The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-08-15
LETTER FROM GENERAL SICK LIES
rIiI:
CHARLESTON BOARD OF TRADE.

| CHARLESTON BOARD OF TRADE.
| The following letter il in reply to communca-
lion addressed by committee of the Charleston
Board of Trair 10 aIajor-ticncral DANIEL T..
| SIcELrs. The Heller Of the Beard of Irado wnD
| published in The proceedings ri their regular
meeting On tho first Tuesday i'll July. AS Tho
several points npou which IL touched are taken up
Sriniha in Gen. SIcKIh.s reply, We do mol deem it
necessary To rcpnDsh il:
| coaTMrNIcaTIoN ADDRESSED To THE BOARD OF TRApE
| OF cnARI.ISToS, 81. T., III REPLY 10 nEMoS-
| STRANGE.
| HEADQUARTERS SECOND MILITARY DIsrRIcrl
l'larlrslnn $. C., August 10, 1857.
Bans, i. 4. a4tL il tchi@ %nd an T.: II. Mursi,aG
C3mmE'r GC ne Hoard Of 7raac IF Mr CHy Of
| GESTLEarEN: am instructed by HE Najor-ticn-
eral ConnandinE 70 communicable TO you tho re-
| suits uf his careful consideration of The rcmon-
| sirnre of tho Eoar,l OF Trade of Charleston, att
dressed 10 linn on The 2Sth Of June, uItintu. II
has been deemed proper 10 defer this reply to yolr
upon the questions made in relation to the author
Y OF iIc Commanding officers Of Military Dis
| ricts
In hchalf OF The Board Of Trade, you complain
! Of The aclipn Of tho Commanding GoncrIl upon
certain subettu ut laca administration nncuI,-
stiintional, nnwsc, unjust and incNpedicnt.
| Tho present occasion seems to be filling
| TO rrinnNc SOME oi the niSaPprchcuiions cuter-
taned in rclatiun To the origin nnd sanction ur the
/
South Ca ola, in lSii1, rcnollncch her rcl tiuls
with llIr United Slatcs, asserted her independence
| and by militiry forces OF her own and Of hcr
ictieratrs expelled tlle trUopa OF the United States
| anil every representative Of thc authority of the
unitcd States from her territory. a long and
! crcn.ful war followed.
| 1T 1861 tho military forces OF the United Statcs
| completed the conquest ami occupation OF the Ter
litor! of South CarNlina and ur her nllicH Martial
law ciisucd as The legitimate and necessary consc-
qIcncG of such conquest and occupation. Al local
civil authority ti.crenpon ccnsed, or it Hubscqucnt
| II GXcrriscd depended for its validity UPON The
| military authority of the conQneror.
| These recognized principles of pnllic Inv nre
announced in General Orders No. 100, War de-
parnlcni, tS;Il III tho following Language ~
lacG, district or county occupied by an enemy,
The martial Law oil Tho invading occupying army
whether any Proclamation declaring martial law
law in Hostile country consists in the suspension
by tho occupying military authority, of tho civil
| AMI criminal law and oil line domestic ntlministra-
tory, and in the substitution OF military ruo and
force Tor tho namr, well III Tho dictatiun OF
general laws, aa Tar us military necessity requires
! tis suspension, substitution or dctation." .'rhr
c0mmandcr or tho forces may proclnim TINT tho
adm Illustration Of ali civil and penu laws shall
| continue either wholly or in part, rs in time of
| peace unless otherwise ordered by tho military
authority"
IN pursuance Of the foregoing instructions for
the guidance OF the military forces orcnpying the
theatre or war, military government was instituted
in South Cnroila.
Martial law has ever since been exercised with
occasnnai and defined concessions TO civil forms
In Juno, 1866, Mr.. Perry was appointed by tho
President, by virtue OF his authority Conimun-
dcr-n- CHIEF, Provisional Governor of South Caro-
lua: Under martial law, GOvcrnor Perry pro-
ce2tlcd TO remodel The institutions ui the State
and revive certain forms Of civil administration
y prescribed oath Of allegiance amnesty or Il
spccinl pardon rendered pursons eligible to Office
AMI tho enjoyment of civil rights.
0n the lst of January 1866, by General Orders
No. !. headquarters Department Of South Caroli-
IA. series OF 1885, il was provided umong other
regulations for tue government of South Caroinn,
that no person should bo denied any civil right on
liy the Civil flights 1,iil," passed April Gill;
1866 The military regulation thus established
CURED the sanction Of law. and tho ru!o wns made
On i throughout tho United States.
