Historical Newspapers of South Carolina

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Tuesday Morning, Augst 2, 1665 Civil w. 1ilitary Authority. The Press South, especially since the abortive effort to restore civil authority in Virginia, has been considerably ex ercised upon the question of preroga tives belonging respectively to the civ.il and the military authorities in each State. The Columbia Phoenix, of the 17th inst., leads off ably and pointedly upon the question. To-day we publish Gen. Gn.molnc's. order announcing of. ficially.the existence of a Provisional Govern'ient. Thetpoint at issue is, to determine how the authorities, civil and tpilitary, tally or dove-tail together. Taking the Proclaniationof Gov. PintY and the order of Gen. GIIMoRE togeth er, the matter seems to narrow itself down to a single point, and it is this: Gen. GILHOR icknowledges but a small part of the authority claimed and pro. claimed by the Provisional Governor, -and that is embraced in '1,h6 two first paragrdphs of the Proclamation. Gen. GILUORic rec9gnizes Mr. PEfnY D8 Gov ernor, and acknowledges his authority to "opuv'ene a Conventiob." His order sustains the Governor in atl the prelimni naries of a Convention. Now read tie seaond paragraph of the order. The in ference there is plain that civil authority' aoes not exift in the State only so far as the order sustains Gov. Pxinty. It does this as far as he is authorized to form a State Government. The last clause of the 7th paragraph of tie Proclamati6n. says, "if will lie ekpected of the Fcieral military authorities now in South Unro lina, to lend their authority to the civil of. cers of the Provisional Government. for the purpose of enforcing the luws and pre. serving the peace artd god order of tho State." The order quotes the first para. graph of the Proclamation, and lends its authority that far. It cannot be inferr. ed fron the order that Gen. un.vomnt recognizes, as Gov. PFIRnY claims to make known, that "tie Constitution and all -laws of force in South Carolina prior to - he secoasion, of the Stkate, aie hereby made of force under the Provisional Government, eicept wherein they may conflict with 'the provisions of this proc!aMation1 ?" He recognises the civil as forming rather than e isting. Tihis brings us to' the direct qunstion, -which hthority. rredorminates now, civil ok.milifry ? for both are acting in the tate. If the military is aiding and as sisting the civil only, then the civil does; but if there is no appeal from the milita. tary to the ciril in cases of arrest, then the military predominates. It is unne eessary to , elaborate on this point. Every man+ caieudge - for himself. Wherever tjiero'-i ;a provost marshal, * th?re is matjal rat WherJir there is inartial law, there the ~civil i coveged by the military anti4- The conclu 4sion therefore is forec ~pon us that thme - powets proclaimed by the P'rovisional Gbvertn reach'farther thamithe Gener ral Gemmand~ing ;i~willing to go in sup. Portinmg, In this we may be mistsken,, but~We#abide. in the opinion-until the is-' sne is mk84,- and the matter decided au tho~ritier. Iti1* meantime our dui. ty i. to use alproper means to remove ttocasion for two uncertain'powers' by put% the State under the absolute - ftt do jtheriif t sonsuii 81u6Vttni th~ aUove*e have fall. en upon a letter o(Ge~n. Thou AS, com-. which the relati powersare, wve think; properly define& heammbj~et~s the ar rest et Fm as uapproogolarget TA'.o.in that martisk law, but the ,muitjnr will notbreaeered to utma ste ev authoritied fail do 46t Is fitlie hm %I Lij . i ofs''a.. 