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TH1E. DA1iL y P IIENJX; DALY PAPER $10 A YBAR. - LET OUR JUST CENSURE ATTEND THE TRUE EVENT." ' TRI-WEEKLY $7 A YEAR. BY J. A. SELBY. COLUMBIA, S. C. FRIDAY M)ONING, AUGUST 18, 1863. VOL. 1.-NO. THE PHOENIX ? IS PUBLISHER D A IL Y AND TR I- WEE KL F. AND TSE WEE?ttV. OLETEE 3Y JULIAN A. SELBY. TERMS-IN ADVANCE. 8UB3CHIPTION. Jv Paper, six months.$5 09 i-Weelah, " .? .:5.o0 Feebly. " .'? . 2 00 Single copies of the, D&ilv and Tri-Weekly, 10 cento; ot the Weekly, 15 cents. .U>VF.RTlH?3fENTS Inserted in cither the Daily orTri-Wceklv nt 11 per square, for tho brat " insert ion, ?nd 75 cent) for each subsequent insertion. In thc Weekly, 51 a squn.ro. ' i;tr*Special notices 15 cents a liuo. Imjtdvtant Decidion. The Rights of the United Slates to the Cotton and other Property of Cue late Confederate Authorities in Europe. lu thc. Lecion Court of Chancery, duly 26, before -Vice-chancellor Sir W. P. Wood, the important cane of the United States of America rs. Prioleau vras decided. This was a motion,on .behalf of the plaintiiTs. suing under their corporate title of "the Cuitad States of Amo vica," .for an injunction to restrain the delivery to tue defendant Prioleau and ?othors, who noid the bills of ladiujj of certain bales ot cot- , ton, shipped by tiv Aiineirotn Texas, in vhe hr.it inst-me?, mid recently ar? rived at Liverpool from Havana. Tho , motion .also sought to restrain the last j named defendants fx^ln obtaining possession of or parting v."i:h the coe toii, and iroui negotiating or parting i with tho biiii of lading tboreof, and ! generally iVom dealing;'With the cot- : ton otherwise than .'.n.ler tho direc-" tion o? the piaintiiie.-the United j States of America. THU l'OINT AT t Tho case Was ono of- great public ! iutercst, and raised the following ! most important question, viz: wheth? er the United States ?overuinent, in resuming their authority, over the Confederate-States, are entitled to the property ii* specie <?f those States, wherever found, without. regard to any agreements entered into by citi? zens or this countiy with the defacto Confederate rtovernraent, or rights acquired iu respect of such property. Toe bill, after stating the rebellion against the United States Government and tue usurpation of the authority of the plaintif! by divers persons forming themselves into a pretended Gov* ruinent, under the style of tue "Government of the Confederate States," ?tated that such pretended Government, under their usurped au? thority, possessed themselves ol' mo? neys, goods and treasure which wert part of the public property of tho plaintiffs, and employed thom in aid ' of tile rebellion. Such pretended Government-some timo since caused a large quantity ol' cotton which hud been acquired in exercise ot their usurped authority to*b'e shipped from Texas to Havana, with a view to its being shipped thence to "England, and sold in this country on behalf of tile Confederate Government. HISTORY. Of THE DISFUTT.D (SHIPMENT. Among oilier shipments, and that which formed the subject matter of this suit, was one ol' 1,350 bales tf cotton in the Aline.? ( )n the l?th of linne, 1S05, the Aline sailed under English colors from Havana, with this cargo of oct ton, whieli was consigne.i to the defendants, Prioleau and other-;, who carry on business at Liverpool as "Fraser, Trenholm Ar. Cn." The ship, which was consigned to the defend? ants? (Messrs. ilalcomson,) hus re? cently arrived at Liverpo >!, and is now lying in tliat?Mersey Docks. The bill proceeds to' state that the rebellion being now at ari i ml, and the so-called Confederate Government dissolved, ad the joint or public property of the persons constituting s.ieii pretended Government (including the cotton shipped by the Aline,) hud been ex? pressly ceded? to the plaintiffs, and that the cotton thus consigned to Eraser, Trenholm & Co., was nbw the absolute property of the plaintiffs, and ought to be delivered up to them. Notice has been served by tbe United I States Consul at Liverpool upon Fra ? ser, Trenholm & Co., requiring them j not to part or deal v.