The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-08-15
LETTER FROM GENERAL SICKLE
TO THE
CHARLESTON BOARD OF TRADE.


CHARLESTON BOARD OF TRADE.
The following letter is in reply to q communlca-
ton addressed by committee of the Charleston
Board of Trade to Major-General DANIEL 4.
S1cKLEs. Tho letter of the Board of Trade was
published in the proceedings OF their regular
meeting on the first Tuesday in July. AS the
several points upon which it touched are taken up
seriatam in Gen. SIoKLEs reply, we do not deem II
necessary to repuDlish it:
COMMUNICATION ADDRESSED TO TIE BOARD OF TRADE
OF CHARLESTON, s. c., IN REPLY TO hhnoS-
STRANGE. 80
HEADQUARTERS SECOND MILITARY DISTRICT,
Charleston, S. c., August 10, 1867
MeSsrs. VI.lam Gurney, VIM. 5. HGss!e, Ed01,l
| Bates, A. II. TAFT, II. Cobta and E. W MdrSndN,
Committee Of 0e Board of Trade OF ae Guy o.
| Charleston, s. c.:
GENTLEnEN: am instructed by the Major-G Gen
| eral Commanding 10 communicate to you the re-
suits Of his careful consideration OF the remon-
STRANGE of the Eoard of Trade Of Charleston, ad-
dressed to him on the 2Sth Of June, ultlmo. IL
has been deemed proper to defer this repiy 10 your
communication until after the action OF congress
upon the questions made in relation TO the author
ity OF the Commanding officers OF M1htary Dls-
tricts.
In behalf of the Board Of Trade, You complain
Of the action of the Commanding General upon
certain subjects of local administration as uncon-
stitutonal, unwise, unjust and ine1pedlent:
The present occasion seems to be nttlnG one
to remove some Of the misapprehensions enter
tanned in relation to the origin and sanction OF the
military authority now exercised in the Carohnas.
South Carolina, in 1861, renounced her relations
with the United States, asserted her independence
and by military forces OF her own and Of her con-
federates expelled the troops of the United States
and every representative of the authority OF the
United States, from her territory. long and
eventful war followed.
In 1865, the military forces of the United States
completed the conquest and occupation OF me ter
ritory Of South Carolina and Of her allies. Martial
law ensued as the legitimate and necessary conse.
quence of such conquest and occupation. Anlocal
civil authority thereupon ceased, or, II subsequent
ly exercised, depended for its validity upon the
military authority of the conqueror. go.
These recognized principles Of public law are
announced in General Orders No. 1OO War De-
partplent, 1868 in the following language: "a
place, district or county occupied by an enemy,
stands, in consequence Of the occupation, under
the martial lew OF the invading or occupying army,
whether any proclamation declaring martial law
or anywarning has been issued or not" !" Martial
law in hostile country consists in the suspension,
by the occupying military authority. OF the civil
and criminal law and Of the domestic administra-
ton and government in the occupied place OF terri
tory and in the substitution Of military rule and
force for the same, well as In the dlctatlon OF
general laws, far military necessity requires
this suspension, substitution or dictation. rIhe
commander Of the forces may proclaim that the
administration Of all civil and penal laws shall
continue either wholly or in part as in. time OF
peace, unless otherwise ordered by the military
authority" skt
In pursuance of the foregoing Instructions for
the guidance Of the military forces occupying tho
theatre Of war; military government was instituted
in South Carolina. - y}ys
Martial law has ever since been exercised, with
occasional and defined concessions to civil forms
OF authority uIla / (, 4 49,
President, by virtue of his authority as Comman-
der-ln- Chief Provisional Governor of South Caro-
lima. Under martial law, Governor Perry pro-
cesded to remodel the institutions Of the State
and reyive certain forms of civil administration.
A prescribed oath Of allegiance, amnesty, or
special pardon, rendered. persons eligible to ofice
and the enjoyment Of civil rights.
On the lst Of January, 1866, by General Orders
No. l, Headquarters Department OF South Csroli-
ma, series Of 1866, it was provided, among other
regulations for the government of South Caroline,
that no person should be denied any civil right on
account of his color or race.
