The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1868-07-22

theretrom; to be exercised in such partic-
alar cases only as the General Assembly
shall expressly provide for While am
satisfied that there is no organization In
the State, having for its. object resistance
to tile laws and constituted authorities,
yet prudence would suggest that the
General Assembly should authorize the
Governor to suspend the writ o. a0oeoS
Corpus sswhen, in cases of rebellion or
invasion, the public safety may require
it, or when, from serious local disturb
-ance, the due course of law may be OBJ
structed. [ would also recommend the
MASSAGE of an act, providing that when q
party is charged with crime in any county,
and it should appear upon proper sworn
testimony that justice will not be done
the State upon the trial of said party in
the county wherein the crime was alleged
to have been committed, that then the
State shall be entitled to a change OF
venue to the nearest adjacent county
wherein Justice can be done both to the
State and the accused. 1t should also be
provided that the county from which such
change of venue is had on behalf OF the
State shall be required to pay the whole
costs of the same.
ORGANIZATION OF THE MILITIA.
Invite your attention to Article l3 OF
the Constitution providing for the organ!-
zation of the militia of this State. A we'll
regulated militia being necessary to the
security OF flee State, trust that the
General Assembly will take action upon
this important subject at an early day. l
am assured that the quota of arms to
which the State may be entitled, according
to the number of her organized militia,
will be promptly furnished by the war
Department, upon the TRANSMISSION OF the
proper requisition. respectfully request
that the Governor may be authorized to
make reouisition for one-half of those arms,
in the pattern of Springfield rifle, in gen:
eral use in the United States Army, and
for the other halfin the improved breach.
loading Springfield rifle, now being altered
at the United States Arsenals, from the
new pattern of muzzle leaders. suggest
that the General Assembly shall designate
by law the repositories for those arms.
AS soon as the militia shall. be organized
and equipped, the military forces of the
United States, now in the State, pursuant
to the Reconstruction acts Of Congress,
may, with propriety, be dispensed with
Although that force has been of great
value in extending needed protection 10
the people, yet the continued presence OF
the military is reproach to Republican
State. Our government must Iest upon
obedience to law, and upon that willing
support the citizen should give to the IN
stitutions that protect him.
MILITARY ORDERS.
The several military commanders have
issued general and special orders during
the existence of the Provisional Govern.
ment of the State, which [ recommend
that you will declare of binding force until
repealed or rendered imperative by acts
of the General Assembly. The orders re-
ferred to relate to the collection OF debts,
the stay of proceedings in the courts III
certain cases, and the relations OF land
lords ard tenants, DC. 1t will prevent
GREAT disturbance and Inconvenience to
many of our citizens if the operation OF
those orders is continued until they can
be substituted by the necessary laws
Indeed, the Supreme Court of she United
States has decided more than once chat
military orders, issued pursuant to an act
of Congress, for the government OF any
domain acquired by conquest, continue II,
force per Sc as law, until formally repealed
5y the regularly organized civl! govern
ment. The decisions to which | refer, are
found in goth Howard, page 2T6, case OF
Eugene Leitensdorfer and Joab Floughton,
plaintiffs in error vs. James j. Webb and
the case of Cross vs. Harrison, 2lst How
ard. page &c. The former of these two
cases was brought up by writ of error from
the Supreme Court Of the Territory OF
New Mexico, the latter came up by writ
of error from the Circuit Court OF the
United States for the Southern District "f
New York, and action was brought to
recover back dues paid at the port of San
Francisco, California, upon the demand OF
an officer of the army, who vna acting as
collector of that port under military order.
In both cases the Supreme CoaTt Of the
United States held that the Executive
authority of the United States properly
established a Provisional Government,
which ordained laws and instituted q judi
cisl system; all of which continued in
force after thc termination of the war, and
until modified by the direct Legislation of
Congress, or by the Territorial Govern
ment established by its authority.
Although the case of South Carolina is
not identical with that of New Mexico or
the Territory of California, yet the same
principle of expediency would appear to
be involved in all, and the same wise
policy requires the maintenance of many
existing military orders to bridge over the
transitions period that must intervene
between the cessation of the military gov
ernlnent and the enactment by the General