody OF the
Military authorities must depend.
desire to know whether the Courts of
South Carolina can entertain jurisdiction
of the following cases, viz:
1st. Criminal proceedings against per-
sons for offences affecting the persons,
property, or other civil rights of persons
OF color, as such civil rights are defined
and established by the recent Act OF Con.
gress known as the "Civil Rights Bill, !"
and by the laws of the State not incon-
sistent therewith.
I'd. Whether, in the administration of
Justice in South Carolina, the laws rela-
ting 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 admissible, without distinction or
difference as to the color of the parties OF
their witnesses.
Sd. Whether persons of color are com
potent to testify before Grand Juries and
Magistrates in the character Of complain
ants in criminal cases, as we'll rs witnesses
therein.
4th. Whether the pains and penalties
imposed by the laws OF the State are
identical for offences committed by white
persons and by persons Of color.
1 have also to request that your Excel
lency 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 testimo-
nv of persons OF color is entitled TO be
received under Section 20 and 30 Of the
Act to Establish District Courts.
The Court of Appeals having adjourn
ed for the torn, and preferring to avoid
the delay OF more formal communica-
ton through your Excellency, | applied,
through LIT. Col. 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 gen-
eral, but learn from the Chief Justice
that the Judges Of the Court Of Appeals
have not been in consultation upon any
question affecting the operation of the
code, beyond the opinion communicated
by your Excellency in relation to the
competency of negro testimony in the
trial of person indicted for capital
felony.
The Chief Justice was kind enough tc
approve the course have adopted Of ad
dressing the Court through your Excel
Upon receipt of the information now
respectfully solicited, I shall have the hon
or to reply definitely to your Excellency'i
communication of the llth ult.
Very respectfully,
d. r. SICKLES,
Major General Commanding.