By the ''Civil Rights Bill, ," passed April 9th,
1866, the military regulation thus established &C
quired the sanction OF law, and the rule was made
general throughout tho United States.
On tho 18th Of January, 1866, Commanding
Officers were required by the General-inC Chief to
protect persons from prosecution in State or mu-
nicipal courts when charged with ohonces arising
out of the enforcement Of the military orders OF
the President or other competent military author
ity; also to protect from prosecution and penalties
ali occupants OF abandoned lands and all persons
holding property by the military authority of the
President; and also to protect colored persons
from all penalties not imposed on white persons.
On March 10Th, 1868, o military quarantine was
established on the sea coast OF the conquered ter
ritory. .
of all Offenders in the conquered territory; when
ever the civil courts neglected or refused to pro-
ceed against such persons for public offences.
On July 18th, 1856, certain civilians undergoing
sentence of military courts for offences committed
within the conquered territory were, by authority
of the President, ordered to be held in military
custody. iEH.: 4 III
entitled can Act to continue force and to amend
an Act to establish bureau for the relief Of freed
men and refugees, and for other purposes, pro-
vided for the exercise of military jurisdiction
within the conquered territory until the same
to the government, and tho inhabitants duly rep
resented in the Congress of the United States.
In November, 1856, the orders OF the Major
General Commanding disbanding the militia in the
Carolinas were approved by the Secretary Of War.
BY tho Act CT I'd March, 1867, Congress made the
like prohibition absolute in oil the conquered tor
ritory. W s.pi.,s
On March 2d, 1867, Congress declared that no
legal State governments existed In the conquered
territory, including South Carolina; divided the
| territory into Military DISTRICTS Of which North
and South Carolina comprised the second; pro-
vided for the appointment Of military comman-
der for each District; declared all civil government
therein to be subject in all respects to the military
commander, md that all interference, under color
of State authority, with the exercise of military
authority, should be null and void. Congress-, in
! the exercise Of its paramount authority, an
nounced, also, the conditions on which the inhab
ants might be restored to constitutional relations
| to the government of the United States.
Having shown tho nature OF the authority tn AT
exists in South Carolina, and traced its origin to
| the law of war and to the government OF the
United States, it may mot be without utility to
show that this sxerotseof power is authorized by
the Constitution. ,,.s.
Congress Is the authority competent to declare
war. to determine the conditions OF peace, and 70
define the political relations of the inhabitants of
conquered territory The comprehensive war
powt rs found somewhere in every government,
given by the Constitution of the United States
\ to Congress- ..-l. .,,l,......
| The States that made war upon the Union, set
! up government OF their own and renounced all
their rights under our Constitution. The United
States made wal, not for the purpose of compelling
hostile States and peoplatoresume their rights and
privileges under the Constitution, but to compel
them to yisld submission to the authority Of the
United States; 1t was for the party aggrieved and
not for the wrong doer to say whether the Offend
er should ever be restored to the privileges of the
compact he had renowned. The United States
acquired, by conquest, absolute authority over all
their enemies and over ell the territory in dis
pute.
The principles governing the relations'of the
population ofconquered territory to the military au-
thority in possession, have been announced by the
Supreme Court Of the United States in the case Of
Leitensdorfer vs. Webb (2Oth Howard). That case
arose out Of the conquest and occupation Of New
Mexico by the United States. The court hold that
the occupation by the armies of the United States
overthrew the existing civil government, although
the relations Of persons to each other remained in
force, except as these might contrayene the Con-
stitution and laws Of the United States, or tho
regulations for the government of The inhabitants,
established by the Commanding General. L ap-
peared that General Kearney had, while in Com
mand, ordained o code OF regulations for the gov
eminent of the territory it was contended that tho
binding force of the code ceased With the treaty of
peace and the eession OF the territory to the Uni
holding that Gen. Kearney's regulations, having
been established by competent authority, remain
ed in force until repealed by the authority of Con-
gross, or that OF territorial government deriving