'abien, ahd iievr assume is.funcotionis except in casos in *hich prompt action is a6casor to 'sure the publio 1afty. In cont ll the Governor may rest assred thatIe will be fully sustained in carryng .out any policy of the general and State governments as long as troopi remain on duty in the State. "Vrv renptflyiv your obedient ser vant "Gao. H. THOMAS, "Major Gen. U. S. A., Comaanoling." Among the applicants for pardon is the Hon. Hilrschel V. Johnson, of Georgia, the candidate, for Vice-Presidont with 1gn. Stephen A. Douglas in 1860. Ilis application was presented through Mrs. Stephen A. Douglas. - The Presi. ,dent declines to grant any pardons at present except in extreme ca. ses. He was pardoned. Tia SITUATIO.Si IN TENxssEE;. The Nashville Gazette of the 20th titi. mo contains a fair statement a of the sit. uation in Tennessee, and what is said of Tennessee is no doubt true of other Southern States, It says: We take occasion to say that, in' Mid. dIe Tennessee, at lbast, there has been no threit or apparent ititention of re turned rebel soldiers to meddle with. the election. They are behaving with the utmost modesty. The deiermination expressed by rebels, whoseliands are red wit.h blood, to votb for rebels, never did wake up the authorities ; for their never was any such expression. - Thir whole parade of intended fraud and violence in the election has no oth. or foundation than in the purpose of a radical clique to conjure up a pretext for suppressing the legal Union vote, which they know to be two to one against them. ExcrrxxxxT A INTTilt 2 NK0e1oos I TuI.: NonRTwIs.:S.-Thero is much excitement in Cirko county, Indiana, on account of several outrages commit. ted in the comtay by negroes. A gene. ral rising and blotting out of that class of the popilatioi was expecte(. ' The LIouisville Democrat of the 4th says : "At latest'accounta negroes wtere flee. ing from Evansville in all directions, be. ing learul of being killed by the citi. zens. The citiz-ens bent theim whierever ihey cnn catch them. and thev 'seem deterniiied, sineo'the brutal ontrage of two iegroes upon the peroon of ' white lady. on Sunday. to rid the city entirely of them. On Monday night a crowd made a rush for the steamer Carrie to clean 6ut the negroce, but fortunately they were non esl. The wildest pre. vailed when the Lady Grace left there. She arrived here yesterday, and reports that the negroes are seared almost out of their wits. They are coming away on hoats and taking to- the woods. We hope niothing serious willocceir. - "Later.-We learn that, the military authorities.were attempting .to put a stop to the proceedings of the o b. Seve, ral negroes have been killed or hung, and an order has been issued compelling all the negroes to .leave the town. 'and all porsons who have them in their em. iroy are ordered to discharge and drive them from their premises." 'Ii.Wise SouthernAdvicas. reel iioni.wae the leading paper in the Gull fStates, outside-of New Orleans, and wmu probably the tuost', influential,, of all, Its then, editor, Hon. JoBN .FOnSYTH, has rewurned'to iis.. post, andis tn writi'ng with his acetbtomed vigor of re dgaiir.tion on no thGoverninent basis, In a late editorial ho say's: 'Ctn r~ipect to tlfy erhanalpation oath, we gve 'th counslal to our reaagsi'apor whcbo have a ourulve.Whet~I er the act of eman~ lation has been 'e gaily atid constitutii. lly completeil ot not, slavery .is dt'ae as Julius- Ossr No haimp ppoA paa remurredt g and we cau~dly -adit that if that' powei da~ted in otir single hand, we would not undet preens Wrmangnese, exert It And We oan:~t this nmuch,. withjiu 'eba "ng& a gle one, ot'ent lif.J9 optiIn n the, l~i~ oe of thoa totion k'o the~r t~t~~of w~1 Ibor for mtanlu afge, an 4th .u opiniop. .' c to ejtod and semi-e~ii th4.i aood easi~bto accept fact#, and ihe death of Amrnican slavery 'at the Sort'h,is one of tose unoballeunablq. facts we accept wtotamoment shesitation. Theideed is done ; let. us make, the best ofit, at5 shape our course upon it as a term fait acoompli. Now, the deed being virtual ly done and beyond recall, let it be con stitutionally done, and let every South. er State in Convention at once andorse the decree which the will of God;-the edge of the sword and the voice of the nations of the earth seem to have united in promulgating." The News. We gather the following items from our latest mails Tux Mississippi CoNVaNTION.