University of South Carolina Libraries
*r-t c^ktr+n/r- r-r i'cjm: Ti;adk Again?Almost.?The Collec tor of this poit?Mr. T. C. Severance, informs us that he is ready to clear ?Oods from hcr^ to any other plp.ee in the Department on the payment of the 3 per cent. tax. He expects this tax will be abolished by instructions expected to be iroeiVcd by next mail. Although no order^on this subject has yet been issue.', from Department Headquarters, such an sjjjf-T will probably be published in a few "* ? * C . 4 nv> dffvs. (See Treasury .agem * in??-? n. other column.) The onc-per-ccnt. b-.x will probably scon be abolished and sonic other means taken fos meeting the expenses of proper policing and improving our new city. Now is the tthie fotciUzens and oihers who intend making this their place of residence to call a meeting and take the initial steps towards'orgauizing a city or town government. In this connection we call particular attention to the communication in to-day's paper signed ^leactyfto Help." Caput re ofuTefj-. Davis & Co.?It is useless lor us to "spread" ranch on this affair. Onr neighbors in Savannah and (Charleston with their doily blanktt sheet* (?) have given the story so fully w u*,. lmrdiv nc(d leneat it as a matter of nrtj?. Eut as we were permitted to see f.liT "last of the Confederacy" wc have, fai another column, made a note of it. 1 he iollowing is a list of those captured: Jeff. Davis, wife, three children and wife's sister, A. H. Stephens, Gen. Wheeler and three of his stuff, C. C. Clay and wile, Ala., Col. Lubbock, Ex-Gov. of Texas, Col. Thomas, Capt. Moody, John H. Reagan, P. M. Gen., Col. Johnston, brother of God. Joseph E. Johnston. K?adqva?teiis, Liter, or tke Socth, ) ill lion Head, S. C., May 15, 1805. ) General Orders, 1 Xo. t>3. J I. The proclamation of A. e. Magratn, styling' himself Governor of South Cmouiia, dated at Headquarters,Columbia, South Carolina, May 2d, declaring that all subsistence Stores and tuO property of the Conledentte States within the limits of the State should bo turned over and ac Counted for by the Agents of tfce Htate, appoint CO. fcx that purpose, and directing that tim subsistence and other stores shall be used lor the relief ol the people of the State; and tne proclamation ot Joseph E. llrown, styling himself Govera? or of Georgia, dated at the Capitol of that State, wti the 8d day of May, 18'Jo, requiring Iheoffle-ers And members of the General Assembly to meet 111 extraordinary Motion at the Capitol in MilJedgcviiJc on Monday, the 22*1 day of May. lSe5 ; and the pioclainutiou of A. K. Aiiisoli, slyfiti-j liiiaecif Acting Governor of Florida, dated at 1 atlalaasce, on the 8th day of April, 1S05, giving notice and direction thut an election will be hclu on Wednesday, the 7th day ol June, 1805, lor Governor of the State of Florida ; are, each and Pli oi them, declared nnlland void, if having become known to ine, ft cm trustworthy intonnutiou, thufTho aforesaid A. G. AJ.iWith, Joseph 12. Brown, and A. K. Allison, arc disloyal to the Butted States, having Committed sundry and divers acta of treason against the same, in adhering to their enemies, giving them aid and comfort. Ihc persons and peoples, to whom the proela Ulilki'JUa lltftlll UIW . C ItlCI IV IJUIV .w f pedUvely addressed, are therefore eujoined and commanded to glve no heed whatever thereto, or to any order?, proclamation?, commissions, or coJfcnanda, emanating trom pendens claiming ihe right to exercise the functions and authority of Governor in either of Uie Slates of South Carolina. Georgia or Fiorda, unless the same shall Lave beeu promulgated by the advice or consent ^f the United States authorities. II. 1 he policy and wishes of the General Government toward the people of these States, and the method which should be pursued by them in resuming or assuming the exercise of their political rights, will doubtjiss be made known at un ?. rly day, it is deemed sufficient, meanwhile,to announce that the people of the black race are iree citizens ol the United State?, that it is the fixed intention of a wise and beneficent Government to protect tf ein in the enjoyment of thpir freedom and the fruits of their industry, and that it is the manliest and binding duty of all citizens, whjtcs ft* well ?9 blacks, to mate such arrangements at;d agrcementsamong themselves, for compensated labor, as slin'l to mutually advantageous to all parties. Xeithcr idleness nor vagaancy will be tolerated, and the Government will not extend pecuniary aid to any persons, whether white or black, wljo are unwilling to help themselves. III. District and Post Commanders throughout this Department will at once cause this order to be circulated tar and wide, by apcciai couriers or otherwise, and will take such steps tJ secure its uu&rcejncnt as may by thein be deemed necessary. 