The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-07-22
OFFICIAL.
HEADQUARTERS SEcorp MILITARY DISTRICT,
On. q n 1.,1.r

HEADQUARTERS SECOND MILITARY DISTRICT, T.
CHARLESTON, s. c., July Is, 1858.
General Orders, No. 1861
In view Of the approaching termination Of the mil
iary authority derived from and exercised by virtue
Of the act of Congress passed March O. 1857 entitled
can act to provide for the efficient government
Of the rebel States" and the acts supplementary
thereto which laws are about to become imperative
by reason Of the fulhlment Of the conditions and
limitations prescribed by the provisions thereof:
And the State of South Carolina having, by its Legis-
lsture, 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 Prsa-
dent of the United States prescribed by section Of
the act of June 25 1s6s announcing the ratification
Of the said Constitutional Amendment, the com.
mapding 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 Eec-
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 viii, without delay
forward to these Headquarters any books or records
relating to their official duties that may be in their
possession. They viii also transmit O. list Of the
property purchased with public funds, and exhibit
the disposition made of it.
8. The Provost Courts now existing in South Caro-
lima are abolished, and the records will be transmit
ted without delay to these Headquarters.
L. The tenure of all appolntees 10 civil Office In the
State of South Carolina under the authority Of the
reconstruction laws of the United States will termi-
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 custodof the mill.
tary authorities and held for trial for acts in viola
ton of the Reconstruction laws Of the United States,
or In violatonof 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 all prisoners tcizens) held by
miNtay authority for trial, whether in confinement
or on bail, for crimes or offences cognizabe under
the laws Of the provisional government of said State,
will be turned to the custody OF the proper civ
authorities; and all 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 pro-
visions of General Orders No. los, aeries 1887 from
these Headqunrters,wi be turned over to the Attor
L.
the same.
The Judge Advocate Of the District will communi-
cate to the Attorney General Of the State the history
Of each case 90 transferred together with the depo
stions or other evidence or information upon which
the parties accused have been arrested and held for
trial In like manner, the Provost Marshald General
will transfer to the Attorney all depoaiaons,
complaints or other information on file in bis Office
in relation to persons accused who have avoided mr.
rest or have escaped from confinement.
T. All prisoners tcitzens) who, when the aforesaid
Act Of March q 1867, becomes inopcratve 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 q
Military Commission or other military tribunal au.
thorized by the said laws, 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 writ OF
haoeas corpus or other process issuing from Court
Of the United States In the Of any prisoner 30
held, the writ viii be promptly responded to, and
the oficer,in making his return win set forth the
material facts of the case. If such writ be issued
from State Court, the officer having the custody Of
any prisoner viii nuke respectful return to the
writ setting forth the fact that the prisoner is held
by virtue Of the final Judgment and sentence Of q
Court OF c6mpetent jurisdiction, held under the au.
thority Of the laws Of the United States, apd tina
the jurisdiction is exclusively In the Courts OF the
United States.
The division between United States and State jur.
isdcton is not always distinctly marked; but officers
viii 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, $685.
8. At all forts, arsenals, lighthouses, customhouses
and other public establishments, whether held by
original cession or by capture and occupation, the
jurisdiction will be held to be In the United States,
regulated In the former by the terms Of the ces
sion and in thelatter exclusive until otherwise d.
rected by law or other proper authority. Command
ing officers are required to that such places are
not allowed to become asylums for criminals, and
that no persons 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 the sea islands OF
said State embraced in the operation OF Special Field
Orders, No. is, from the Headquarters of tho Mill
tary Division of the Mississippi, dated January le'
1866 is revoked except to questions OF title aris-
inc under the provisions of the law OF the United
States of ane 16 1866 the jurisdiction Of which Is
IN the Courts of the United States and e1ceptIlso as
to the reservations specified in section OF this or
der. The Commanding officer at Hilton Head VIII
cause the boundaries Of the Government resrrva
tons at Hilton Head, Bay Point, and Lands End te
be resurveyed and distinctly marked.
TO- The canvass returns, poll lists and ballots fol
the size, elections held in said State, under tht
T-I