The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-06-19
Paragraph II, General Order Mo. az,

4 Paragraph ii, General Order No. sc.
i As thcre have boon somo erroneous r,lnors in rc,o
ton 70 supposed collision OF tho civil with tho
military authorities, in regard to tho sboYo nnmot
order, VIC hnro thought It bust to present tho fol
lowing letter Of Judge i. j. MOSES with tho actior
| OF Gen. SIcKLEs upon it,
/ The paragraph Ill question reads as follows
III. All citizons assessed for taxes, aud who shall
havo paid taxes for The enrrent year, qualified
per civil ofhcors charged with providing lists OF
Jurors, TO proceed within their several Jurisdic-
1ions, Without delay, and ascertain tho names OF
lists, mud from such revised lists all Jurors na bo
| Hereafter summoned aud drawn in tho manner
| required by law. I-'
| Tho following il tho letter Of JIdgo MOSES
| M0j0r- General Daniel e. Sick2cs, U s. A.:
GENERAL: Tho Sherih hns submitted 10 me O
| lottor to him from Gonorai Clitz, of this date. I
ask ieaso @ rospectf iy to bring to your attention
vance OF ofParagraph II, Of your Order No. 32 so far
~ ~ relates to tho prcscnt torn OF tho Court in
Under tho laws In South Carolina providing for
tho drawing and impanelling of jures it iB reguir-
cd That thoy bo drawn at tho preceding term to cit
Clerk and sherfi in tho presence Of tho presiding
Judge, should tho latter, by indiBposition or 9th.
or or eatlso, DO prevented from attending, :ho two
draw the jury. 1t will thus appear to you thnt ns
your Order was general ono, and supposed TO
have prospective opcEation and did NOT in any
inoning Jurors It will bo impossible, under It, to
carry out what is panifestly your purposefit
,n nv ngr IN cor oaroa ms only power TO Or
if tho business OF tho term cannot be accomplish.
cd in tho time prescribed. by tho Inv. or course,
the last day OF tho torm and then only in the oycnt
that nndisposed cases remain on the dockets.'. I
urobn o t IS thSTT0oEs Gf Oh
otherwise nusthow arise, allow.meto suggest that
tho court ut this timo proceed Will, ,tp, i6yGST;;
already u. P2B "Gcsson as will provide for jury
in conformity with your order for tho next term
r. ]. MOSES.
y i !! lENpoHsER.l
CHARLESTON, 8. G., Juno IS, 1867.
Resp :cLfully returned through Headquarters,
Tho circumstances sot forth in tho oommunica-
tion Of Judge Mosus show That it has boon ini-
practicable to- royiso the jury lists In compliance
with Ge1eral Order No. 80 in timo for tho PreHont
Paragraph II. OF General Order No. 50 is, thorc-
foro, suspended n its application to 'he present
Sessions for tho city OF Charleston and tho jurors
for said torn may be impanollod as heretofore
By command OF Major Con. DANIEL E. slcKLEs
i, ca2s,ain sssn 1n,aatly. XIX XIX. a. AedSps; asusiul
GHAn1EsTek, 9; q. Ju:e I8 1851 z
Respectfully returned to Judge Mosos
BY order Of DF'v'' RARa Rs E. 1NbEksos, 3 Sss55
Lcut. 9th Infantry, Adjutant.
It will thus be seen thst thoro was no collision
whatever; on the contrary, We aro Informed that
the interview bctween Gonoral SIoKLEs and tho
Judge was Of tho most hnlcable character,
Judge MOSES, wo think, took tho proper course
nj at
apparent clashng Of authorities, and corsc Iuont
misunderstanding it was clearly, therefore, tho
wiscst course tho Judge oould tako, to have thor
ough understanding OF his status before proceed.
ing with tho serious aud responsible business with
which he is charged. This, in our opinion, ho has
dono in dgnified and altogether commendablo
manner; and we hopo that nothing further will
occur to interrupt the usual course Of term, bus-
noas in tho city. iEs5 'is;
Tho Judge came hero determined to do his duty;
but lie intonds that others also shn do the:rs; and
acting upon this principle, he hns changed the
usual proceeding toward recusant jurors; instead
Of following tho course heretofore pursued Of is-
suing scire fnoids, roturnable at the next torn,
no issued peremptory orders to show cause rortlI-
with why thoy have hot obeyed lilo procosao of tho
Court In tho rari DISTRICTS -thoro is usually no
difficulty to ompanol q Jury, whilc, in the .ity,
effort to organize. Grand Jury. Our people arc
singulary inconsistent in this mnttor of jury duty.
TFial by jury is OF tho bulwarks OF civil lib
orty""-is in oycrybody's mouth; yet those very
aame persons who hnyo this grandiloguont phrase
attheir tongues' mover hesitate to avail then-
selves of evory, even tho most fimsy, cxouso to
shirk tho duty. ..,,,
The consequence ia that it fhlls too frequently
upon those who are either too ignorant or too con-
Hcicntious to shirk it upon such grounds. This is
one Of tho cases, however. where the Scriptural
saying iB exhibited; with what measure. yo
mete, it shall be measured to you again. il you
refuse to servo on jury to day, in which tho fo
honor, or property Of your neiglbor is at stake,
tomorrow, whom you are PlaintiF or defendant
you may have reason to regret that you, by your
own practice and example, have contributed largo
y to tho present state OF things, and you cannot
in reason object to any kind OF jury. ,.'' -!
We are glad Judge MosKs has acted with energy
and we hope other Judges will follow HIS example,
and by procept in their charges, and by practice
in enforcing fines, bring our people back to n
healthier sense of their duty, =, ,...,