9. A. GILL MORE, M*j.-Gcn, Commanding. mli'hl " T. D. Hodges. Capt. 36th U. S. C. T., Act Asst. Adjt. GeD. Head-Quahtcts, Dept. or ths Socth. \ Hilton Heap, S. C., May 15,1?C5. ) Gent ral Orders, I No. G'2. j The leliowing General Order from the War -Department, is published for the information of this command WAR DEPARTMENT, AdjxtaNt's Gen i eal's Office, \ Washington, April ?1,1866. j jrr""*?1-1J- - -? -uiiu**i.r-i?rih lagfc. hi -it T ; The attention ofal! commanders of Military j I Division!*, Departments, Districts, Deta hments I and I'oats is drawn to the annexed opinion of the j | Attorney Ueneial, which they WT11 observe, and j regulate their fiction in accordance then vitii: j Attorne? General's Oh :cf, \ April 22, 186 > J i ITt'S. El an; M. Stantok. Srentity of ". 'ar. Sjit; 1 Lave fhd honor to achuowled^a tlic re 'nipt of your letter of me 01 Apr.i. ia u . j you ask me fliree questions growing out ot the j capitulation made between General Grant, of the : United States Army, and General Lee, of the reb[ el army. You ask, Finl. Whether rebel officers wbo | once resided in the city of Washington, and went to Virginia, or elsewhere in the South, and took s< nice, can return to the city under stipulations ' of the capitulation, and reside here as their | homes? Second. Whether persons who resided in j Washington about the time the rebellion broke : oat left the city and went to Richmond, where they have adhered to the rebel cause, entered into the civil service, or otherwise given it their j support, comfort, or aid, can return to Washing, ton. since the capitulation of General Lee's army, and the capture of Richmond, and reside here under the terms of the capitulation ? j Third. You state tlnd, since the capitulation ; of Uen. I/ e's army, rebel officers have appeared j in public in the loyal States, wearing the rebel j uniform; and you ask whether such conduct is j not a fresh act of hostility on their part to'the ! United States, subjecting thera to be dealt with as avowed enemies of the Government? Your letter is accompanied with a copy of the I terms of capitulation entered into betwixt Generi als Grant and Lee. It is as follows: "Hulls of all the oQicers and men to be made in duplicate; one copy to be given to an officer designated by me, the other to be retained by 1 such officer or officers as yon may designate. The officers to give their individual paroles not to take arms- against the Government of the United SUdes until properly exchanged, and each company or regimental commander sign a lite paro e for the men of their commands. The arms, artillery, and public property to be parked and | stacked, and turned over to the officers appointed ( by me (Gen. Grant) to receive them. This will ^nut.embrace the side arms of the officers, nor "their private horses or baggage. This done, each j officer and men will be allowed to return to their honit s, not to be disturbed by United States auj thority so long as they observe tbeir parole and I the laws in force where they may reside." j I?In giving construction to these articles of capitulation, we must consider in what capacity General Giant was speaking. He, of couise, spoke by the authority ot the President of the United Stab s, as Commander-in-Chief of the Ari rales of the United bta'es, It must be pifcs.umcd i tha*' he had no authority from the fresidc-pt ex1 cept such f.3 the Commander in.-Cl;ief could give i to a military officer. I The President performs two functions of the I Government; one civil, the other military. As j President of tue United States and its civil head, . In. the nnrflnntiKT riAiver: lis President of the United States he is Commander-in-Chief of | the Armies of the United states, and is the head , of its belligeraut power. His power to pardon as j a civil magistrate cannot be delegated; it is a par-* [ ? nal (rust inpoparately connected with tho ouice i of Presideht. As Commander-in-Chief of the Armies of tho United States he li3s, of necessity, to delegate n vast amount of power. Regarding j Gen. Grant, then, purely as a military officer, and j thr.t ho was speaking a* one posses-.ing 110 power e.