*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.