698 



SOUTH CAKOLINA. 



3. Captain J. W. Clous, 38th Infantry, Aide-de- 

 Camp, is hereby relieved from duty as Acting Assist- 

 ant Adjutant-General. 



D. E. SICKLES, Major-General. 



J. W. CLOUS, Captain 38th Infantry, Aide-de-Camp. 



General Orders, No. 85. 



HEADQUARTERS SECOND MILITARY DISTRICT, ? 

 CHARLESTON, S..C., September 5, 1S67. \ 



1. Under the authority of the assignment announced 

 in General Orders, No. 80, of the 26th ultimo, from 

 the headquarters of the Army, the undersigned as- 

 sumes command of the Second Military District. 



All- existing orders and regulations are adopted and 

 confirmed, and will be observed and enforced, unless 

 hereafter modified or revoked by proper authority. 



2. Temporarily, and until further orders, the du- 

 ties of Assistant Adjutant-General will be performed 

 by Second-Lieutenant Louis V. Caziarc, Aide-de- 

 Camp. ED. K. S. CANBY, 



Brig.-General and Brevet Maj. -General U. S. A. 

 0. M. MITCHEL, Aide-de-Camp. 



One of the first acts of General Canby after 

 taking command was, to require all persons 

 domiciled in the States of North and South 

 Carolina, who had, by temporary self-exile, or 

 otherwise, avoided compliance with the terms 

 of the surrender of the Confederate armies, to 

 give, within thirty days, the parole prescribed 

 on the 9th of April, 1865. 



Pending the establishment of rules for the 

 government of military tribunals, the provost 

 courts were prohibited from exercising jurisdic- 

 tion in any case involving the title of land, or 

 in any civil cause where the debt sued for, or 

 the damage claimed, exceeded three hundred 

 dollars. 



The question of the qualification of jurors 

 became of importance again in view of the 

 approaching fall term of the State Courts. 

 The portion of General Sickles's order, No. 

 32, which related to this subject was modified 

 as follows : 



General Orders, No. 89. 



HEADQUARTERS SECOND MILITARY DISTRICT, I 

 CHARLESTON, S. C.. September 13, 1867. f 



Paragraph 2, of General Orders, No. 32, dated May 

 30, 1867, is modified as follows : 



All citizens assessed for taxes, and who shall have 

 paid taxes for the current year, and who are qualified, 

 and have been or may be duly registered as voters, 

 are hereby declared qualified to serve as jurors. 



It shall be sufficient ground of challenge to the 

 competency of any person drawn as a juror that he 

 has not been duly registered as a voter. Such right 

 of challenge may be exercised in behalf of the people 

 or of the accused in all criminal proceedings, and by 

 either party in all civil actions and proceedings. 



Any requirement of property qualification for ju- 

 rors, in addition to the qualification herein prescribed, 

 is hereby abrogated. 



The "Governors of North and South Carolina, re- 

 spectively, are hereby authorized and empowered to 

 order, if it should be necessary, special terms of 

 courts, to be held for the purpose of revising and 

 preparing jury lists, and to provide for summoning 

 and drawing jurors in accordance with the require- 

 ments of this order. 



By command of Brevet Maior-General ED. E. S. 

 CANBY. 



Louis V. CAZIARO, Aide-de-Camp, 



Acting Assistant Adjutant-General. 

 0. M. MITCHEL, Aide-de-Camp. 



The Legislature, at its session in December, 

 1866, imposed a poll-tax of one dollar on every 



male person between the ages of twenty-one 

 and fifty years, residing in the State, on the 1st 

 of February, 1867, so that negroes were there- 

 by qualified to act as jurors, while the chal- 

 lenge for disfranchise en t would exclude a 

 large portion of the whites from this privilege. 

 The result would be that, in the city of Charles- 

 ton, eight of the twelve jurors would, in the 

 average number of cases, be colored persons. 

 In some of the country districts the proportion 

 of blacks would be still greater, and that too 

 in places where it was estimated by compe- 

 tent authority that no more than five per cent, 

 of these blacks were able to read or write. In 

 view of this aspect of the case, together with 

 some practical diificulties in the way of carry- 

 ing the revision of the jury lists into eifect 

 before the October term of the Superior 

 Court, Governor Orr wrote to the President of 

 the United States, earnestly protesting against 

 the execution of General Canby's order, and 

 asking that it be revoked, or "at least sus- 

 pended until after the close of the fall terms of 

 this State." "If carried into execution, "said 

 he, " this general order will more completely 

 unsettle the laws relating to persons and prop- 

 erty than all the other orders that have yet 

 been issued by the military authorities in this 

 district." A. P. Aldrich, one of the Judges of 

 the State, at the Court of Common Pleas, at 

 Edgefield, refused to conform to the rule pre- 

 scribed in General Order No. 89, in empanel- 

 ling the jury, declaring that obedience to that 

 order was inconsistent; with his oath of office, 

 which required him not only to preserve and 

 protect the constitution of the State, and that 

 of the United States, but so far as he was con- 

 cerned " in the drawing, balloting, empanel- 

 ling, or summoning of juries, truly, diligently, 

 and uprightly to carry into due and faithful 

 execution the Act of General Assembty, com- 

 monly called the Jury Law, passed A. D. 

 1831." According to this law those only are 

 qualified to serve as jurors who are entitled 

 ly the constitution of the State to vote for 

 members of the Legislature, and who have paid 

 a tax on property held in their own right. 

 General Canby suspended Judge Aldrich from 

 office, and directed the State Treasurer not to 

 pay his salary after the 31st of October ; but 

 after a conference with Governor Orr, and 

 Governor "Worth of North Carolina, he issued 

 another order on the subject of empanelling 

 juries. It provided that, in those courts where 

 it was impracticable for want of sufficient time 

 to draw and empanel the juries in accordance 

 with the previous order, the jurors already 

 drawn and summoned, under the provisions of 

 the General Order No. 32, be empanelled, 

 the right of challenge for non-registration, 

 however, to be allowed ; and wherever juries 

 were already empanelled in conformity with 

 his former order, such panels were to be held 

 valid and effective. The following is the pro- 

 vision for drawing jurors at the fall term, to 

 serve at the subsequent term : 



