The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-07-11

cular cases only as the General Assembly
shall expressly provide for. While am
Satisfied that there is no organization in
the State having for it's object resistance
to the laws and constituted authorities,
yet prudence would suggest that the Gen.
eral Assembly should authorize the Go
vernon to suspend the writ OF hdbeas cor
TuS, when, IN cases OF rebellion or inva4
when, from serious local disturbance, the
due course Of law may bc obstructed.
would also recommend the passage OF an
Act, providing that, when a party is
charged with crime in any County, and IL
should appear, upon proper sworn testi-
mony, that Justice will not be done the
State upon the trial of said party in the
County wherein the crime was alleged to
have been committed, that then the State
shaH be entitled to" change OF venue to
the nearest adjacent County, wherein JUS
tice can be done, both to the State and
the accused. It should also be provided
that the County from which such change
Of venue is had on behalf OF the State,
shall be required to pay the whole costs
of the same.
ORGANIZATION OF THE MILITIA
l invite your attention to article thirteen,
OF the Constitution, providing for the
organization OF the militia of this State. I
am assured that the quota Of arms to
which the State may be entitled, according
to the number Of her organized militia.
will be promptly furnished by the War De-
partment, upon the transmission Of the
proper requisition.
AS soon as the militia shall be organ
lied and equipped, the military forces of
the United States, now in this State, pur-
suant to the reconstruction Acts of Con-
gress, may with propriety be dispensed
with. Although that force has been of great
value III extending needed protection to
the people, yet the continued presence of
the military is reproach to a Republican
state. Our Government must rest upon
obedience to law, and upon that willing
support that the citizen should give to the
institutions that protect him.
MILITARY ORDERS.
The several Military Commanders have
issued general and special orders during
the existence of the provisional Govern
ment of the State, which 1 recommend
that you will declare of binding force until
repealed or rendered imperative by Acts
of the General Assembly. The orders re-
ferred to, relate to the collection of debts,
the stay of proceedings in the Courts in
certain cases, and the relations OF land.
lords and tenants, &c. tt will prevent
great disturbance and inconvenience to
many OF our citizens it the operation of
those orders is continued until they can
be substituted by the necessary laws. In.
deed, the Supreme Court of the United
States has decided, more than once, that
Of Congress. for the government of any
domain acquired by conquest, continue in
force per Sc as law until formally repealed
by the regularly organized civil govern
ment. The decisions to which I refer are
found in goth Howard, page 276, case of
Eugene Leitensdorfer and Joab Houghton,
plaintiffs in error, us. James j. Webb;Rand
the case of Cross Us. Harrison, 21st How
ard, page 66. The former Of these two
cases was brought up by writ of error
from the Supreme Court of the Territory
OF New Mexico, the latter came up By
writ of error from the Circuit Court Of the
United States for the Southern District of
New York, and action was brought to re-
cover back dues paid at the port Of San
francisco, California, upon the demand
OF an officer OF the army, who was acting
as Collector Of that port under q military
order. In both cases, the Supreme Court
OF the United States held that the Execu-
~ established a provisional Government,
which ordained laws and instituted a Judi
cial system; all of which continued in
force after the tel mination of the war, and
until modified by the direct Legislation of
Congress-, or by the Territorial Govern
ment established by it's authority.
Although the case of South Carolina is
not identical with that of New Mexico or
the Territory of California, yet the same
principle of expediency, would appear to
be involved in all, and the same wise
policy requires the maintenance af many
existing military orders to bridge over the
transition period that must intervene be-
tween the cessation of tho military 60
vernment and the enactment by the Gen
eral Assembly Of the statutes necessary
for the regular administration Of the State
in its various departments.
SALARIES OF STATE OFFICERS
In view of the impoverished condition
OF the Treasury. and the necessity for the
most rigid economy, in order to maintain
the credit of the State, recommend that
the salaries of all State officers shall be
placed at such figure as will secure 70
them only reasonable compensation for
tho discharge OF their several duties. In
fixing these salaries, due allowance may
properly be made for the difference be-
tween the gold rate at which they were
formerly paid, and the present market
value OF the currency; and as the offices
were created for the benefit of the public,
and not for the emolument of particular
individuals, those who hold them may well
be content with fair. compensation for
the service that they may render to the
State.
further recommend that you provide
by law for tho appointment by the Cover
nor of Private Secretary, at such salary
as will secure the necessary clerical skill
and intelligence for the proper discharge
Of all the duties Of such Office.
CONCLUSION.
Our gratitude is due to the Gver of all
good for the bright promises of an abun-
dant harvest now visible throughout the
State. Permit ME to express the hope
that in all your deliberations, the spirit of
harmony and mutual forbearance, so ma