He then explained the law, and said there was no relief except by a pardon of the Governor, or by taking the prisoner out of the custody of the sheriff. A few days after, the prisoner was taken from the custody of the Sheriff and discharged. The proceeding was brought to the knowledge of the so-called Governor, who applied to General Sickles to suspend his order, but the latter declined; whereupon the Judge, then at Columbia, to hold the court of the circuit, declared that he would adjourn the court and not proceed on his circuit; that he would not go through the farce of holding a court when judgments and sentences could be arrested and prevented by military order. He then adjourned the court, and passed an order refusing to hold courts while the military order was in force. General Sickles also issued an order reversing a judgment of the Supreme Court. The President about the same time countermanded a like order of the General in North Carolina, and the Judge resumed his duties.
Under the act of Congress of March 2, 1867, the State was divided into ten military districts, and a post commander appointed for each. All local officers, who were regularly elected by the people, were to be appointed by these commanders. Military orders were issued from time to time containing social regulations, etc. One on the subject of criminal arrests and trials required all sheriffs, marshals, and police officers to report to the Provost-Marshal-General of the district, their names, residence, official station, salary, and the authority by which they were appointed; also to investigate and report all particulars of any crime committed, to the Provost-Marshal-General, setting forth name, residence, and description of the offender with the nature of the offense, and steps taken to secure punishment. Sheriffs were directed to make a full report of the condition of all jails and prisons within their jurisdiction. All civil officers in charge of any jail, prison, or workhouse, were required to make full monthly reports of each inmate under their care. All sheriffs, constables, and police officers were required "to obey and execute the lawful orders of the Provost-Marshal-General, to the same effect as they are required by law to obey and execute writs, warrants, or other process issued by civil magistrates," and any resistance or refusal to execute the same subjected the offender to trial by military commission.
Details of the plan to be followed in making the registration were fully laid down, and the order then contained the following instructions:
"Boards will take notice that, according to section 10 of the act of
July 19, 1867, they are not to be bound in their action by any
opinion of any civil officer of the United States.
"Boards are instructed that all the provisions of the several acts of
Congress cited are to be liberally construed, to the end that all the
intents thereof be fully and perfectly carried out.
"It is made the duty of the commanding General to remove from office all persons who are disloyal to the Government of the United States, or who use their official influence in any manner to hinder, delay, prevent, or obstruct the due and perfect administration of the reconstruction acts."
On September 5, 1867, Major-General Canby took command. General
Sickles, on announcing his retirement, said:
"The undersigned avails himself of the occasion to acknowledge the fidelity and zeal with which the officers and troops under his command have discharged their duties."
The question of the qualification of jurors now became important. General Canby issued an order on September 13th, which required the jurors to be drawn from the "qualified voters," which included the newly emancipated slaves. The Judges met, and sent a respectful request to the General to change the order to conform to the law of the State. By the jury law, as it then stood, no person was qualified to serve as a juror unless he was a free white man, twenty-one years of age. The Judges were sworn to enforce this law and the Constitution of the State. No notice was taken of the application. At the next court in Edgefield, Judge Aldrich, charging the grand jury, brought to their notice the order, the law and the Constitution, and the oath of office, and then declared "he could not and would not obey the order." On going to open the court a few days after, the adjutant of the post delivered to him a military order suspending him from office. He proceeded and opened the court, read the order and stated the circumstances, and, laying aside his gown, directed the sheriff "to let the court stand adjourned while justice is stifled." [131] The major-general appointed another Judge to the vacancy.
The registration of voters was completed in the middle of October, and amounted to 46,346 whites and 78,982 blacks. The vote on a State Convention was taken on November 19th and 20th, and resulted, for the Convention, 130 whites and 68,876 blacks; against the Convention, 2,801 whites. The delegates were 34 whites and 63 blacks. The Convention assembled on January 14, 1868. The Bill of Rights contained provisions similar to that of Virginia, and the Constitution was made to conform to the will of Congress. The ratification of the Constitution, and the election of State officers and a Legislature, took place on April 14, 15, and 16, 1868. The vote for the Constitution was 70,758; against it, 27,288; not voting, but registered, 35,551. The Legislature, with a majority of forty-eight blacks, assembled on July 6th. The fourteenth constitutional amendment was adopted, and the construction of the State by Congress was completed practically on July 13, 1868.