Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-10-23

Letter from Gov. Orr 10 the rEesiuoh''
He ASKS THAT AN 0RDEN OF GENERAL CANBY
RELATING TO JURORS. BE REVOKED.
The following letter has been forwarded to
the President: ;r
EXECUTIVE DEPARTMENT, SOUTH CAROLINA,
~a :CoLyMBIi, September SOils67: y
IT. His Ercsllency Andrea johnson, President
= df tile United States:
SIR IL have the honor to forward for ryour
consideration General Orders, No. 50, issued
By Gen. z. R. S. Candy from the headquar.-
ters of tie. Second Military Districts dated
the 18th inst, and communicated to me onthe
20thiiin
: 1t wilyhe perceived that by this general
order ",all citizens assessed for taxes, and who
shall have paid taxes for the current year,
and who are qualified and have been or may
be registered as voters are qualified 70 serve
as iurors;'' and that sit shall be sufficient
ground of challenge to the competency of any
person drawn. as! jurors that he has not been
duly registered las q voter. Such right of
challenge may be exercised in behalf OF the
people or of the accused, in oil criminal pro-
ceedings, and by either party, in all civil ac-
tions and proceedings" A.
You will observe that this order constitutes
as competent jurors all persons who have paid
taxes and registered, and excludesall persons
who have been adjudged to be disfranchised
under the Military Reconstruction Acts.
These Acts have not been construed according
to the usual legal principle of charging the
privileges or franchises of the citzon but on
The contrary, with ~ strictness which has cx-
cluded from registration many whose disfran-.
chisement was doubtful, and very many .wto,
under fair Interpretation Of the Act, should
have been entitled to registration. In addi-
ton to all district officers such as clerks,
sheriffs, tax collectors and assessors, registers
in equity, magistrates and constables, there
have been excluded, militia officers, commits
sioners Of roads, commissioners of public
buildings, commissioners Of free schools, com
miss )ners of the poor, and commissioners to
prove til, securities on the bonds Of public
officers. These various boards are appointed
by resolution of the Legislature. except the
Commissioners of the Poor, who are elected
by the people. When appointed Or elected
they are required to serve two years, or pay
a fine Of $50. They take no GA h to perform
their duties, and receive no compensation for
their services. These classes, together with
magistrates, constables, district officers, judges
and members of the Legislature, constitute u
very large number Of the citizens of the State
who have been excluded from registration ;
and the fact that they have filed these var'
Gus offices and positions is evidence of their
general intelligence.
If carried into execution, this general order
will more completely unsettle tie laws relat-
ing to persons and property than all the other
orders that have yet been issued by the mill
tary authorities in this district. The Legisla-
ture of the State, at lis session in December,
1856, imposed tax Of 81 per head upon all
male persons between the ages Of twenty one
and fifty, residing in this State on the lst day
Of February, 1861, except those incapable OF
earring support from being maimea or any
other cause. All colored males are thus LA
bic to pay taxcs and yet very many OF them
have failed TO do so. What has been the
relative proportion Of whites and blacks who
have failed 10 pay in the respective districts
have not now the means OF stating; but tht
proportion of colorcd persons is much greater
than of whites.
To show the ruinous results, however, that
will follow from this order, if it is allowed tc
be executed beg leave to call your atten,
ton to the matter of registration in this State
There are white majoritics in but siX dis
tricts. In two districts the numbers are about
equal. In each of the remaining twenty
three districts of the State-there being al
together hirty-onc-thc registration shows :
colored majority. In Charleston the coloTec
majority is 1872, the registered whites being
3,2SG, and the blacks 5,OgS. OF the white;
lis were unable to sign their rames; Of tho
colorcd, 2,sGG. In Charleston and Columbif
| larger number Of tho later class of persons
can read aud write, than in any othsr Fcrtior
of tue State, very much larger number. be
cause they have had facilities before and since
emancipation Of obtaining some education no
enjoyed by their class in all the rural r"gloI
of tie State, to which shall advert more par
ticula-ly hereafter. IN organizing Jury II
Charleston, therefore, assuming that all hay'
paid taxes, this proportion would give nearly
eight colored jurors to four white, and Tive o
these eight would not be able to sign thei
names. In Beaufort, Georgetown, Coleton
Berkeley and other districts, the showing il
eve: worse. Pan tial returns from Bcaufor
indicate that there are 1850 co!ored, and on
sixiy.Gye white votes registered. This pro
norton would furnish but one white man Il
every fourth jury. OF the colorcd voters reg
;src,el in the rural districts estimate tina
not more than i've per cent. Of the whole
number are able to read and write, and Yer,
many of them have not intelligence enough
to count one hundred. In Georgetown Dis
trict there are 4l9 whites and 3,4l3 colore(
voters registered One white man might per
chance be drawn upon each jury, and in al
probability not one Of the remaining clever
colorcd men would be.able to read and write
To sum up, there will be in wcnty.thre
Districts of this State nnajor!rysof coltre'
Jurors for the trial Of all classes of cases
civil and criminal, and only five per cent Q
their nsmber will be able to read or write
Does any country which has established tn
right of trial by jury, fail, by its legislation
to secure a proper degree Of ine'ligcno
aroong the jurors? These rules, if appie
to the State Courts, will, presume, be like
wise applied to the Federal Court; and tn
proportion upon such Federal juries will be-
in Charleston, eight colored to four whites
In Columbia, nine cclored to three whites, an
inn Grcpngi|le, eight white to four colored ju
rors. These are the three points where th
United States Court sits in Soi.th Carollne.
Gun these coIored people discharge the dl
ties of Jurors either to the United States Q
to the State, to the litigants OF to public Jus
tice7 With such instruments, will not tn
effort to administer justice be mockery
Now, if the order had provided that no pei
son shall be allowed to sit upon jury wh
is unable to read or write, or if propert
qualification had been annexed, or ii in cas'
liYil or CRIMINAL in which colored person
~ -. Z. .-.u.sl q a.n.a;., prnrnrtinn Of th