The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-04-16
Miscegenntion in south Carolina.

ACTION OF GENERAL LcANBY-NTERMARRIAGE OF
NEGROES AND WHITES ALLOWED as ONE OF
THE "EoUAL RIGHTS" UNDER THE LAWS OF
THE UNITED STATES.
We find the following article in the Green's
boro' IN. CO. Patriot, of Monday last
The clerk of the county court informs US
that some time last fall application was made
by colored man tor license to marry white
woman. The man was told that such proceed
ing would be contrary to the law Of the State;
whereupon he went to the superintendent OF
the Freedmen's Bureau, who called upon the
clerk, and was told that such license could not
be granted without a military order to that
effect. The superintendent here then wrote to
the State Superintendent ut Raleigh, stating
the case, and that there were three such cases
before him, and asking that especial order"
might be granted in specified case (where
the woman already had children by the mani,
il general order" could not be given for all.
He wrote second time before receiving an
answer, which had been delayed on account Of
waiting return from headquarters at Charles
ton. The following vas finally received as
Gen. Canby's response:
HEADQUARTERS SECOND MILITARY DIST,
CHARLESTON, S. c., Nov. IL, 1867.
Brevet General n. A. Niles, Z. s. A., Assistant
Commissioner Bureau q. S., F. & a. L., Ra-
leigh, n. c.:
S1R Referring to communication of Captain
Hilderbrandt, representing that cases arise
where freedmen marry whites, and the clerk
refuses 10 issue licenses, forwarded by you on
the sd ultlmo is received.
am directed by the commanding general to
state in reply, that the laws OF the United
States invest all classes of citizens with equal
rights, and that whenever these rights are de-
MED, the same laws furnish ample remedy.
The commanding general does not deem it
necessary to order civil officers to obey the
laws OF the United States in such cases.
You will please inform Captain Hilderbrandt
Of this determination.
am, sir, very respectfully,
Your obedicnt servant,
L. Y. CAZIARC,
A. D. c., 4. a. 4. G.
The clerk, still reluctant to perform so dis
agreeable duty, requested copy OF General
Ca1oy's letter and q little time TO GOES llt his
legal friends. Captain Hilderbrandt politely
complied, and furnished him copy OF the cor
respondence.
At the request of the clerk. six gentlemen OF
the legal profession in Greensboro met and con-
sidered the case. It is unnecessary to state
what was said about the constltutionality or
unconstitutionalitv OF the laws of the United
States Civil Rights Billy leferred to by Gene
raj Candy. They were unanimous IN the
opinion that the Federal law is paramount un-
til it shall be repealed or pronounced uncon-
stitutional by the Supreme Court of the United
States consequently, that the clerk had no
option but to be governed in his official. con-
duct by this paramount law, and the inter
probation given by the military commander.
Such is plain, dispassionate statement OF
this matter Three or four instances have
since occurred OF marriages between negroes
and whites in this county. Of the character Of
such whites we have nothing to say. The con-
sequences to flow from this radical change in
our social laws We leave TO the Imagination OF
our readers. The subject is loathsome-we
will let it rest for the present.