The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-11
SOUTH CAROLINA.


Of General Candy be Revoked.
CHARLESTON, s. C., Oct q, 1851
Tho following letter has been forwarded the Pres
ExEcUrfvl DEPARTMENT SorrH CARoLyA,l
COLUMBIA, Sept. 80. 1867.
TO his EIoeilsncy ANDREW JOHNSON, President Of tho
SIR have the honor TO forward for your consdera-
ton General Orders No. 49, issued BY General r. s.
Candy from the headquarters OF tho Second Military
on the 10th INST.
1t Wi, be perceived that by this general order 's
citizens assessed tor taxes and who shall have paid
taxes Tor the current year, and who qualified aud
have been or may DO registered voters are qualified
to serve rs jurors" and that sit shall, be sufficient
drawn juror that he not been duly registered
voter Such right OF challenge may DO exercised IN
behalf OF the people or OF the accused IN all criminal
proceedings ana 0y either party IN all civil actions and
proceedings"
You will observe that this order constitutes CON-
potent jurors all persons who Fave paid taxes and
registered and excludes all persons who have been adj
judged 10 be DISTINGUISHED under the Military Recon
slructon acts. These have construed
cordng 10 the usual legal principle OF enlargng the
privileges franchises OF the Citizen but the
trary, with strlcness which has excluded from regis
traon many whose disfranchisement was doubt u, and
very many who under fair Interpretation OF the act,
should have been entitled to reg straton In addition TO
all district officers such a. clerks shers tax collectors
and assessors registers In equity magistrates and
stables there have been excluded militia officers
mssioners OF roads, commissioners Of pubic buildings
commissioners Of free Schools commissioners OF the
poor and commissioners to prove the securities the
bonds OF public officers These various boards ap.
pointed resolution OF the Legislature except Com
mssioners OF the Poor, elected by the people.
When appointed or elected they are required TO serve
two years or pay Gne Of $50. They take no oath TO
perform their duties and receive compensation for
their services These classes, together with magIs-
iratss copsables district officers judges and members
Of the LEGISLATURE Constitute very large number fthe
citizens OF the Statewide have been excluded from regis
taon and the fact that they have Oiled these various
Offices and positions is evidence OF their general intel
gsnce.
II carried into execution this general order will more
completely unsettlo the laws relating to person and
property than all the other orders that have yet been
issued BY the military authorities IN this district The
Legislature Of the STATE at its session December 1866
imposed tax Of 81 per head upon all male persons be-
ON me h Is d,v 81 ~
capable OF earning support from being manned auy
other All coored males thus liable pay
taxes and yet, very many OF them have failed 70 do
What has been the relative proportion OF whites and
blacks who have failed 70 In the respective districts
not the Of stating but the proportion
of colored persons Is much greater than Of whites
To show the runous results. however that will follow
from this order, II ID allowed to be executed,
leave 70 call your attention 70 tho matter oil registration
In this State.
There are white majores in but six districts In two
districts the numbers about equal. In each OF the
remaining twenty three districts Of the State-there
being altogether thirty registration elbows
colored majority 10 Charleston tho colored majority
10 1872, the registered whites being $3.50. and
the blacks 5,098. ,Or the whites lis were unable
70 sign their names: OF the colored, 1880 In
Charleston aud Columbia . hrgsr number Of tho
Iscr class Of persons read and write than In any
other portion OF the State, much larger number
because they have had facilities before and since
cipat0n OF obtaining s0nio education not enjoyed by
their class 10 all the rural region or the State whch
shall advert more particularly hereafter In organizing
Jury 10 Charleston, therefore. assuming all have
paid their taxes proportion give nearly eight
colored jurors four whites, and Of these eight
sorS..own Cosson. Berkeley and other districts ins
showing 10 Partial returns from Beaufort
indicate that thcre are 1850 colorcd and but sxtynvo
whte registered This proportion would lurnish
out one white to every fourth jury or the coored
registered in the rural districts estimate that
NOT more than per OF the whole are abe to
read and write and very many OF them have not in,s
gence enough to count one hundred. In Georgetown
district there AIS whites and 34l3 coored voters
registered One white man might perchance BIO drawn
upon each jury, and in all PROBABILITY not OF the
remaining eleven coored men would be able read and
write.