-j?i the cotton without thc consent ot' the plaintiffs. ! Tho defendants, the consignees of thc j ootton and of the ship, infused, how I ever, to deliver up the cotton to tile j plaintiffs, and in particular the de j fendant Prioleau claimed to be. enti . tied to the cotton, which had.been I consigned to "his ?na by Korora <? , Co., his agouti at Havana, under an j arrangement with tho nfc jacto Confe j derate Government before the sub j mission of Kirby Smith to the Fede ; rals. The snipmcnt of this cotton ! formed one of a loir : scr.es of transac ; tions between P?ok-iti? and the (,'ou J federate Government, nuder wliich he i had incurred very heavy liabilities, (to thc extant of .?l2?,??d,) and to the re? alisation of Ibis cotton he looked for i satisfaction if those liabilities. Under ! these circumstances, the bill wa;-, sign j ed, and the plaintiff now moved for an injunction. [ ABGCMSNrs PKO ?sn cox. j The Attorney-General, Mr. Gifford, i Q. C., aud Mr. Druce, appeared tor j the plaintiffs in support of tho motion, '. and contended that the Confederate j Government, bein;'- in thc position ? 01 rebels and mere:wrong-doors, had j no power to enter into any contract ; which could give the defendants, who j had full notice of tho rights ot thu ? United State?, anti of the rebellion of ; ihr- Confederates, ?any rights as against I the plaintiff-, th;'.lawful .owners. : Mr. Kohl. Q. C., Slr. W. M. Janies. Q. C., Mr. C. Milwurd, Q. C.. and I Mr. Charles Hall, on behalf of tho ; principal defendants, contended thai the plaintiffs wore entitled to stand for the pniposoa of this suit in the oosi tion of the Confederate Oovernnic.it., and in no higher position. If <;.-. .. claimed as Sta.a propeuty this cottcii now in the hand's of British KU bj oe ts, they could oui.?/ obtain it on tho tormt? of tyttisfyiug ail engagements .made i:> respect of it by their predecessors, the Confederate Government, with such British subjects, it was, ind--ad, a most startling ?iud unheard of propo? sition that a Government winch suc? ceeded in conquering and displacing a i (tc j\icio Govern mem could follow li* ! proper;;,- of the displaced Govenma ii! into t?ii--? country and ob ?am th-.! >.;.. i tance of t!ie courts of this country t< ' wrest it from British subjects, win j had entered into adair, legal contract, i with tho 'Zr facto Government, am I acted on tho faith of such contract j No such right had ever boca assertoi j by tho Bourbon Government after tin fall of Napoleon and the terniiaatio: of the Hundred Days, or even by tin King of thc Two Sicilies after the de position of .Mural. Fin-'.lier than this it had been recently laid dowa b Lord Chancellor Westbury, in "li : Chavasse," that there was nothinj j illegal in blockade running. Person j might, take their chance, and run th I blockade if they could. If caught j they must bear the consequences; bu ' if they succeeded in escaping from th ! blockading loree, tuen the cargo j when it came to this ao?t try, stoo< j upon the same footing as if it h*< i bfcen consigned in the ordinary mei i canille course. At all events, it was I new doctrine altogether that this com i ought to assist tho blockading power; lund help them' to con?scaie in tiri I country property which they were nc j active or strong enough to srtop in tlj j act of running the 'blockade. Th defendants bad a lien n;#i the coito to the extent of ?2O,(J(J0, and til court ought not to interfere unless t h ! existence ol' such lien