Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1867-09-07
HEADQUARTERS, y,
SECOND MILiTARY DIsrRrcT,
CIIARr,ESrON s. C. Auu 10 1897

E. w. Marshall, Committee of the Board
of Trade of the City of Charleston, S. G.
GENTLEMEN T am instructed by the
Major General Commanding to communicate
to you the results of his careful consideration
of the remonstrancc of the Board of Trade of
Charleston, addressed to him on the 2Sth of
June, ultimo 1t has been deemed proper to
defer this reply to your communication until
nftcr tho action of Congress upon the ques
tions made in relation to the authority Of the
Commanding Officers Of Military Districts
In behalf of the Board Of Trade, you com.
plain of the action of the Commanding Gen
eral l,upon certain subjects of local atlministra
tion as unconstitutional, unwisc, unjust and
.inexpcdicnt.
The present occasion seems to be fi,tiug
one to remcvc some Of the misapprchcnsions
entertained in relation to tho origin and sane
tion of the military authority now exercised
in the Carolinas.
South Curolua in 1861 rcnounccd her re-
latons with the United States asserted her
independence, and by military forces of her
own and of her coufcdcrutes, expelled the
troops of the United States and every repre-
sentative of the authority Of the United States,
from her territory. a long and cveutcul war
followed.
Ia 1865, the military forces Of the United
States completed the conquest aud occupation
of the territory of South Carolina and of her
allies. Martial law ensucd as the legitimate
and necessary consequence of snch conquest
and occupation All local civil authority
thereupon ceased, or, if subsequently cxcr-
ciscd, depended for its validity upon the nil.
itnry authority of the conGucior.
These recognized principles Of public law
ARE announced in General Orders No. 100,
War Department. 1868, in thc f'll"wli'g i""-
-Euns sen:iisA place, district or county occupied
by nm enemy, stands, in consequence of the
occupation, under the martial law of tic
Z invading or occupying army, whether amy
proclamation declaring martial law or nny
warning has been issued or not" "Msrtial
law in a hostile country consists in the Rus.
pcGsion, Ey the occupying: military authority,
(, of tho civil and criminal law and Of the do
mestic administration and government in the
occupied place or territory, and in the substi-
tuition Of military rule and force for the same,
as we'll ss in the dictation Of general laws, us
far as military necessity requires this suspcn-
sion substitution or dctation. The command
cr of the forces mny proclaim that the admin
istration of all civil and pena laws shall con
tiuue, either wholly or in part, us in time of
Il peace, unless otherwise ordered by the militia.
ry authority"
In pursuance Of the foregoing instructions
for tile guidance of tho military forces occu-
pying the theatre Of war, military government
was instituted IN South Carolina.
&s Martial law has ever since been exercised,
with occasionaland dcfucd concessions to civil
forms of,authority
IL june, 1865. Mr.. Perry IVES appointed by
the President, by virtue of his authority as
-, &c ~ 80
South Carolina. Under martial Law Govern
Of the Stste and revive certain forms Of OWL
administration. A prescribed oath of allcgi-
ance, amnesty, or spccisl pardon, rendered
persons eligible to Office and the enjoyment Of
!, civil rights
On the lst of January, 1866, by General
/; Orders No. !, Headquarters Department Of
5 South Carolina, series Of 1866 it was provi-
ded, among other regulations for the govern
ment Of South Carolina, that no person should
be denied any civil right on account Of his
8 color Or race
By the "Civil Rights hill,," passed April
/, 9th, 1866, the military regulation thus cstab
4. .lished acquired the sanction Of law, and tic
1 irule,was nude general throughout the United
3 States
;;4.sI t. On the 9Th of January, 1866, Command
8 tfng Officers wero required by the Gcncral:in-
Chief to protect persons from prosecution in
i State or municipal courts, when charged with
y offences arising out of the enforcement Of the
military orders Of the President or other COM
]: petent military authority; also to protect from
prosecution and penalties all occupants of
4 abandoned lands and all persons holding prop.
/. erty by the military authority of the Prcsi-
!, dent; md also to protect colored persons from