Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1868-07-17

rived therehom; to DO exercised in sueh parti.
cular Gases only as the General Assembly shall
expressly provide for. While ] nm satisfied
that there is no organization in the State, hav-
ing for its object resistance 10 the laws and
constituted authorities, yet prudence would
suggest that t'e General Assembly should au.
thorize the Governor to suspend the writ Of
ha6eas corpus "when, Id cases Of rebellion or
invasion. tho public safety may require it," or
when. from serious local disturbance. tho duo
course Of law may be -obstructed. Iwosld IT,
20 recommend the passage Of an act, providing
that when party is charged with crime in auy
county. and it should appear upon proper
sworn testimony that justice will not be done
the State upon the trial of said party In tho
county whereiu the crip,e was alleged to have
been committed, that then the State shall 10
entitled TO clangc of Venue 10 lhe nearest
adjacent count y wherein justice can he done
both 10 The State and 10 the accused. II should
also be provided tlnt the county from which
such chunge Of venue ie had Oh behalf of the
State shalt be Fequiced to pay the whole costs
Of tho same.
ORGANIZATION OF THE MILITIA.
invite yonr attention to Article Is of the
Constitution providing for the organization of
the militia of this State. A we'll regulated mi.
htia being necessary 10 the security Of q free
| State, trust that the General Assembly will
take action upon This important subject at an
early day. am assured that the quota Of
arms to which the State may be entitled, &C.
cording to The number OF her organized mill
tia: will be promptly furnished by the War
Department. upon tho Transmission Of tile
proper requisi,fon. Ire.pectfully request that
the Governor may be authorized to mako re-
QUESTION for one half Of those arms, in the
pattern of Springfield rifle, in general Use iu
the United States Army. and for the other
half IN The improved breach loadng Springfield
rifle, now being altered at the United States
Arsena!s, from the new pattern of muzzie-
leaders. suggest that the General Assembly
shall designate by law the repositories for
those arms
AS soon ms tho militia shall be organized and
equipped, the military forces Of the United
States now In the State. pursuant 70 the Re-
construction ncts Of Congress, may, with pre-.
pr'ety. be dispensed with. Although that
force has been Of great value in extending
needed protection to the people, yot the con-
tinued presence Of the military is a reproacl,
| to Republican State. Our government must
| rest upon obedience to law. and upon that
willing support That the Citizen should give 10
the institutions that protect him.
| MILITARY ORDERS
The several military commanders have issu ed
general and special orders during the exi.tenc C
of the Provisional Government Of the State.
which recommend that you will declare oi
binding force Until repealed or rendered inop.
erntivc by Acts Of the General Assembly,
The orders referred to relate to the collection
OF debts. the stay of proceedings in the court.
In certain cases. aud the relations of landlord.
and tenants, DC: 1t will prevent great dis-
torbanco and Inconvenience 10 many of our
c't'ns II the operation Of those orders Il oon-
tinusd until they can Le substituted by the
necessary laws. Indeed, tho Supreme Court
Of the United States has decided more than
once that military orders. Issued pursuant to
an act Of Congress, for the government Of any
domain acquired by conqnest continue in fore.
per SC as law. until formally repealed by the
regularly organized civil government. The de-
c's'ons 10 whicn refer, are found in 2Otb
Howard, pngs 27o. case of Engene Leitens-
ddrfer and Joab Houghton, plaintiffs in error
vs. James j. Webb; ond the case of Cross "a
Harrison. 2lst Howard, page IS. The forme,
OF these two eases was brought up by writ o
error from the Supreme Court Of the Terrific
ry OF Mex. Mexico, the latter came up by writ
of error from the Circuit Couyt of tie United
Ssates for the Southern District Of New York
and action was brought 10 recover back due.
paid at the port Of San Francisco, California
upon the demand Of an officer of the army
who was acting A. colleebqr Of that port upds,
a military order. 10 bot1, gases the Supreme
Court OF The United States held that a,e Ex-
scutive authority of the United States proper.
ly establish Provisional Government. which
ordained laws and instituted judicial system
all of which continued in force after the ter
m'nation Of the war. and until modified by the
direct leeialation Of Capgress. or by the Eerri-
torial Government estabiished by its authority
Although the case of South Caro.ina 10 no,
identical with that Of New Mexico or the Ter.
ritory OF California, yet the same principle :o
expediency would appear to be involved In all
and TIC same wise policy requires the ,msiD-
tenance OF many existing military orders te
bridge over the transition period that must in
tervene between the cessation Of the military
soverdmsnt and the enactmsnt by the General
Assembly Of tbe statutes necessary for tho reg.
uler administration Of the State in it. yariou.
| departments.
/ sAtAR1rs OF STATE orrfcxnx -
In view Of tho impoverished condition OF
the treasury, and tbe. necessity for the mos,
rigid econar,y, in ordsr,o uaiu,ain the credi,
Of the State. recommend that tho salaries o,
al State officers shah be placed at such fic-
ure as will secure to Them only a rea,onabIe
compensation foifsthss discharge Of their several
duties. In, fixing these salaries, due allow
anoe may properly be made for the, ,diffsrsnee
between the gold rate at which they were
formerly paid and the present market value o
the currency; and as the ofcss were s created
for The benefit Of t'Is public, and not for th.
emofumsnt Of particular ifdiviSusls, tics.
who hold than pay we'll be content viii, a
,t's cempepsatio9 for the service they may
rsndsr to the State. ,r,-
I further recommend thst You p, provide by
law for Tie appointment BY the Gotertnoar; ol