was negative j bv the evidence now adduced. Mr. Osborne, Q. C.. Mr. W. I j Robinson and Mr. North, appoare for the other defendants; Mr. Giffon il C., replied. DECISION- OF THE OOtUiT. The vice-Chancellor said, that upi . the firsj; question-the right of tl I United States to this cotton-h*h? no doubt, though whether or not ti plaintiffs must take it, subject to tl agreement between th'o rle facto (I vernmeut and Mr. Prioleau, was more serious question. The cotton question was admittedly the result funds which had been raised by tl defecto Government of the Southe States by taxation, for the purpose carrying on the war against tho Nert ern States. It was not the prtype? I of any individual Stat? of America; if j it had.been, th'xpeculiar Constitution I of the Uni' ed States in tnis respect might'have led to various difhcnltand complicated questions. But the money with which that cotton waa purchased was levied in more than one State, and was the property of. the Government of the revolting" Con? federation, IN ow, that Government was not a mere band of marauders, plundering a country and living upon the plunder, but an actual and defacto Government, exercising authority*, and as such receiving submission, j This defacto .Government havingbeen j displaced, the Government of the United States, which had restored its I authority over the seceding States, stood exactly in the position of those who han acquired the cotton by the taxation of the ^subjects of the seve? rn! States, formerly the Confederate States, but now undoubtedly under tito control of the present plaintiffs, the United States Government. .-Ul the authorities were clear upon this point, viz: that when a de facto Go? vernment h;id been superseded or put an end to. the displacing Government succeeded t.-> ali tue rights oWthe de facto Government.) But, subpet to any argument that might be adduced at the hearing of the cause, he did not l'er-1 much doubt upon the second branch of the question, and the United Stater. Government, in taking this cotton, :ui4-;t take it subject to all agreements made it? respect of it hy? the d' facto Government, lt was not the ease v."iiicii i\ad be< .1 suggested on behalf of tho plaintiffs, of persons taking property from :: ?vrongdoer ?;r trespasser tvitli knoT.'icdgo of thc tres-. ]!MS?. The courts: of every country recognized a fi;/.'cV doveruiuent, and they could not aliovt ;he rights and contracts mr d ir their own sub? jects with an e?htt$\g (i\)vi;niment to bo disregarded. "The disolaeiug Go? vernment ^sueerod :.>*.'-' o? ..t^rtv ... the di piuced Government in the stat.' ii. which it war foti nd, and sub? ject to ali agree: tents a-?eoting ii. Tf til" theory iu>w tv..i.-;od by the plain this v. re so md, iio did not. see why they migld no( have?nod a bill for che pnr pos< of l?Rvit:;? tho Aiabarna wbilt she was lying in Southampton Harbor with Lho Confederate ?l..g ?lyJag. deli? vered up to tin ni. The United States Government coaid only claim Z'.-.'-r-, cotron, because i? hut I be?-n raised by the d' facto Cojiiederaie Government, not ny robbery or violence, but in the ordinary cour--.c of t;axation, and be eanse they iib.- United States Govern? ment) were now tn.- (h facto Govern? ment of those States in weich it had been raised. His Honor, aft&r some farther observations es t;? the princi? ple noon which the proceeds would have to oe divided, and the numerous questions that would arise at the hearing, said that ho. must, treat the defendants. Fraser. Treuholni iz Co., as entiil id to the C20.000, the amount of the liabilities i" which they swore they were subject. Ke?erving, how? ever, all these questions until the hearing, the order upon the present occasion would be to appoint the de? fendant Prioleau receiver, on his giving security for ?'i'bu(b), or under? taking to pay that sum int.? court on or before the first day of Michaelmas term. The Abbeville District * Bible So? ciety met at tile Methodist Church in this village, on W ednesday ?rf last week. The meeting was a pleasant and harmonious one. Mr. Perin, tis Chairman, presided with all the grace and dignity for which he is so charac? teristic A veiw able, address was de? livered by President E. E. Patton, of Erskine ?ollege. Due West. Hon. A. Burt with E. A. Conner, Esq., as his alternate, was unanimously requested to deliver an address before tiie next annual meeting of the Socio!v. .: [MU'rill- Jiidtrtu,, ?d. The Abolition eaadidate for Gover? nor of Ohio, General Cox, married the daughter of the late President Finney, formerly of Obedin College, in which black , and whites aro admitted e.r. e-quid terms. Greeley cites this fact as a proof that he must be sound 01 the nigger voting question. Change of position, according tc I the Bichmond Times, is a white, mar. ' driving fe. wb, wi IL u big&egrc inside Headqfrs 4th Sub-District, Mu,. D ST. OF CHA'S'N, D. OF S. C , COLUMBIA, S. C., Aug. 7,18G5. O?Nr^AL ORDERS NO. 12. ITHE Mayor and City Council of Co . lumbla aro horefoy authorized to collect au tax-;* assessed for the benefit of the city. II. Tho funds collected iu such manner will be ^expended for i b.? support of the poor and deltiiuto, and for tue Water Works and other necessities. Uv order of | Lieut. Col. N. RA UOHTON, Coru'g. i JOHN WALTON, Lieut, and A. A. A. G. - Aug 18 4 i* Hdqrs. Mil. District of Charleston, CHARLESTON, S. C., AUG OTT 10, 1365. GENERAL ORDERS, NO. 87. ORDJkltS having been received at these Heaoduarters for the molter out of the 54ch and oath 51 asa.. Vc ls., and 1st Ohio Vet. Vol. Cavalry, ail Officers and Enlisted Mea of these Regiments will immediately rejoin their commands. Tho 51th Mass. Vols, will bc rendezvoused at Mount Plea? sant, the 55th, Mats. Vols, at Orangeburg, an-*" the Battalion of the Iso Ohio Vet. Vol. Cavalry, serving in t.his District, at the Charleston Race Course. Rv command-of ? * BREV'T MAJ. GEN. JOHN P. HATCH. LEONARD B. PEII&Y, A*. A. CT. Ofticial: E. HARRIS JEWZTT, Lieut. 55th Mass. Vols., A. A. A. G. Aug 16 3 Headq's Mil Dist, of Charleston. CHARLESTON. S. C., Ara. 5, 1865. GENERAL ORDERS, NO. 85. The fellowing Paragraph from thc Re? vised Army Regida tiona (edition of 1S63,; is? hereby published for ths information and guidance of all concerned. Any officer who sholl fail to complv with said Paragraph will suhjc?: himsch to tnul for disobedience of ord? rs. 'Tar. 463. Officers on detached duty will report,'jinontiiiy, to the Commanders of their Pents, of their Regiments or Corps, a url to the Adjutant Genera), their stations, the nature of their duties, and the authority placing them thereon: likewise any chango ai address." Rv command of Brev: Maj. oun. .T. P. HATCH. LEONARD B. PERKY, A. A. G. Ofticial: E. IIA URIS JEWE?XJ 1st Lieut, and A. A. A. G._ mig 16 3 Hdqrs. Mil District of Charleston, CHARLESTON, S. C., AUGUST ?, i860. G ..WERAI. ORDERS, NO. 81. rpiIE foll ?wing Circular from thc War De .?_ partaient is hereto published for thc m?o; ita.tioii s-nu grijcnii.aij ur au concerned, jitrtct compliance with its provisions will be enfo'reed. WAR DEPARTMENT, ) ADJUTANT Gv>*Eit '.i.V, OFFICE, - WASHINGTON. February i>. lool. \ CIRVJL LAE NV. IO. In future eacii Oiaeer in chaine of onlist ed men absent from their regiments, will report at tho end of every mouth*to ?.he Regimental or Company Commanders of the mon under, their charge, whether they aro sic',,, in confineui nt, in hospital, on dc tachill servie,,, AC: the station, the duties wiiicii f!u-h mun is perfoitcing, and the au thorifA for detaining liiui, giving the nunt ber ami dat? of the order, also whether they are sick. <?r lit fer service, and any other particulars about them which may be necessary for the information of their 4'om ma?a?ug Cheers . ??i beeping a'crrcet ac? count of the pay, clothing, station, duties, of ea 'h soldier. Wimont .