The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-07-30

General Orders, No. 1851
In view of the approaching termination Of the mil
tary authority derived from and 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 eupplem "ntary
thereto which laws are about to become imperative
by reason of the ful6lment Of the conditions and
limitations prescribed By the provisions thereof:
And the State of South Carolina having. by its Legs
iature, ratified the Constitutional Amendment known
as Article Fourteen, the following instructions are
promulgated for the information and guidance Of
| the officers of this command serving in the said
State.
l. Upon the issue of the proclamation OF the Presi-
dent of the United States prescribed by section OF
the act Of June 25, 1863 announcing the ratification
of the said Constitutional Amendment, the COM
handing officers of posts p said State will cease to
exercise any and all authority conferred under said
Reconstruction acts of Congress, except go far as
necessary for the inauguration Of the new Slate
government and to close up unfinished business
2. The terms of office and all official functions Of
Registrars, Inspectors Managers or Judges OF Eec-
tio1 1odi1litary Commissioners, or other military
agents In South Carolina, appointed under the au-
thoritT of the Reconstruction laws Of the United
States viii end at t7e date OF the proclamation Of
the President REFERRED to In the preceding section
and all such officers or agents win. without delay
forward to these Headquarters any books or records
relating to their official duties that may be in their
possession. They will also transmit O list Of the
property purchased with public funds, and exhibit
the disposition made ofit.
g. The Provost Courts now existing in South Caro-
lima are abolished and the records will be transmit
ted without delay to these Headquarters.
H. The tenure Of all appolntees to civil Office in the
State of South Carolina under the authority Of the
reconstruction laws of the United States will term-
nate when their successors elected or appointed
under the Constitutions and laws of said State, eha
be duly qualified.
s. All citizens who at the date Of The proclamation
above referred to, may be in the custody OF the mill
tary authorities, and held for tra for acts In viola.
zion of the Reconstruction laws Of the United States
or in violation Of military orders issu:d under tie
autho: ity Of the said laws will be discharged from
custody, and the military prosecution dismissed
6. At the same time all prisoners cidzensl held by
miNtsy authority for trial, whether in confinement
or on ball. for crimes offences cognizable under
the laws Of the provisional of said State
il authorities; and all bonds undertakings, deposits
or other security for appearance Of persons cnarged
with crimes or offences as above, taken by military
authority In this District In pursuance Of the pro-
vision. Of General ordersEo. 1o5, series 1857 from
these Headquarters win be turned over to the AttoT
ney.General of the state with authority to enforce
the same.
The Judge Advocate Of the District will commun'..
cate TO the Attorney General of the State the history
of each case 30 transferred together with the depo
sitions or other evidence or information upon which
the parties accused have been arrested and held for
trial In like manner, the Provost Marsh1LGeneral
will transfer to the AttorpeyGeneral al dispositions,
complaints or other information on file in his Office
In relation to persons accused who lave avoided ar-
rest or have escaped from confinement.
7. All prisoners (ctzens) who, when the Aforesaid
Act of March 2 1867, becomes imperative under the
conditions and limitations prescribed by the fifth
section thereof, may be in confinement or custody
by virtue Of the final judgment and sentence OF
Military Commission or other military tribunal au.
.horized by the said lawe will be continued in the
said custody until entitled to discharge BY expiration
Of sentence, or until Their cases are otherwise dis
posed of by proper authority. Upon wit Of
habeas corpus or other process issuing from Court
of the Unite States In the Of any prisoner 30
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 prisoner is held
by virtue OF the final judgment and sentence OF
Court of competent jurisdiction, held under the au-
thority Of the laws Of the United States, apd tha
the jurisdiction Is exclusively in the Courts OF the
| United States.
The division between United States and STATE jur-
isdicon is not always distinctly marked; but officers
will be guided in their action by the principles laid
down by the Supreme Court Of the United States IN
the case of Ablemen rersrs Booth, III Howard Re-
ports, 50G.)
g. At oil forts, arsenals, lighthouses, customhouses
and other public establishments, whether held by
original cession or ny capture acd occupation the
Jurisdiction will be held TO be In the United States,
regulated in the former case by the terms Of the ces
son and in the latter exclusive, until otherwlse d.
rected by law or other proper authority. Command
ing officers required to see that such places are
| not allowed to become asylums for criminals, and
that no not In the service Of the United States
are allowed to establish themselves within the limits
of any ceded or reserved jurisdiction.
0. So much of the provisions OF any orders issued
from the Headquarters Of any Department District,
sub-District or Military Post in South Carolina as
reserves certain jurisdiction over the sea islands OF
said State, embraced in the operation OF Special Field
Orders, No. Is, from the Headquarters Of the Mill
tary Division Of the Mississippi, dated January 49,
1866 is revoked except to questions OF title aris-
ing under the provisions OF the law OF the United
States, OF June 16 1865 the jurisdiction OF which ls
in the Courts of the United States, and as
to the reservations specified in section Of this or
der. The Commanding Officer at Hiton Head VIII
cause the boundaries of the Government reserVa-
tons at Hilton Head, Bay Point, and Lands Ind 10
be resurveyed and dis inctly marked
10. The canvass returns, poll lists and ballots for
the several elections held in said State, under the
authority Of the laws of the United states, WILL as
soon practicable, be arranged and invent 'red ac-
cordng to the several election districts, securely
packed and transmitted TO the Secretary OF state at
Columbia, for deposit and safekeeping
II. Authenticated copies of the registration IN eacn
County Of the said State will be prepared as soon as
possible and deposited in the Office OF the secretary
Of State
-. Authenticated copies o. all general ana epeciai
Orders, regulations and instructions issued oy Inc
District Commander, or by Post Commanders under
l hn