The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-06-19
Paragraph II, General Order No. 90.

Paragraph IL, general Oruer NO. o"s
AS there have been some erroneous rumors in rela-
ton to supposed collision Of the civil with the
military authorities, in regard to the above named
order, we have thought it best to present the fol-
lowing letter of Judge F. J. Moses with the action
of Gen. s1cKLEs upon it.
The paragraph in question reads as follows:
ri. All citizens assessed for taxes, and who shall
have paid taxes for the current year, are quahhed
to serve as jurors. It shall be the duty of the pro-
per civil officers charged with providing LISTS OF
Jurors, to proceed within their several Jurlsd1c..
tions, without delay and ascertain the names OF
all qualified persons and place them on the jury
lists, and from such revised lists all jurors shall be
hereafter summoned and drawn in the manner
required by law.]
The following is the letter of J1dge MOSES {:
Major General Daniel E. Sickles, o. S. a.:
GENERAL The Sheriff has submitted to me
letter to him from General Citz, Of this date: l
ask leave respectfully to bring to your at attention
the difficulties which exist IN regard to the obser-
vance Of Paragraph H. Of your Order No. 81, 30 far
as relates to the present term OF the Court In
Charleston.
Under the laws in South Carolina, providing for
the drawing and impanelling Of juries it is requr,
ed that they be drawn at the preceding term to SIT
for the term next, and they must be drawn oy the
Clerk and Sheriff in the presence OF the presiding
Judge, should the latter, by indispositlon or oth
other officers, with the aid Of a magistrate, may
draw the jury. It will thus appear to you that IS
your Order was general one, and supposed 70
have prospective operation, and did not IN any
particular change the manner Of drawing and sum
moning Jurors, it will be impossible, under 1t, to
carry out what is manifestly your purpose.
A Judge in South Carolina has only power to Or
der an extra court in one contingency, and tnat s'
if the business OF the term cannot be accomplish
ed in the time prescribed by the law. VI COURSE,
ordered
the last day Of the term, and then only the event
That undisposed cases remain on the dookets.
With the view, therefore, OF preventing any op-
struction to the administration OF justice, winch
otherwise must now arise, allow me to suggest that
the court at this time proceed with the jurors
already summoned. will pass such orders az an
early day of the session as will provide TOR jury
in Conformity with your order for the next term.
Yours, very respectfully, ,,osrs
HEADQUARTERS SECOND MILITARY DISTRICT,
CHARLESTON, s. c., June 18, 1867.
Resp ?ctfuly rsturned through Headquarters,
Post Of Charleston.
The circumstances set forth in the communica-
ton of Judge Moses show that it has been I'M
practicable to revise the jury Lists In comphance
with General Order No. 50 in time for the present
term Of his Court.
fore. suspended n it's application to the present
term of the Court Of Common Pleas and General
Sessions for the city Of Charleston, and the jurors
for said term may be lmpanened as heretofore
provided by law. Co.,,
D' '''i'''A - ~ j. W. CLOUs,
Cartain Ssth Infantry, A. A. A. General.
HEADQUARTERS MILITARY PosT CHARLESTON,
CHARLESTON, 8. G., Ju.e 18, 1857.
Respectfully returned to Judge Moses:
- D~ox, nrfer II Fl. "
HAIRY B. ANDERSON, -.
Lieut.. 9Th Infantry, Adjutant.
II will thus be seen that there was no collision
whatever; on the contrary, we are informed that
the interview between General SIcdEs and the
Judge was Of the most amicable character.
Judge MOSES, we think, took the proper course
under the circumstances. There certainly was an
apparent clashing of authorities, and consequent
it WAS clearly, therefore, the
visest course the Judge could take to have thor
ough understanding OF his status before proceed
ing with the serious and responsible business with
which he is charged. This, in our opinion, ne has
done in dignifed and altogether commendable
manner; and we hope that nothing further will
occur to interrupt the usual course Of term busi-
ness in the city. tas
The Judge came here determined to do his duty;
but he intends that others also shall do theirs; and
acting upon this principle, he has changed the
usual proceeding toward reousant jurors; instead
os following the course heretofore pursued, Of is-
suing scire taoias, returnable at the next term'
he issued peremptory orders to show cause forth
with why they have not obeyed the process OF the
Court In the rural districts, there is usually no
difficulty to empanel jury, while, in the city,
there is always loss of one or more days In the
effort to organize Grand Jury. Our people are
inconsistent in this matter OF jury duty
sTrial by jury is one Of the bulwarks OF civil lib
ertyn-is in everybody's mouth; yet those very
same persons, who have this grandiloquent phrase
at their tongues end never hesitate to avail them
selves Of every, even the most fimsy, excuse TO
shirk the duty.
The consequence is that it falls too frequently
upon those who are either too ignorant or too con-
scientious to shirk it upon such grounds. This Is
one of the cases, however, where the scrptural
saving ia exhibited: seWith what measure ye
mete it shall be measured to you again. if you
refuse to serve on jury to day. in which the life,
honor, or property Of your neighbor is at stake,
tomorrow, when you are plaintiff or deiendant'
you may have reason to regret that you, by your
own practice and example, have contributed large
ly to the present state of things, and you cannot
in reason object to any kind Of jury.
We are glad Judge MOSES has acted with energy,
and We hope other Judges will follow his example,
and by precept in their charges, and by practice
in enforcing fines, bring our people back to a
healthier sense of their duty.
% FROM MEXICO.
LETTER OF MAMMALIAN TO MARQUEE:
tr..s..~ord~,.. of a., Nrfp York Herddl