\c? [it belligerent, and considering that fact to he weil known to tiio belligerents with whom he was making the stipulation, let us come to the consideration c-f trie first question which you have propounded. It mutt be observed that the question is not as to tue extent of the power that tiie President, as Commander-in-Cliief of the armies, possesses; it is not whither he, as Commander-in-Chief of the Armies of the United States, could grant parole, I by virtue of his military authority, to rebels to I go to, anil reside in loyal coiumunitits?rontmu | nilies that have not been in rebellion against the flowmwrt of the United State?; but the qucsI tion is whether by, and under the terms of the stipulations, he tms granted such permissions. I In the cases in 2 Black, commonly called the Prize Cases, the Supreme Court of tho United i States decided that the rebels were belligerents; 1 that this was no loose, unorganized insurrection, without defined boundary, but that it had a boundary, marked by lines of bayonets, which can only be crossed by force; that south of that line is enemy's territory, because claimed and j held by an organized hostile and belligerent | power; that all persons residing within that j territory must be treated as enemies, though not foreigners; and it is well settled that all persons ! goiag there without license, pending the liostili-1 j lies, or remaining thero alter hosfi jtigs com-1 I meaced, roust be regarded ?nd treated as resi- j j dent; of that territrry. It follows, as a nutter of j course, that residents of the territory in rebellion ! j cannot bo regarded as having home3 in the loyal j .-tateo. A man's home ard his ret}dence cannot i I ce distinct the one from the other. Tim rebels ; " ??? Jo?l?wiili hr ClonrvMl fip-ftit a? helliserents. I j As belligerent*, their homes wore of necessity in | i the territory belligerent to the Government of ] i the United States. The officers an? soldiers of j General Lee's army, than, who had homes, prior | to the rebollion, in the Northern 8'ft tea, took up ! their resldoneo within the rebel States, and abau-1 doned their homes in the loyal States; and when General Grant gave permission to them, by the stipulation, to return to thftir homes, it cannot be understood as a permission to return to any part of the loyal States. I That was a capitulation of surrender, and not j a truoe. Yattel lays it down that: [p. 411) "Durj lng the truce, especially if made for a long perj iod, It is naturally allowable for enemies to pass : ftnri rpraisa to and from each other's country, in i lie same manner as it is allowed in time of peace, since all hostilities are now suspended. But each of the sovereigns 13 at liberty, as be would be In time of peace, to adopt every precaution which may bo necessary to prevent thi3 intercourse I from becoming prejudicial to him. Hehasjuetl i grounds of suspicion against people w;th whom *<?*? t 1 ?*_gl-i. B. J--^ry-eho i* won to recommence hostilities. He may even declare, at the ume of making the truce, that he will admit none of the enemy into any p.ace under his jurisdiction. . i.r.n,a^A fi,0 (nomr'stcrri XUVHJ MIV, lia * viiwivu *** ?. tories during the truce, are detained there Ly sickness, or any other r.uMirniountabie obstacle, and thus happen to remain in the country alter the expiration of the armistice, may, m stiict justice, bo kept prisoners ; it is an accident which they might have foreseen, and to which they have, of their own accord, exposed themselves ; but humanity and generosity commonly require that they should be allow ed a sufficient term for their departure. * "If the articles of truce contain any conditions eiihcr more extensive or more narrowly restrictive than what we have here laid down, the transaction becomes a particular convention. It is obligatory on the contracting parties, w ho are bound to observe what they have promised in due form; and the obligations thence resulting constitute a conventional right. Now if th? rights of enemies, during a long truce and suspension of hostilities, are thus restricted, it would seem evjdent that their rights under a capitulation or surrender, without any suspension of hostilities, could not, without express words in the stipulation to that effect, be anything like as large as truce and suspension of hostilities. liegarding General Grant, then, as speaking simply as a soldier, and with the powers of soidier ; regarding this war as a territorial war, and all persons within that, territory as residents thereof and, as such, enemies of the Government ; and looking to the language of the stipulation, I am of opinion that the reuel officers who surrendered to General Grant have no homes within loyal States, and have no right to come to places which > ere their homes priur to their going into rebellion. 