-Tho Convpntion convened in Jackson on the 14th at!12 o'clock. Gov. Sharkey ex amined into the loyalty and qualifications of fthe members, and administered the amnesty oath to such as had not taken it before. The Convention organized by electing J. C. Suger, of Washington county, president, and J. S. Powers,- Hind coun ty, secretary. The rest of thb day was spent in arranging the preliminaries of important business which is to be brought beforo the Convention. The Richmond Re)ublic of to'-day, received here to-night. states that the justices of the county court of Henrico determined yesterday that a person who .had been ni officer in the Confederate army was incapable of qualifying as Commonwealth's Attornoy in that county. The Court took occasion to announce, also, that it, made decisions on its own constructign of the Constitution and without reference received from execu tive officers of the State. It is stated that President Johnson has giv.en the military 'commanders in Texas injunctions t9.continue the obser vance otu strict neutrality in th contost on the Mexicm side of the Rio Grande between the republicans and the im perialist3. An extensive fire ocenrred at Galves tiot, Texas, on the '2 inst., involving heavy loss. It was doubtless the design of thu paities to burn the town. The trinsactions ot villains in Galveston were never before cialed. Tup SoN Ew A i.- A special despatch from New Orleans, dated Angist 12th, siys thaL the . Conffederato privateer teivall ',wa stili in the. p6ro Of Ha vana. SHerschel V. Johnson, of Georgia, thp condidato for Vico-President with Douglas in 1860, hns boen pardoned 'by the intercession of- Mis. Donglas.. Mosby. the pattizan ranger, has been arrested it Washington. - A x luisur. :Fax~riN sI,-I.coJ.3iy Sviax Ya.rus PrX r: Siulvi u04-",A. main named Muriiy was tri in Ire. lind 4n the 17th ultimo for being con nected withi the Fenian movement, was convicted and sentenced to seven years' penal servitutde.. Afurphy;'s crim'?wjn tampering with soldiers and trying to in (Ice them to desert and en list in the A nierican service, Chief Justico M'ona. ghan. addressing tb prisoners, reonarked; "Your crime is one of the next, in thn view of our lit to, treasong and one oj the gravest yoi conid be guilty of." The Cork Examiner, an -Irish paper; commenting upon the trial, gets off the following : '"There li a J hiom s2 to bU'aad~n the trial which has just. been concluded at Mullingar, anid a report of which may bq found m nnhey *lubm. !t ja ohie ir rulen bf the old, 'old btory-eecnspi:1scy In.. Ireland, wand,- then: betrayal. TIhe fiery advocate of, rebellion getsinto a trap, the oath ho ism ready tojdminister is taken, and then -informiation. is'-given to the polieu. ,Thqn come.-the trial and the sentence Wdse4en fears' penal servi. tude. 'Andt this is the end. we forese for F'enimtam. Troul, u!1peil, .tfeach cry and viotimusataontfor ihosewho are sincere. The Am eri~eM Ar iof *tido, lauaen, the I i4eens miser for McCO~ 9 u4-mnisfprtme J . Dtaber~~p ersbally Theyere ' eweV~A Son thuat th ee'se I$Atn~an petx W-N From the, variguo aooAte of thi quantity-of cLtqai in ditfrent parts of t le country, We Mako the following ex tracts: The Herald's correspondent who has lately been through Northern Alabama, states that that regilu. is almost one continues field of cotton. The planters have given their attention to tie busi. ness again this year almost as much as in anti-rebellion, and the 'growing crop looks very fine. The negroes are work. ing for their former masters for wages,' and the new labor system appears to progress very well. COTTON IN 'rVXAS. From a recent letter from a proil nent and well informed hduse in Galves ton. Texas, we are .permitted to take the annexed facts. The writers estimate the stoqk of cotton now-on hand in Tex. as at 70,000 bales exclusive of that bor. dering on Red River aqd tributary to New Orleans. Their figures are a's fol lows: Stock September 1st 1-0l, 75, 000 bales; three years crop 222,000, to tat 300,000. Exports direct 30,000; through Mexico 100,000 ; hoqie con sumption 20,000 ; damaged 50,000 ; to tal 230,000. Of the growing crops they say, about three-fourths* of an aver age has been planted, which would give 180,000 to 200,000 baies. Th total, therefore, we can expect from Tnaw, both of the old and new crops, is 270,000 bales. This is exclusive of what reaches thi market by way of Red River. All accounts