New-York tribune., 1867-10-17
SOUTH CAROLINA.

DECISION BY JUDGE BRYAN or THE L. S. COURT
ACTS or CONGRESS THE ONLY LAW FOR
THE STATE.
CHARLESTON, S. c., Oct. 16.-Judge Bryan of
the L. Court to-day. testing the panel OF
jury drawn of voters taxpayers irrespective Of color
decided that although the Act Of Congress OF 1910
required the jurors TO be drawn as prescribed by the
Legislature Of each respective State yet that this must
constituted in reference 10 the changes created by the
war He held that Congress- constituted the
legal Congress the whole country that the recOnstruc
On OF Congress comforting suffrage upon the negro was
valid. and was the provisional constitution and
son had no power to restore any seceedng
States TO the Union. He says say It with grave
dent by any act of his to restore the state the Union
and connect with il by Constitutional gaments and res
Constitution in South Carolina and that under the existing
ers the law and the CoHsoH of the
state He says II there was any Constitute. I'm III
the act of 1870, commanding the Judge TO ac-
cept jurors alone those who are voters,
6ed by the act of its Legislature then would be de
cision OF this question, and panel should have been
drawn OF white men but it is otherwise
WILL THE STATE BE LEFT WITHOUT LEGISLA-
TIVE AUTHORITY.
The Charleston Mercury has the following
correspondence:
Hon I. W HAYNE-Dedr Sir: As Attorney General Of
South Carolina and the advising law officer OF the Gov
steps taken and instructions given to the OF
elections, TO hold election for members OF the Legisa
ture the House OF Representatives and portion of the
will out Of office the Monday after the third
Wednesday IN this month and the state he left without
any legislative authority Please inform whether
anything has been done, will be- and obge very truly
yours Il. Is. kHffIJf.
LAW OFFICE OF HATSR Son, No % Broadst.,}
CHARLESTON, s. c., Oct 10, 1867. J
DEAR SR: In reply 10 your note just received, OF
which the above is copy incOse you communication
from myself 10 His EXccllency Gov Orr, dated sepem
Der 1867 relating 10 this subject To this cOmmunica
tiOn have received no reply | have seen Gov. Orr
He mentioned the receipt OF this letter but asked
advice from me, and said nothing TO his views
or intentions III regard 10 the matter referred TO.
Very respectfully and truly yours, l. W HAYNE.
To X. B. Rhett, jr., esq, Charleston, 3. @.
OFFICE oF TIRE ATTORNEY GENERAL,
CHARLESTON. b. G., Sept. ., 1861. (
DEAR Sir: Although dsfranohsed by Congress and
withdrawn by my choice from all participation In
politics feel II duty, Attorney General. TO call the
attention of the Governor O the State TO the fact that the
which both hold offices, ia about expire. Shall
II die and make no sgnf" have nothing advise
suggest but If the period for the October election
Sp1 Seno IL may be construed into acquescence In the
constuOnaty OF negro suffrage and all the provisions
Of the reconstruction acts rather than yielding to supe
riOr force II anything 70 be- done or sad by way OF
protest is tine Governor only who act or speak for
the State. Very respectfully, your obedient servant,
l. W. HAYNE, Attorney General.
TO His Excellency Gov orr. Anderson C. H. s. C.