-roch reports a.eu cannot receive pav arin div due them. J-:. ?>. TOWNSEND, A. A. G. Cv i iramand of ' l?KEv'r MA.:. GEN. .JOHN P. HATCH. I I. EONAun PERKY, A. A. G. \ Otlieial: E. HAKRISJEWETT, 1st Lieut, and ? A. A. A. G. Aug 16 ;> j Hdqrs. Dept. of Soutk Carolina, j HILTON HEAD, S. C., AUGUST 2,1865. ( : ES ERA I. 0 UDERS, Nt '.ll. rp HE following General Orders from tho ! fi. War Department, aro hereby published far the information of this command: WAR DEPARTMENT. ADJUTANT GENERAL*S OFFICE, I WASHINGTON. JULY 20, j G EX REAL ORDERS. NO. lil. [. Commanders of Military Departments j aro anthorfecd to grant '.eaves or absence i d'or twenty day? i<> oftk-ers serving under I them. A Division Commander may, on the recommendation of the Department Com- ? mander, extend snell leave thirty days, i l'un lan- ext e nsion, if recommended, must he forwarded for the decision of the proper auiJ?ority LO the Adjutant-General of the j Army. In other respects, Article XXI. : General Regulation-* of the Army, will govern the subject of leavtfs of absence to ' officers. II. Division Coirunanders are alone au? thorized to discharged regimental officers of volunteers who tender their resignations through the projier channels, according to existing regulations. ill. ('nless in eases of speciaLaseignmcut made in orders fro*.n the Adjutant-General's Oftiee, which will ant be changed without authority from the same source, Division Commanders are authorized to assign ge? neral and staff oftieers, on duty under them, in such way as their services may be most required. IV. Monthly Returns of Military Depart? ments will be sent direct to thc Adjutant General oi the Army and to Division Head? quarter.. Division Returns, except of the staff at Headquarters, will not be required by the Adjutant-General of tho-Anny, order of the Secretan of War. E. 1>. TOWNSEND, A. A. G. . By command of MAJ. GEN. t>. A. GILLMORE. W"L. M. Rf nor a, A. A. G. Officia!: ~ i?fcimOart 35th IT C. T., A, A.'i.G. Aui?J6S I I ll lill Headq'rs Dep't of South Carolina? ? HTLT01S*HEAD. S. C., Juxx 20,1865. GENERAL ORDERS NO. 9. IT is announced, for tb? information and government of this command, thatlii^u JAMIN F. PEBEY, of South Carolina, has been appointed, by the President, Provi? sional Governor of thc State of South Caro? lina, with authority and instructions, "at the earhett practicable period, to prescribe such rules and regulations as may ne neces? sary and proper for convening a Convention, composea ol delegates to be chosen by that portion of the people of said State who are k>2-al to the United States, and no ethers, for the purposc.of altering or amending the Constitution thereof ; ind with authority to exercise, within tho limits of said State, ali the powers necoseary and proper? to enable such loyal people of the State of South Ca? rolina to restore said State to its constitu? tional relations to the Fedora! Government, i ond.to present suth a Republican form of I Sta?f (jovernmont a.j will entitle the State I to the guarantee of the United States there - ! for, and its people" to protection by tho I United States against invasion, insurrection I and domestic violence; provided, that in i any election that may hereafter bc held for choosing delegates to any State Convention I as aforesaid, no person ?hnll te quabfied as I an elector, or shall be ebgible as a member i of such Convention, unless he shall have previously taken and subscribed the oath of . amnesty, as set forth in the President's I proclamation of May 20, A. D. 18i>5, and is j a voter qualified