The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-08-09
The Criminal Court Imbroglio--Oraer
No "a

It is source Of great regret that any necessity
should have arisen in this community for the ex-
orcise Of the authority vestsu in the Com
manding General OF the District, as has been
done in the case Of the Criminal Court. Mill
tary law is necessarily arbitrary, and to greater
or less extent, obnoxious and oppressive; hence
its exercise in an intelligent community like this
is, OF course, exceedingly irritating and oppres-
sive. 1t matters little what men may have been,
so long as they are good citizens now. AS rule,
we believe great majority of the citizens OF this
county accept the situation and honestly wish to
found man who cannot, or does not, 'yield with
good grace to the existing state OF things, and 1t
is to this class we are indebted for the recent
exercise OF military power as to the Criminal
Court. We publish in another column statement
Of the matter as viewed from the standpoint
tice to all concerned, but at the same time it
should be stated that all State laws in antagonism
to order No. 80 are held in allegiance during the
existence Of that order, and no officer OF the law
has taken an oath to support the former. Military
law is supreme, lamentable as the fact may be-.
We do not understand it to be true that no oppor-
tunity has been afforded to comply with order No:
32 as is contended The order was promulgated
May 30th, last. The County Court and Criminal
Court both met in June following, and then, if 80
disposed, the officers could have found way to
comply with the requirements Of the order. There
would have been little difficulty about ascertaining
who were tax payers and who were not. And it is
because of tho open opposition to the order,
doubtless, that Gen. Sickes says to Col. Frank in
an Official order:
sIf it appears that the proper officers have neg
lected to comply with the requirements OF the
order in relation to jurors, you are further in
structed to report their names and make suitable
nominations to supersede them"
Whether the removal of judge, sheriff and
magistrates is contemplated, we are not advised.
Certain it is, however, all have rendered them
selves liable to such action
Wilmington Post of Wednesday.
TIE GRAND JuRY.-For the information of all
we give here the reasons as stated by Judge
Mears, why jury could not be had at this court
in conformity with General Order No. so.
The law Of the State Of North Carolins requires
that the Grand Jury be made up Of freeholders
whose names are taken from the tax lists for this
purpose every alternate year. The jury composing
this Criminal Court were drawn from freeholders
at the last June term of the County Court to serve
at the present term OF the Criminal Court, and
were therefore acting in conformity to the law OF
the State. General Sickes order requires that the
Jury shall be drawn from the taxpayers (not ne
cessarily freeholders for the current year, rres-
pective of color. AS the period for tho collection
of taxes is yet unexpired it was impossible for the
magistrates to decide who were and who were not
tax payers at the present time, and, therefore, by
CQ6 COuSGuCIlOu VI 1uO 0OACldi OioOL ieSOA, ao
jury could be empannelled under it. In this con-
dition of affairs the only jury to be had was the
one slready formed.-Ibid.
CRIMINAL CoURT-DIscHARGE OF THE GRAND
JURY.-In conformity with the telegraphic in
structions Of General Sickles received by Colonel
Frank at o late hour Monday night, and which
were published in the Daily Post on yesterday, the
following letter of direction was sent by the Post
Commandant to Judge Meares:
HEADQUARTERS PosT OF WILMINGTON, n. c.,
August 6, 1867.
Hon. 0. P. Meares, Judge Of The Criminal Court
of Neao Honouer:
SIR: I. am directed by the Majo General Com
manding I'd Military District, to require all jury
trials where the jurors have not been drawn and
summoned in compliance with Par. II. General
Order No. so, Cur Sers. Dis. Headq'rs., to be sus-
pended until tho order is obeyed. The juries for
the present session of the Criminal Court over
which you preside not having been made up in &C.
cordance with the order above referred to, you
are hereby directed to suspend all trials until it
shall have been complied with.
Very respectfully,
(Sipned) R. T.. FRANK,
Brevet-Lt. Col. and Captain Of 9th Infantry,
Commanding Post.
Upon the reception of this order, Judge Meares
proceeded at once to discharge the, Grand Jury
from further attendance, as, it having been formed
and em2annelled at another Court, the Judge had
no power to cause another to be summoned.
Ibid.