The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-08-09
Tho Criminal Court Inibroglfo..Ortler
No, 39.

It is source OF great regret that any necessity
should haro arison IN this community for tho cS-
| erciso of the authority vest ,d in. tho Com
IN ho easc Of :" tho 0 cr@na Court o. aS SGn
tnry law is necessarily arbitrary, and. to grentcr
| or less eHtont, obnoxious nnd oppressive; hcnco
| is, OF course, exceedingly Irritating and oppres-
"iro. 1t matters little What may have bcen
10 long ns they nrc good citizens now. Al n rule,
wo believe great majority of the citizeus of this
county accept tho situation, and honestly wish to
conform to tho inws, Occasionally thcro is TO be
found ., man who cannot, or docs not Ill with
Bood grace to tho existing state of things, and it
| IL to this class wo arc indebted for the recent
exercise OF military! power M to tho Criminal
OF tho matter as viewed from tho standpoint
OF those affected by tho order Wo do this III JUS
| tice to oil concerned, but mt tho salne time it
should be stated tllat all state laws i'll antagonism
| to order No. ~ are hold in abcynnco during tho
existence OF thnt order, and no officer OF tho law
can properly rcfqso 10 oboy tho latter because ho
Inv is supreme, ialacntaTlo NJ tho fact may bc.
We do not understand il to DO truo that no oppor-
as tsnty has been afforded to comply with or,er No;
May 3oth. Inst. The County Court and Criminal
Court both met in Juno following, and then, il 30
disposed, tho officers could hayo found way to
| comply will tho requirements OF tho order. Thero
would havo boon litlo difficulty about asccrtaining
o Who were L tax payers and who were not And it is
doubtless, that Gen. Sickles snys to Col. Frank in
| an Official order:
HN hppcsrs tilat tho proper officers have neg
lccted to comply with the requirements of tito
| order i'll relation to jurors, you nro further in
structcd to report their names and make suitable
nominations to supcrsodo thonl."
Whether tho removal of Judge, sheriff and
magistratos il contemplated, we nro not advised.
ssres 10 e haSo rendered them
Huntingdon Pos, Of Wednesday.
TIFF GnAHD JuRr.-For tho information of all
Mears, why jury could not bo had nI tito court
in conformity will, Genera! Order No; 49,
IhE ga law % or .he state 9f North Carohna requires
whose M, nes nre take from tho tax lists for this
purpose every alternate year. Tho jury composing
at tho lnst Juno term Of tho County Court to servo
Mt tho present term of tho Criminal Court, and
wcre therefore acting IN conformity to tho law Of
jury shall bo drawn from tho Taxpayers {not nc
ccsearily frcohodersl for tho cnrront year, irrcs
pectivo OF color. AZ the poriod for tho collection
| magistrates to decide who were and who were not
Tux payers mt the present timo, and, therefore, by
the construction Of the General Order itseli, no
dition OF affairs tho only jury to be had was tho
ono already formcd.-Idid
Junr.-In conformity with tho tolegraphic in
structionB OF General Sicklcs received by Colonel
Frank ut late hour Monday night, mud which
were published in the Daily Post on yesterday, the
following letter Of direction wns sont by tho Post
Commnndant to Judge Mcares:
HEADQUARTERS PosT OF WILMINGTON, N. C.,l
August O, 1867.
Hon. Q. =. Mcares, Judge Of the Criminal Conr,
Of Moo Wnnoper:
SIR: I nm directed by tho Mnjor-Goucral COM
| manding I'd Military District, TO require all jury
| trials whcle the jurors hnro not bcen drawn and
summoned in compliance with Par. II. General
Order No. so, Cur Sers. Dis. Hoadq'rs., to DO sts-
\ pondcl until tho order is obeycd. The jurcs for
| tho present session OF tho Criminal Court over
| which you preside not having been mado up in
cordance with tho order above referred to, you
| shall have been complied with.
Very respectfully,
Your obcdient servant
tSgned) II. Il. FRANK,
Brevet-Lt Col. and Captain OF 9Th Infantry,
Commanding Post
Upon the reception of this ORDER Judge 1Icaros
proceeded at once to discharge the Grand Jury
from further attendance, having boon formed
and ompannollcd nt another Court tho Judge Ind
10 power to cause another to be summoned.
Ibid.