Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1873-07-17
THE CIRCUIT COURT.

THE CIRCUIT COURT.
The Court of Common Pleas and General
sessions-His Honor T. ]. Mackey presi-
ding convened in adjourned term at II
o'clock, A. NJ, on Monday. All the members
of the grand and petit juries were present.
Upon Reorganization Of the Court, His Honor
addressed the grand jury, saying that he
deemed it unnecessary to give them further
instructions at this period of the session than
was given at the commencement of the term,
there being no special matter on which to in
struct them. He would remark, however,
that he deemed it proper to call to their at
tenton the fact that in York county COM
pany of militia had been organized, their SER
vices rendered to the State authorities, and
accepted. Arms have been, or will be issued
to this company of militia, and in view of
these facts-the company being composed of
colored citizens-fears were entertained by
one class of people-quiet, law-abidiug and
good citizens-that the organization of this
militia company will tend to violence and
disorder The views of this class of worthy
citizens should be properly and duly consid-
cred by those who administer the law. An
other class say that should such company
of militia be organized, they will take the Of
fensive and dissolve the organization by force.
1t is proper that the Court should notice this
condition of affairs in York county, and bring
to the attention of the grand jury the admoni-
tions of one class who fear disorder and vio-
lence, and the threats of the other class who
desire to incite disorder and violence.
The militia are part of the governmental
organization of the State, which the Legisla-
ture even cannot remit, for it is established by
ths fundamental law. Under the Constitu-
ton, the General Assembly have enacted
laws rendering all able.bodied men between
the a. < ,ofeighteen and forty-6ve years liable
to military duty. The laws prescribe fines
for failure to enroll, and make all needed reg
ulations for the government and organization
of the militia. In enforcing the law, the au.
thorities and State officials have no discretion.
But having observed the repugnance of the
whites to enroll themselves in the militia, the
authorities have not attempted to enforce the
law with rigor. This repugnance was gener-
ally conceded to be from the fact that the ne
groes were liable to this duty as well as the
whites. This, in the opinion of His Honor,
was groundless reason, and he cited the.case
of white companies in Charleston and else
IofE bo osks .yho hoI
fought through the late war, and were vete-
rams in arms, who did not object to the organi.
zation of colored militia. In Charleston there
are ten volunteer companies composed of
whites, and fifteen militia companies composed
of colored citizens and so far from any colli-
sion having occurred between them, their re-
lations were amicable and friendly.
Why should the colored citizen, armed and
organized pursuant to law, and in the peace
full exercise of his rights as civic soldier, be
regarded by the white South Carolinian as
hostile element? When ourstrong and brave
men were in the 'front.' the negro was the faith
full sentinel guarding our defenceless homes,
and toiling submissively to feed our wives and
children. He did not strike for vengeance
then, and he purposes no violence or wrong
now Indeed, when the hour of our disaster,
and his triumph came, he often stood forth to
soften the rage of the victor against his van
quished master.
1t is the duty of the presiding Judge to as
sure all that there will be no violence. The
company is armed under the law, and while
obeying the law and observing its require
ments they will be protected BY the law. Of
Tenders will be punished. No authority is
delegated to the militia, simply because of
their organization as such, to violate the laws,
and should they do so, they will certainly be
punished and made to feel that their trans
gression is greater and the punishment more
deserved than if the ofenses were committed
merely as citizens.
The men who make threats against the COM
pany are not dangerous, and fortunately they
have but few representatives in York county.
The large majority of the people of the coun-
ty are law-abiding citizens but for the bene
fit of those who make threats, it is but proper
to say that the slightest attempt at violence
will be attended and followed with commen-
surate punishment. No aid will be called
from the United States government. The
State authorities alone are able and deter
mined to protect the militia organizations,
and already has the machinery been perfected
to attain this end. His Honor further denied