To sum up there will be in twenty three districts OF
this State majority of coored Jurors for tho ra OF all
classes OF cases civil and criminal, and only ire per
cent OF their number will be abo to read Does
any country which has established the right OF trial BY
Jury fall by Its legislation to proper degree OF
intelligence among the urorss These rules, If applied
TO the state courts, will presume be likewise applied
TO Federal Court; and the proportion upon such
Federal juries will bein Charleston. eight coored
four whites; in Columbia. nine colored whites
aud in Greenvie, eight white to four colored jurors
These the three points where the United States
Court ats IN south Carolina
Can these coored people discharge the duties OF Jurors
either the United states or 10 the State the iti
giants or 70 public Justice With such instruments. win
not the effort admpiste: justice be mockery Now
IL the order had provided that person shall be allowed
TO sit upon jury who Is unable TO write, or II
property qualification had been annexed II in case
civil or criminal which colored persons may be in
ed certain proportion OF the jury should consist
OF their own color, It might not have beenObjecied
seriously: but in it's present bearings the order
calculated TO excite the graves apprehonsons and TO
lead TO results which must DO universally depIored by
who desire and Justice melted out
all Nearly all OF the litigation certainly all OF
the important litigation the side OF the court
between white citizens and involves intricate Of
law and fact, As we'll as sums great and small what
protection The white or the coored hin SELF
nave his II to be decided BY jury made up OF
persons possessing 80 tie intelligence that they
able 10 read WRITE ciphsrs With what satisfaction
would northern claimant regard adverse decision
made BY jury, majority OF whom were colored. whom
the msasured BY intelligence and submitted
TO tho judgment OF OF experience and education
would perhaps have been decided IN his favor Sup.
pose that he patentee whose rights have hiring
ed and whose intsrcssinvoved to the amount OF half
Q million Of doars-are dependent upon the
keen Discrimination. u o. an Intelligent jury cal
between machinery or processes Of manufactures: is Il
not preposcrous to suppose that coIored jury cous
tuted a. have described possess the requisite qualn
cations 70 render just and intelligent ysrd~tS Yet
this - but one OF the many classes OF cases. which the
Northern - wen a. the Southern man will be compelled
submit 10 the judgment Of the ignorant aud unwise
Jurors created by order No 80
Under the present jury organization South Carolina
have no reason to believe that since coored persons
have been admitted to give evidence i'd all our courts.
injustice has been done colored people by
white jurors On tue Contrary, think twill % ss.so
cutting officers in the State, that criminal proceed
ngs juries have dealt more msrcfuly with the colored
than with the whiio persons tired before them. Again.
tho exclusion OF the intelligent classes referred TO- ID
based solely upon their political antcccdents But
where - the propristy Of making the politics OF ct
gen. especially the politics which ruled his action years
ago, the standard OF his eligibility TO perform Jury
duty u svcry rare indeed that case. civil or Grim
na - presented Tor tho decision OF jury involving
any political issue whatever and AN not aware that
anywhere else, ia attempted 70 exclude Intelligence
from the jury box because OF any real or supposed OBJ
noxious political sentiments entertained By the parties
whose duty u ts thus TO serve
Tue hvo tall circuits OF the Superior Court or this
State, which 10 charged with the trial OF ell civil cases
invoving amounts above 500, and OF all crimpa
charges OF felony and some misdemeanors, commences
their terms on the first Monday IN october The letter
OF General Candy enclosing the, above referred TO-
requires that II shall 90 into effect immediately that the
jurors who drawn and already summoned at the
spring term OF the Court In conformity to State laws
shall not assemble but that new jury lists shall DO pre-
pared accordance with the order la most OF the DIS
ricts tho term Us limited 10 week and the drawing
and summonina OF jurors under tho ordo will consume
much OF the time. This Is OF the practical difficult
ties the way OF the execution or toe order.
10 view OF al these circumstances therefore, beg