as prescribed by the Con , stitutiou and laws of the State- of South ! Carolina in force immediately before the ? seventeenth (l?th) d&y of November, A. D. 18(30, tito date of the so-called Ordinance < f [ Secession; and the oaid Convention, when i convened, or tho L&gislaturo that may be j thereafter assembled, will prescribe the j qualification electors, and tiio eligibility : of persons to hold office under til? Consti ? timon and laws of the State', a power the ! people of the several States composing the i Federal, Union have rightfully exercised ; from the origin of the Government to tho , present time."' I lt ia, therefore, ordered, that all orooers I and other persons in the United Statej i military servie.:, within the State of South I Carolina, aid and assist Governor Pct.y Lu j currying into effect the foregoing instruo ! Cons, and they are enjoined to abstain ? from, in "any way, hin??r.ug. impeding or ; discouraging the'loyal people of the Statu ! from the organization of -State GoveiK j ment, as hei^inabe ^ Authorized and di I ree ted. , Jill ur?ero ami' Ut*tvu< . 'oct- now bi opora ! tion throughout this Department, whether ; ^.maiiatiiig from these headquarters, or from Headquarters Department of the Smith, I that are not inconsistent with tho foregoing j dii sj . } r-rviriorif* of this order. I will e. mtiniie in force as heretofore, through ? ont the Stale or South Carolina, i Every needful facility for taking the ant . nesly oath will be afforded by the military ! authorities, oh forma heretofore supplied j for that purpose. ! Hereafter Provost Marshals and Ansi -taut I Provost Marshals wiil constitute the only military officers entitled to administer tue \ amnesty oath, a certified 'copy ol which : will, in all ca's?-*, be furnished ?> the hidi j vidual taking it. Thc original oath.- will bc i transmited, semi-monthly, by the ofiicr i administering the same." io the Provost I Marshal General at these Headquarters, by j whom they will be rct-ordud in a book kept j for that purpose, and then forwarded to tue : Secretary ot State. j Persona applying (bivExecutivc clemency i will send their petition (with a. certified i copy of the Amu-sty (lath attached,; loth') President, through the Provisional (iovcr nor at Greenville. South Carolina. . Bv command of Maj. Gen. Q. A. GILL1N?OEE. Official: W. b. M. BUT.UEG, A. A. G. _AugJt5_8 Headq'rs Mil. Div. of the Atlantic, JULY 18, 1863. GENERAL ORDERS NO. 2.] IX accordance with instrnci ions from tho War Department, the following order is promulgated to this command. Hy ?onima nd of Maj. (?en. MEADE. Giro. D. rtUGGLKS, Asa'i Adj t Gen. WA It DEPARTMENT, AOJI'TANT GE.VHKAIAS ?FFICF, Washington, Jul/ ll, 18'J5. S RECIAL ORl)ERS,\\-<>. 370. {Extract.] 17. liv direction of t he President, the fol? lowing officers are hereby dishonorably dis? missed Die service of the United States, with forfeiture of all pay ami allowances, of dates set opposite their respective oauios, for violation of orders and negioi-t ot duty, in allowing their regiments t<t disband, thus delayingithe juiia/ienls and final discharge thereof jernbo missing the puolk- service, and camting suffering and inconvenience to thc enlisted men midd' their vo*.lrol: Colonel I. C. Kdwaids, ;>2d Massachusetts Volunteers, .Tub 1, 18?5. Colonel \\. ?S. King, 1th Massachusetts Heavy Artillery, June 21, 1865. Commanding Generals of Military Divi? sions and Departments will prom?lgale i his order to their respectivo commands. * * * * * By order of Die Seeretarv of War: E. D. TOWNSEND, A. A. G. Aug IC _3 Taxes! Taxes IT is nbsolutelv necessary that the CITY. TAXES be colloob ,t * ??ul farthrr lav. Mr. Daniela will be found at too Cilj Hall, or Odd Fellow s behoui Lluuse, and ?a authorized to re?oive laxes. JAi?ES "J. GWE&i, i?^yer Aug 16 ?*