Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1868-07-23
?Mliste1lauenns tArtifles.
CIVIL LAW REsTORED.
HHADo'Rs % MILITARY DISTRICT,

CIVIL LAW REsTORED.
HEADQ'Rs % MILITARY DISTRICT, |
CHARLESTON, s. c., July 13, 1868. = {
General Orders No. 1876.
In view of the approaching termination
of the military authority derived from and
exercised by virtue of an Act of Congress
passed March 2, 1867, entitled can Act to
provide for the more efficient government
of the rebel States" and the Acts supple
mentary thereto, which laws are about to
become imperative by reason of the fulfil
ment of the conditions and limitations pre-
scribed by the provisions thereof. And the
State of South Carolina having, by its
Legislature, ratified the constitutional a.
mendment 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:
/. Upon the issue of the proclamation
of the President of the United States, pre-
scribed by Section 8 of the Act of June
25, 1868, 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 con.
ferred under said Reconstruction Acts of
Congress, except so far as necessary for
the Inauguration of the new State govern
ment and to close up unfinished business.
2. The terms of Office and all official func-
tions of Registrars, Inspectors, Managers
or Judges Of Election, Military Commits
sioners, or other Military agents in South
Carolina, appointed under the authority OF
the Reconstruction laws Of the United
States, will end at the date of the procla-
nation of the President, referred to in the
preceding section, and all such officers or
agents will, 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 list
of the property purchased with public
funds, and exhibit the disposition made OF
it. a.....
s. The Provost Courts now existing in
South Carolina, are abolished, and the re-
cords will be transmitted without delay to
these Headquarters.
1. The tenure of all appointees to civil
Office in the State of South Carolina, under
the authority of the Reconstruction laws
of the United States, will terminate when
their successors, elected or appointed under
the Constitution andlaws of the said State,
shall be duly qualified.
5. All citizens who, at the date of the
proclamation above referred to, may be in
the custody Of the military authorities, and
held for trial for acts in violation of the
Reconstruction laws of the United States,
or in violation of military orders issued un-
der the authority of the said laws, will be
from custody and the military
dismissed.
6. At the same time all prisoners (citi-
zens) held by military authority for trial,
whether in confinement or on bail, for
crimes or offences cognizable under the laws
of the provisional government of said State
will be turned over to the custody Of the
proper civil authorities; and all bonds, un-
dertakings, deposits, or other security for
appearance of persons charged with crimes
or offences as above, taken by military au-
thority in this District, in pursuance of the
provisions of General Orders No. los, Sc
ries 1867 from these Headquarters, will be
turned over to the Attorney General of the
State, with the authority to enforce the
same.
The Judge Advocate of the District will
communicate to the Acknowledgement of
the State the history of each case so trans
ferred, together with the dispositions or 9th
er evidence or information upon which the
parties accused have been arrested and held
for trial In like manner, the Provost
Marshall General will transfer to the At
General all dispositions, complaints
or other information on file in his Office in
relation to persons accused who have avoid
ed arrest or escaped from confinement.
I. All prisoners (citizens) who, when the
aforesaid Act of March 2, 1867, becomes
under the conditions and limi-
tations prescribed by the fifth Section there
of, may be in confinement or custody by
virtue of the final judgment and sentence
of Military Commission or other military
tribunal authorized by the said laws, will
be continued in the said custody until enti
tied to discharge by expiration of sentence,
or until their cases are otherwise disposed
of by proper authority. Upon a writ of
habeas corpus, or other process issuing from
u Court of the United States in the case of
any prisoner so held, the writ will be prompt
ly responded to, and the officer in making
his return, will set forth the material facts
in the case. If such writ be issued from o
State Court, the officer having the custody
of any prisoner will make respectful re-
turn to the writ, setting forth the fact that
the prisoner is held by virtue of the final
Judgment and sentence of Court of COM
petent jurisdiction, held under the authori-
ty of the laws of the United States, and
that the jurisdiction is exclusively in the
Courts of the United States.
The division between United States and
State jurisdiction 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 Ableman versus Booth (21 Howard
Reports, 5O6.)
s. At all forts, arsenals, light houses,
custom houses and other public establish
ments, whether held by original cesson or
by capture and occupation, the jurisdiction
will be held to be in the United States, reg
ulated in the former case by the terms Of