The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-07-23
OFFICIAL
HEADQUARTERS SECOND MILITARY D1sTNcT,l
CHARLESTON, 8. c., July IS, 1858.


General Orders, No. 1861
Z In view of the approaching termination of the mil
tary authority derived from and exercised by virtue
of the act of Congress passed March O. 1867 entitled
.An act to provide for the more efficient government
OF the rebel States" and the acts supplementary
thereto, which laws 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 it's Legs
lature, 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 1865 announcing the ratification
Of the said Constitutional Amendment, the COM
mandng officers of posts In said State will cease to
exercise any and all authority conferred under said
Reconstruction acts Of Congress, except 80 far as
necessary for The Inauguration Of the new State
government and to close up unfinished business.
Q. The terms Of Office and all official functions OF
Registrars, Inspectors, Managers or Judges Of Elec
tion, Military Commissioners, or other military
agents In South Carolina, appointed under the au-
thority of the Reconstruction laws of the United
States, will end at the 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 q list of the
property purchased with public funds, and exhibit
the disposition made Of 1t.
8. The Provost Courts now existing in South Caro-
lima are abolished and the records will be transmt-
ted without delay to these Headquarters.
L. The tenure of all sppointees 10 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, shall
be duly qualified.
S. All citizens who, at the date Of the proclamation
above referred to, may be in the custody OF the mill
ary authorities and held for trial for acts in viola
Hon 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.
6. At the same time oil prisoners cihzens) held by
militay authority for trial, whether in confinement
or bail, for crimes or offences cognizable under
the laws Of the provisional government of said State
viii be turned over to the custody Of the proper civ
authorites; and all bonds, undertakings, deposits
or other security for appearance of persons charged
with crimes0r offences as above, taken by military
authority in this District in pursuance Of the pro-
visions of General Orders No. los, series 1867 from
these Headquarters wi be turned over to the Ator.
neyGeneraI of the State with authority to enforce
the same.
The Judge Advocate Of the District will communi.
cate to the Of the State the history
of each case so transferred, together with the depo
stions or other evidence or information upon which
the parties accused have been arrested and held for
trial In liko manner, the Provost Marshal-General
will transfer to the Attorney General all depohtons,
complaints or other information file In his Office
In relation to persons accused who have avoided mr.
rest or have escaped from confinement.
T. All prisoners (citizens) who, when. the aforesaid
Act of March q 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 eu-
thorized by the said laws, will be condpued in the
said custody until entitled to discharge by expiration
OF sentence or until their are otherwise dis
posed of by proper authority. Upon writ of
aabeas corpus or other process issuing from Court
of the United States in the of any prisoner SO
held the writ will be promptly responded to, and
the officer in maK1ng mis- return Will set forth tho
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 aDd tha
the jurisdiction is exclusively In the Courts Of the
United States
The division between United States and State jur-
isdiction 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 rersus Booth, III Howard Re.
ports, 5O6.)
g. At oil forts, arsenals, lighthouses, customhouses
and other public establishments, whether held by
original cession or by capture aud occupation the
jurisdiction will be held 10 be in the United States,
regulated in the former case by the terms Of the ces-
son and In the latter exclusive, until otherwise di.
rected by law or other proper authority. Command
ing officers are 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.
9. 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 seq islands OF
said State embraced in the operation of Special Field
Orders, No. l5 from the Headquarters Of the Mill
tary Division of the Mississippi, dated January 16,
1866 is revoked, except to questions of title aris'
inr under the provisions Of the lew of the United
States of June 16 1866. the Jurisdiction Of which is
in the Courts of the United States and except also as
to the reservations sp Gifted in section Of this or
der. The Commanding officer at Hilton Head will
cause The boundaries of the Government reserva-
tions at Hilton Head Bay Point, and Lands End to
be resuryeyei and distinctly marked.
TO- The canvass returns, poll lists and ballots for
the sevea elections held in said State, under the
authority of the laws Of the United states, will, as
soon as practicable, be arranged and inyentored ac
cording 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 each
County of the said State will be prepared as soon as
possible, and deposited in the Office Of the Secretary
Of State
l2. Authenticated copies OF all General and Special
Orders, regulations and instructions issued by the
District Commander, or by Post Commanders under