The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-07-21
OFFICIAL.
HEADQUARTERS SECOND MI1rTAny DISTRICT,
CHARIEsToN, 8. c., July Is, 1868

HEADQUARTERS SECOND MILITARY OlsTlcT,I
CHAR1EsToN, 8. c., July 13, 1868. }
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
.An act to provide for tne more efficient government
OF the rebel states," and the acts supplementary
thereto, which laws are about TO become imperative
by reason of the fulflment Of the conditions and
limitations prescribed by the provisions thereof:
And the State of South Carolina having by is Legs
lature, ratified the Consttut onal 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. ri e
l. Upon the issue Of the proclamation Of the Presi
dent of the United States, prescribed by section OF
the act Of June 25 1885, announcing the ratification
Of the said Constitutional Amendment the COM
manding 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 unfnished 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 lays of the United
States, viii 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 viii also transmit list OF the
property purchased with public funds, and exhibit
the disposition made of 1t.
s.The Provost Courts now existing in South Caro-
Linn are abolished. and the records will be transmit
ted without delay to these Headquarters
A. 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 viii tern-
nate when their. successors, elected OF appointed
under the Constitutions and lave Of said state, ahal
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
ton 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.
g. At the same time all prisoners cisizens) held By
militay authority for trial, whether in confinement
OF on bail, for crimes or offences cognizable under
laws Of the provisional government Of said State
win be turned over to the custody OF the proper CIV
Eauthorites; and all bonds, undertakings, deposits
or other security for appearance Of persons charged
with crimes or offences as sbove, taken by military
authority In this District in pursuance Of the pro-
Visions Of General Orders No. 106 eeries 1867, from
these Hesdquarters viii be turned over to the Attor-
neyGeneral Of The State with authority to enforce
the same.
The Judge Advocate Of the District will communi-
cate to the Attorney General Of the State the history
Of each case 80 transferred together with the depo
stons OF other evidence or information upon which
the parties accused have been arrested and held for
trial In like manner, the Provost MarshalG General
will transfer to the Attorney General oil depoatons,
complaints or other information on file in his ofics
in relation to persons accused who have avoided ar
rest or have escaped from confinement.
T. An prisoners icitizens) who, when the Aforesaid
Act of March 2 1857, 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 o
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
posed Of by proper authority. Upon writ Of
habeas corpus or other process issuing from Court
of the Uniel States in the Of any prisoner so
held. the writ win be promptly responded to, AND
the officer In making his return Will set forth the
material facts Of the case. II such writ be issued
from State Court the officer having the custody Of
any prisoner viii make o respectful return to the
writ setting forth the fact that the prisoner Is held
by virtue of the final judgment and sentence of o
Court Of competent jurisdiction, held under the au-
thorty Of the laws Of the United States, aDd tina
the Jurisdiction s exclusively in the Courts Of the
United States. .s-s
The division between United States and Stale jur-
isdction Is not always distinctly marked; but officers
win be guided in their action by the principles laid
down by the Supreme Court Of the United states in
the case Of Ablemsn psrsus Booth, l21 Howard Re-
ports, $685..
8. At all forts arsenals, lighthouses, customhouses
and other pu bic establishments, whether held by
original cess ion by capture and occupation. the
jurisdiction win be held to be in the United States,
regulated in the former by the tems Of the ces-
sion and In the latter exclusive, until otherwise di.
rected by law OF 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.
8. So much Of the provisions OF any orders issued
from the Headquarters of any Department District
Sub-Distict or Military Post in South Carolina as
reserves certain jurisdiction over the sea islands Of
sud 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,
1885, is revoked except a to questions Of title aris
ing under the provisions Of the law of the United
States of June 49, 1866 the jurisdiction of which ts
in the Courts of the United States. and except as
to the reservations cited in section OF this or
der. The Commanding Officer ut Elton Head will
cause The boundaries Of the Government reserva-
tons at Hilton Head, Bay Point and Lands End to
be resurveyed and distinctly marked.
TO- The canvass returns, poll lists and ballots for
the seYera elections held In said State, under the
authority Of the laws of the United States, will, as
soon as practicable be arranged and invent'red &C.
cording to the several election districts securely
packed, and transmitted to the Secretary Of State at
Columbia, for deposit and aafekeeping.
II. Authenticated copies Of the registration in each
County Of the said State will be prepared as soon Rs
possible and deposited in the Office Of the Secretary
Of State
H. Authenticated copies all General and Special
Orders repulatbons and instructions issued by the