1L As to your second question?The stipulation of surrender made betwixt Gei-erals urant and Lee, does not embrace any persons other than the officers and soldiers of General Lee'? army. Persons in the civil service of the rebellion, or w ho had otherwise given it suppoit, comfort and aid. and were residents of the rebel territory, certainly have no right to return to Washington under that stipulation. III. As to the third question?My answer to the first is a complete answer to this. Rebel officers certainly have no right to be wearing their uniforms in any of the loyal States. It seems to me, that such officers, having dune wrong in coming into the loyal bcates, aie but adding insul t to injury in weai mg their unnoxms. They have as much right to bear the traitors' ilag through the streets 01 a loyal city, as to wear a traitors' garb. The strpqiatipn of surrender permifcruo sut'h thing, sum the wearing of such uniform is an act ot' hostihty against the Government. Very Respectfully, Your ob'd't serv't, JAMES SPEED, Attorney Gen'l. By Order of the fcecretary of War, W. A. MCUOLS, As.t. Adjt. Gen'l. By Command of MaJ. Gen. y. A. GILLMDBE. T. D. Hodois, Capt. 3.1th V. S. C. T-, "lOfficfsL] Act. Ass't. Adj't. Gen. MARINE NEWS. ABJUV?I>. May 11, Schr James S Shindler, Somc-re, Phila; schr Bobbie W Dillon, Ludlaw, do ; schr George A Marsh, Irwin, do ; schr John Vance, Smith, Jiatanzas. May 12, stmr Arago, Gadsden, N Y. May U, bark Nonpareil, Flimi, Phila; schr Eveline, Sweet, do; schr David B Doaue, Knowl# ton, N Y. May 14, schr A A liowe, Carbeny, Key West; schr Queen of the South, Corson, Phiia ; schr P Boice, Doughty, do ; schr Sidney Price, Godfrey, do ; brig Crana, Brtlce, do ; hng C W King, McLean, do ; bark Annie, Clifford, do;schr Salhe B, Bateiuan, do ; schr K W Godfrey, Godfrey, do ; schr Carroll, Sprague, do ; brig C H Frost, Small, do ; brig Lillian, Swazey, Boston ; brig llenrv Leeds, Wliitniore, Plula. May 15, schr Trade Wind, Smith, do; brig John Pierce, Strout, Bath ; brig Maha, liobinsou, Phila ; bark G W Horton, Packard, do. May 10, schr Gen. Knox, Paytou, do ; Br schr Driver, Bailey, Nassau, N P;"sloop James Grubbs, Dolliver, Savannah; schr Wiltin, Crane, do : stmr Cosmopolitan, Crooker, X Y ; strur Ggu'l J II Barnes, Morton, Annapolis. May 17, schr Compromise, Brown, Savannah ; 8U1J) JUiiwri'iice, ouni.isvu, uy. to, . H'lir A. Kicnarda, Arey, do. CUCAEED. Way 12, sloop Eliza, O'Brien, Savannah ; sloop Eebecca Hertz, lthoades, Charleston ; strnr Constitution, Greenman, Annapolis; schr Wilton, Crane, savannah : schr Bengal, Gott, I'hila. May 13, schr John Vance, Smith, Savannah; brig Catherine Neciels, Philbrooh, Phil a ; brig Julia Ford, Burgess, do ; brig Mary Cobb, Duncan, N V ; sloop James Gnibbs, Doliiver, Savannah.? May 15, sc.hr Ephariru & Anna, Harris, Phila; schr Susan M Tyler, Fuller, S Y; schr Maitha, Hudson, Charleston. May 1C, ship Francis P Sage, Spmcer, N Y ; schr Hobble W Dillon, Ludlaw, Savannah ; schr George A llearse, Sherman, do; stmr Arago, Gadsden, X Y ; brig Urana, Bruce, Fernar.dina. May 17, schr Sailie B, Bateman, Charleston ; sloop White Cloud, Newman, Savannah ; schr Compromise, Brown, N Y ; ship Lawrcnc?, Johnson, do, May 13, schr A Richards, Arey, do, NEW YORK AND CHARLESTON STEAMSHIP LIXE. Carrying the United States Mail. p>sr~.?