The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-10-16
Once of City Registrar. October l5 1867.
GEORGE s. PELZER, II. D., City Registrar.

o
DISTRICT COURT HON. GEORGE ". LOGAN Pre-
sDNa.-:fhe Court met at 10 A. NJ. pursuant to
adjournment. The Clerk called the names Of the
Jurors, but only eight answered to their names
Judge LOGAN stated that before proceeding to bu-
siness he would call the attention of the Attorney
General to a subject which was OF grave import
ance, VIZ the uenire which had been drawn, it, e-
gality, and the peculiar circumstances In which
the Court was placed He said
Mr.. Attorney General: The yenire which has
been handed to me by the Sheriff was drawn at
the last term of this Court, from box OF tickets
comprising the names of all tax payers, and IN
compliance with General Sickles' Order NO. ~,
Section 2, published May 30, 1857.
1t is not Of course, such yenlre as Is prescrl-
bed by the laws of the State. But the conviction
OF my mind at the time that directed the dratt
was that no such Jury panel as the laws OF the
State prescrbes would be permitted by the mill
tary power-then, as it now i5, the dominant pow
er. The late order concerning juries, by the sue
ceSsor of General Sickles, only confirms ME III
that opinion.
The venre as it now stands, has been assented
to by the General commanding, with the under
standing, however, that the right of challenge for
non-registration shall be reserved to all parties
Believing Mr. Attorney General, that the ques-
tion now to be decided upon is whether We shall
use this panel rather than postpone indefinitely
the trial Of the prisoners confined In JAIL submit
the same for your consideration; with an express
sion Of my Willingness to proceed III the trla OF tlese
cases, az the preferable alternative of the evils
forced upon us; provided you do not III the exer-
else of that discretion which you possess as the
law officer OF the State, decline Il submit the
cases to the jury 80 organized.
The Court room was well filed principally by
colored persons, and strict attention was paid to
the proceedings, it having been rumored that the
Jury orders would be discussed.
Attorney General HAYNE prefaced his reply to
the Judge by few pointed remarks on the sub
ject of the military orders, and their antagonism
to the laws OF the land, and said:
Mov II please your Honor: j have given to the
question OF juries constituted under military COM
mand, and presented by Your Horror, that grave
consideration which its Importance demands. NO
one can deplore more than do the military orders
abrogatins the Jury laws OF the State. But under
all the circumstances, have concluded, as prose
cutting officer of the State, to accept the Jures As
now constituted, and to submit to such exclusion
by challenges account Of political disfranchlse-
ment, as the Commanding General u,rects. AS 10
the constitutionalty and legality OF TIE change,
do not feel called on to express an >pinloI. Win
ninety prisoners IL Jail demanding trial at the pre-
sent term of this Court. and one hundred and
forty cases already on the Sessions Docket, Lu-
manity, justice and eIpediency require that the
Attorney General should oppose no obstacle to
afforded. If the freedmen of the State
had to any large extent paid the capita
ton tax of one doh.r imposed by law.
q very large majority OF the Jurors presented
would under the order of General Calbv. have
been of that Glass; and, beyond all question, from
past position, prejudice, ignorance and utter want
OF training, they would have formed the very
worst juries ever organized in any country in any
age since trial b. jury was first instituted For
tunately the freedmen, considering the tax bur
then and not privilege, have, almost universally
during the present year, disregarded the law and
this time the juries are but little affected by the
introduction OF this new element. While Jurors
receive dollar and halt day, and the privilege
of serving on Jury has the charm OF novelty to
the freedDlen, we may well conceive how different
will be the complexion OF our juries at another
term. OF all the calamities which have befalen
onr State. the mockerv of Law thus administered
would be the worst AS TO the exclusion OF jurors
on account OF past politics. though it depriyes us
of the highest intelligence, the widest experience
i'm affairs and the established character command
;ny greatest confidence ce-howeyer much to be re-
eretfed-to that too We must submit. Better the
.maimed rights, that are permitted than to be de-
priyed altogether of Christian burial we nave
about sixty cases OF larceny, SIX cases OF morse
stealing, ten cases OF riot, besides assaults anu
batteries, receiving stolen goods, &c. semethiDe
must be done for the protection OF the community
Ninety prisoners ere i'll jail Iney are emitted u
a trial I give them such trial as l can AN
ready, sir, to proceed.
A sufficient number OF jurors not answering to
their names 10 business was transacted, ana the
Clerk was directed to draw new Jurors. The Court
Was then adjourned to 10 A. NJ. to-day.