Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-10-25


Letter from Governor Orr to the Presfde1,t-
He Asks that an Order Relating to Ju-
of General Candy i,e Revoked.
The following letter has been forwarded
to the President
EXECUTIVE DEPARTMENT, SOUTH CAROLINA,
COLUMBIA, September 80 1867.
To HIS ErceUe19cY AndTe3C ,JOEnS0n PreSi-
dent Of tie United States:
SIR Il have the honor to forward for
your consideration General Orders, No. 80,
issued by Gen. E. 4. S. Candy from the
headquarters of the Second Military Dis
trict, dated the 18th inst, and communi-
Gated to me on the Goth inst.
1t will be perceived that by this general
order ''al 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
to serve as jurors )" and that cit shall be
sufficient ground of challenge to the CON-
potency of any person drawn as juror that
he has not been duly registered as q voter.
Such right Of challenge may be exercised
in behalf of the people or of the accused,
in all criminal proceedings, and by either
party, in all civil actions and proceedings"
You will observe that this order consti-
tutes as competent jurors all persons who
have paid taxes and registered, and ex-
cludes all persons who have been adiudged
to be disfranchised under the Military Re-
construction Acts. These Acts have not
been construed according to the usual legal
principle Of enlargirg the privileges or
franchises Of the citizen but on the Goa
trary, with strictnesS which has excluded
from registration many whose disfranchise-
0leut was doubtful and very who
under fair Interpretation Of the Act,
should have been entitled to registration.
In addition to all district officers, such as
clerks, sheriffs, tax collectors and assessors,
registers in equity, magistrates and cOnsta-
bles, there have been excluded militia Off
GERS, commissioners Of roads, commission
ers Of public buildings, commissioners of
free schools, commissioners OF the poor
and commissioners to prove the securities
on the bonds of public officers. These va
rious 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 re-
Quircd TO serve two years, or pay a fine of
$50. They take no oath to perform their
duties, and receive no compensation for
their services. These classes, together with
magistrates, constablcs, district officers,
Judges and members OF the Legislature,
constitute very large number Of the citi-
zens of the State who have been excluded
from registration and the fact that they
have flied these various offices and posi-
tions is evidence OF their general intelli-
gence.
If carried into execution, this general or
der will more completely uusettIc the laws
relating to persons and property than all
the other orders that have yet been issued
by the military authorities i'll this district.
The Legislature Of the State, at its session
in December, 1866, imposed tax Of 81
per head upon all male persons between
the ages of twentyone and fifty, residing
i'll this State on the 1st day of February,
1867, except those incapable Of earning a
support from being manned or any other
cause. All colOred males are thus liable to
pay taxes; and yet very many of them have
| failed to do SO. What has been the rela,
| tive proportion OF whites and blacks who
have failed to pay in the respective districts
/ have not how the means of stating; but
the proportion Of colored persons is much
greater than of whites.
| To show the ruinOus results, however
that will follow from this order, if it is al
lowed to be executed, [ beg leave to cal
your attention to the matter Of registration
in this State.
There are Wnlte maJOf1tleS IN out SIX dis,
tricts. In two districts the numbers are
about equal. In each of the remaining
twenty three districts of the State there
being altogether thirty y-one-the registra
tion shows a colored ma jority. In Charles
ton the colored majority is 1872, the re
gistered whites being 3, 1856, and the blacks
5,O95. OF the whites 11S were unable tc
sign their names; of the colored, 1856 II
Charleston and Columbia larger number
of the latter class Of persons can read anC
} write, than in any other portion of tht
State, very much larger number, because
they have had facilities before and since
t emancipation CT obtaining some education
not enjoyed by their class in all the rura
region OF the State, to which I shall advert
more particularly hereafter. In organizing
jury in Charleston, therefore, ASSUMING
r that all have paid their taxes, this proper
ton would give nearly eight colored jurors
5 to four whites, and five of these eigh
would not be able to sign their names. Ii
5 Beaufort, Georgetown, Colleton, Berkele.
3 and other districts, the showing is ever
? worse. Partial returns from Beaufort in
> dicate that there are 1850 colored, and bu
} sixty-fve white voters registered. Thi
2 proportion would furnish but one whit.
man to every fourth jury. Of the coloree
} voters registered in the rural districts es
} innate that not more than five per cent. O.