*<-~\ THE NEW an J first class SteamGRA.VADA, Capt. Rodi'ey Eaxadtaa?BTER, and A IMAM BRA, Capt. Wit. i3e>*so>", will form a weekly line between Charleston ancl New York?leaving Charles ton every Wednesday afternoon at 2 o'clock. ; The G. anada will leave Charleston, Wednesday, I May 21th, at 2 o'clock P. M ' 1'or flight or passaec apply at the temporary Ollko 01 Uic Coiup^uy?oliils tiou:-.o, CUAnCLtuu, s. o. Si CHAIiLES C. LEAKY. Keadqcahtths Lr.pr. or ihl Scrra,) OrfiCi. l'uyvosx Ma usual ^ j. liu ujr initt utiiriw, , IIiltom Hi-ad, y. C., May ?0, ibbo. J I Notice is hereby givtn tl.at all packages nc.vr ' I remain iuv in the i'wg oi Truce Bureau, Hilton < i head, S. 0., unless called or sent tor wi'hil: tii.ri ly days from the date of this advertisement, will, alter the expiration of that time, be bold at auci tion to the highest Jnddcr ; the proceeds of T | which will be retained at said office, subject to the claims of the owners. ! The following named persons are thosa to , whom the packages arc directed, viz : I Maj. Wm. Deany, Confcd. Pris. of War. ; Cnpt H. W. Home, " " " C?pt 8. V. Sherman," ' " ^ Lieut. R. B. Hewlett, " " " ? i Lieut. J. C. Justus, " " " BEN J. W. THOMPSON, Major and rrovost Marshal Gca'b P. 8. Hilton* Head, May 17,18Hfc - - ; , Sir:?I have to-day seen the new rtgulbuomi #if presenbed by the Secretary of lite Treasury, . which went into effect on the lith ir.st. ?AS'f.< have no copy for you, I give you a synopsis thereof and such directions as they s:cm to tequire. You will please see that the fame are promptly V0. executed in your agency. All ^reviona .fgula^ ' . tions are revoked. The new, substantially piescribe as follows: 1st, Nothing but cotton can be purchased by agents appointed to purchase Tor the United Oiaico. 2d, All other products in States included in the President's proclamation of April 23, 1865, may be forwarded to I03 al .states by any owner thereof, whether he be ihe original producer cr a purchaser, upon payment"of the internal leve- - " nue tax. 3d, Any person taking the prescribed oath that he will be hereatter loyal to the United States, tnay receive any amount of gocds, uct con*r. bardof war, and may dis-poee ot them w itbou; restriction at any place in the lines named to any person who shall have taken the prescribed oath. Ihe authority to do this will be given by the Cur- ^ toms Officer of the Port where the jjcods are received, or by any other officer of the Treasury Department. *< You will Bt once commence acting under the new regulations as above indicated. Y'ou will ai so at once dismiss all Local special Agents in your agency, no duty being'hercaltc-r require*! of lh6in. Any merchandise new arrived or hereafter arriving in your agency under a proper clearance, > ou will cause to be permitted to be lauded and * ' *? oi-rihrri7r.fi fl.spotc'j ci lO Or UJf Ullj ?.-V....above. Please to Instinct assistants in your agency accordingly. 1 am, very respectlully, Your obediant servant, \VM. P. MELLEN, ten! Ag't Treas, Dep't. I A lb oil ii. Browne, Esq., Sup. Sp'l Ag't 5 h Agency, Savannah, Geo .J ~= AVANTlS. ~ I UfANTED. ? TEN THOUSAND CUSTOMERS H every day to e.it my I'.uast Turkey and Cran- * berry Sauce, chickens, Roast Beef and Horse Radish, Roast Mutton, Veal, Pork, Sausages, Ac., Ac. Also to (Link my C'Lret, Table liter, Cool Soda AVater, Lc. At the "Office," No. 1% Merchant's Low, Port Royal, S. C. BENJAMIN HONEY, 32 Proprietor. WANTED.?At the " Office " lyt Merchants' _ Row, Port Royal, 8. C.. TVVO F.XPElilEXCED WAITERS. No colored man need apply. 32. bexj. HON ey, Proprietor. Uf anted.?A second COOK. One that can r# come well recommended may apply at the "Ofiico," lit Merchant's Row, Port ltoyal, S. C. " American or Englishmen preferred. U2. BEN J. HONEY, Proprietor. ; LOCK Oil FOR VOIR MS. , WE HAVE RECEIVED A FEW DOZENS OF those celebrated FRENCH GOGGLES, on* of the best protections lor the eyes from sand or the glare ox the sun either on lunu or water. SEAKS, New Soeth Store. t AGAIN V.'E LIVJEf ^500.00 REWARD To any person who, keeping a Restaurant at Port Royal, S. C., has a greater variety of eatables, or ti-l.rt Ito j a /?lu?Tiihr hi i chimin f then j Honey, at the j44 OFFICE,*' No. I? Merchant's Rovf. " Cl:anUiicsi it next ta Codtijifcs*,"-.-. , I have no hesitation In saying that my Cooke ~ .1 l-juid Waiters are old and experienced; men accus- _ j tomed to cook for and van on gentlemen. And' ; I ain pleased to say that my name 6tands A No. I amongst the Citi2cii$of Port Eoyal, South Carc. l.na. HEATS, VEGETABLES, FRUITS, <*<?., received from the North by every steamer. YtgtlaV.ct, F. uits, dc., received from the plantations every mora Let'. BENJAMIN HONEY," Proprietor. Formerly Chief Steward of the Steamships Z??r. manr, bailie, A c ic, Ccatcecoalcus, Florida, Vandvliit. etc. Also formerly proprietor of tha (Original) Office," 560 Houston bt, New York. Although last not least, soldier in the 6th New ' York, Duryee Zouuvcs. Two years in the army. The "Inner Man" Mu t and Shall fc Preserved. S3 BEX J. HONEY.