Officers worc re,oaf. of January, 1896, Commanding
e,a courts @ when charged with IN i,On.os Sta.o s,iI or m
the lros;e m sS enforcement Of tho military orders Of
s; also to nroteet St ot'tSp a Sompsens militia!
occupants Q! a94id3ne4 lialis N3finSrity of iho
President; and also to protect colored persons
if3m ON al pena.Ish @ not not imposed on whito porsons.
| On March 18th, 1866, military quar- antino was
tsiablited OH tho sea coast Of tho conquered Ter
| Titory.
on July 9Th, 1866, military arrests woro ordered
OF all Offenders i'll tho conquered territory wlci-
ever the civil cuurs neglected or refused to pro-
ceSd against such nersons for public Offences.
On July 13tl 1856, certain civilians undergoing
sentence OF military courts for offences committr
within tue conquered territory wcro, by authority
Of the President, ordered to bc hold in military
custndy.
On tho lGi, of Jaly, 1866. Congress, by an Act
entitled IAN ACT to cOnlinnc in iorce ami 10 amend
an Act To establish bureau for tho relief of freed
men aud refugees, AM, for other purposes" pro-
vide1 for tIe exercise of military inrisdiction
| within the conquered territory, until tho same
sonld DO fn!y restored TO constitutional relations
| - tho government, and tho inubitants duly rey-
| resented i'll The Congress of the United Statcs.
! In November. 1855, tho orders o.. tho Maior-
General Commanding slanlins the militia in Tho
BY tho Act of Cd March, 1867 COngrcsa made the
Ike prohibition absolute in all the conquered tor
On March 2l, 1867, Congress declared that no
legal State governments existed in tho conquered
territory, including South Carolina; divtlad the
territory into Military Districts, of which North
der for each District; declared all civil government
therein to be subject in all respects 10 tho military
commander, and that all Interference under color
| of State authority, with tho exercise Of military
authority, should be null and void. Congress, il
o ,1o exercise Use 9f ,ta nnianonnt authority, an
itants might be restored to constitutional relations
to tho government OF the United States,
Having shown the nature Of the authority that
exists in South Cs, olna, md traced it's origin TO
| lhc law OF war aud to tho government OF lilo
United States, il may not b0 without utility to
s,low TINT this exercise OF powor is authorized by
Congress II tho authority competent TO declare
war TO determine .hn conditions OF peace. and 10
dcfino the political relations of the inbnbianis of
| conquered territory. Tho cuinprehcnsiyo war
| pow. rs found somewhere in every government
nre given Dy The Constitution OF tho United State,
to Congress.
The States illai made war npon tho Union. sot
up Il government OF their own and renounccd ali
| tlIolr rights under our Constitution Tho InitcI
States made war, not for tho purpose of compeng
hostile States mud people, Dtoresu,o thor rights ana
privileges under tho Constitution, but to comnol
Them To yield submission 10 tho authority of fhc
| United sntcs. 1t was for tho party uxcrioyod enI
not Tor tho wrong 'locr 10 sny whether Tho offrnJ
OF shond ever be restored To The privileges of ho
compact no had ranopnced. Tho United States
acqunft by conquest, absolute authority oycr ali
their cncinia5 and over a the territory in dis
putc. 90 '''-
Tho principles governing tho relations of tho
OF territory to The military a-
tll0rlty III possession, have been announced nv iJo
Supreme Court OF tho United Statos In tho caso Of
Lcensdorfer vs.. Webb t20th Howard) That eass
arose out OF tho conquest end occupation OF New
Mexico by tho United States. Tho court hold ihot
tho occupation BY tho arties of tIe United Stntrs
oycrtlircw tho existing civil government nltLourh
llln relntiDns OF persons to Gac other remained m
force, except rs thcsc might conlrarenp tho Con-
BtitutiOn and laws of tho United States, or ths
regulations for tho government OF the inhabtan anis
established by the Commanding General. II an.
pcarcd That General kcarnay had, while in conl-
mnnd, ordained n code Of regulations for tho gov
ernmcnt of tho territory; it contended that tho
binding forco OF tho cndo ceased Sth tho treaty OF
peace md the cession of The tnrritory to tho Uni
led States. Tho court denied tlliH proposition,
: holding that Gon. Kcnrney's regulations having
been established by competent authority remain.
cd in iorco until repealed by tho authority OF Con-