Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1868-07-22

valedictory of the Military u"Vef'i'ne"V
Of SOUTH Carolina:
lF:Apo'ss 2xp. MILirAEy DlsrR1cT,
CnAsERsrox. S. c., July l3, '6S.
General Order 40 1856.
In view of the approaching termination
of The military authority derived from
AMI exercised by virtue Of The Act of
Congress- passed March 2, 1867. entitled
An Act to provide for the more efficient
government of the rebel States" and the
Acts supplementary thereto, which laws
are about TO become imperative by rea-
son of the iuIiiment of The condi-
lions and Imi,ations prescribed by
the provisions thereof: And the State
Of Sonth Carolina having by its LegSia-
,ure ratified the constitutional amendment
known as Article Fourteen, the following
instructions are promulgated for the in.
formation and guidance of the officers of
this command serving in the said State:
!. Upon the issue Of the proclamation
OF the President Of the United States.
prescribed by Section 3 of the Act OF
June 25, 1868, announcing the ratifica-
ton of the said constitutional amendment,
the Commanding Officers of Posts in
said State will cease to exercise any and
all authority conferred under said Recon
struction Acts of Congress, except so far
rs necessary for the Inauguration Of the
rcy State Government and to close up
unfinished business.
2. The terms Of Office and all oficial
functions of Registrars, Inspectors, Mana
gers or Judges Of Election, Military Com
1nissioners, or other military agents in
Sonth Carolina, appointed under the au-
ihority Of the reconstruction laws of the
United States, will end at the date of the
proclamation Of the President, referred
70 in the preceding section, and all such
officers or agents will, without delay, for
ward to these headquarters any books or
records relating to their official duties
that may be in their possession. They
will also transmit list of the property
purchased with public funds, and exhibit
the disposition made Of it.
3. The; Provost Courts now existing
in South Carolina are abolished, and the
records will be transmitted without delay
to these Headquarters.
q. The tenure Of all appointees to civil
Office in the State of South Carolina IN
,zder the authority of the reconstruction
t1aws-of the United States will terminate
when their successors, elected or.appoint-
ed under the Constitution and laws of the
snid State, shall be duly qualified.
5. All citizens who, at the date of the
proclamation above referred TO, may be
in the custody of the military authorities,
and held for trial for acts in violation of
the, reconstruction laws of the United
States, or in violation of military orders
issued under the authority of the said
laws, will be discharged from custody,
and the military prosecution dismissed.
s. At the same time all prisoners (cit-
zrns) held by military authority for trial,
whether in confinement or on bail, for
crimes or offences cognizable under tine
laws of the provisional government of
said State, will be turned over to the Gus
tody of the proper civil authorities; and
al bonds, undertakings, deposits or other
security for appearance of persons charged
with crimes or offences as above, taken
by military authority in this District, in
pursuance OF the provisions Of General
Orders No. l05, series 1867, from these
Headquarters, will be turned over to the
Attorney General Of the State, with au-
,hority to enforce the same.
The Judge Advocate of the District
will communicate to the Attorney Gen
eral of the State the history of each case
so transferred, together with the deposi-
tons or other evidence or information
upon which the parties accused have been
arrested and held for trial. In like man.
ner, the Provost Marshal General will
transfer to the Attorney. General all depo-
sitions, complaints or other information
ON filerin his Office in relation to persons
accused who have avoided arrest or have
escaped from confinement.
7. All prisoners (citizens) who, when
the aforesaid Act of March 2, 1867, be.
comes imperative under the conditions
and limitations prescribed by the fifth
section thereof may be in confinement
or custody by virtue of the final judg-
ment and sentence of Military Com
mission or other military tribunal author
lied by the said laws, will be continued
in the said custody until entitled to dis.
CHARGE by expiration of sentence, or un-
tn their cases are otherwise disposed of
by proper authority. Upon q writ of
HaJeas Corpus or other process issuing
from a Court of the United States in the
case of any prisoner so held, the writ
will be promptly responded to and the
officer in making his return will set forth
the material facts Of the case. If such
writ be issued from State Court, the
officer having the custody of any prisoner
will make respectful return to the writ
setting forth the fact that the prisoneris
held by virtue of the final Judgment and
sentence of Court of competent juris.
aiction, held under the authority of the
laws Of the United States, and that the
jurisdiction is exclusively in the Courts
of the United States.
The division between United States
and State jurisdiction is not always dis.
tinctIy marked but officers will be guided
in their action by the principles laid down
gby the Supreme Court of the United
States. in the case of Ableman uersus
Booth (2l Howard Reports, 5o6.l