state that there is quite a large quantity of the old crop still along the line of that stream. Of the new crop growing in the Red River country, we have heard nothing as yet. - G)ROIA COTTON AND HICE CROPS. Late advines from Georgia state that the cottot crop this year will be ecceed. ingly light-not more thin one six tecuh of of the average yield. - Uiless the labor systeni becomes more settled, is is ibared that next year's crop will be even smaller. The rice yield on the Altamaha will seiiroly "eedl orie-thirtieth of the usual yearly crop, the unreliibility of labor having proved ruinous to that delicate product. A MOBILE orxo OF SuPPix OF COT ToN. The Mobile Tribime says the atnount of cotton in the STnth is greatly over. estimated in the North. Comparative. ly little cotton lis been grown the last two yearp. Enough for seed and fami. ly consiniption covers the vhole of it. Of the large crop raised prior to the war, very little remains. When the amount. destroyed by fire, deterioated by t.imo and exposure. consumed in domnestio manufactures and rnn through the block. ade, is considered, an estimate of one million bies for 1866 - will more than cover-all that will fnd a market. A CAsV Pon CoNSIDERATIo.-Hei ry A. Middleton, Esq., of South Caroli. na. owned about ixty acres of land in Newport. ot Bellevue Avenue, near the Ocean .H11ouse, extending blast as far austhe lond of Delancy Kane, Esq. Mr. Middleton was a secessionist-af origi. nal Calhoun -ecessionist-aWl when the tobelhion broke. out he entered into it wit h his whole sou), tWo of his sons ens triiig the rebel army. Au -a preen tionary measure to prevent its 6oniscs.. tlon.'he ttansferrod his prorty-in cthis 'city, veated at near *800,000, toanoth. .or iand remained South during -the war, 'oflrng his fortunies with those of the re. bl.hion. He lost-heavily at the South, and since .the collapwe of 'the ebellion Shas retutned Nor th, resnamed gouneeuion of isa propierty, Mand is a1e0, Me under. stand, making arranlgenitens to diso of It,.' Wear, credibly inforiedthet Mr. Middleton is still ia rebel'itchisviewy. 'he insista upon lit that the -Setathbig'not conquered, and make it is boas~~hat 4hey'*ill halve slvE'ybkab yt.d its 'ode of the tnlyhteries ot-the&te war th~at Mr. Niiddleton's rproperty has .scdged uOonfisati1n. -Two voktIlree yeavrpkO .Mhena Senator Trnip'-lrsJteten feferred in .a publie ' oh ter, and-axid it 496o aate~t Qmal jost in l a. *~tns Oou-a r~e elve4 eagr 'r etgfutb garoling rfl.rot( AXAD, $...., July 20, 1865. 6#erA"iQr r. No. 9. istnueed,..'for the iuformation and'goe tuftrent of this comumand, that BENJAMtIN F. PhBeY, of SOuth Caro. Dlins, has been appointed, by the Presi dent, Provisional Governor of tlo Stato Df South Carolina, Wih amtldritv nnd instructions, "at the earliest. practicable period, to -prescribe such rules, and'regu' ations as may be necessary and proper for con'vening a Convention, composed orde'legates to be chosen by thnt portion of the people of said State who are loy. al to the United States, and no others, for thm purpose of altering or amending the Constitution thereof; and with.au thority to exercise, within the limits of' said 6kates, all tie powers necessaty anit proper to enable- such loyal people of tb State of South Carolina to restore said State to its constitutional relations'to the Federal Government, and to. present such a Republican form of State Gevern. ment as will entitle the Stateto the guar-. ant'o of the United States therefor, and its people to protection by the Upited States against invasion, insurrection and domestic violence ; provided, that in any election that may hereafter be held' for choosing delegates toany State Conven tion as aforesaid, no person shall be qualified as an elector, or shall be eligi ble es a membur of such Convention, unless he shall have previously taken and subasribed the oatA , of anmesty, as set forth in the rreslident's proclamation of May 29, A. D. 1865, and is p voter qualified as prescribed by the Constitu. tion aud.!aws of.tho State 9fSouth Carg lina in force immediately before 4he aer enteerth (17th) day of November, A.. D. 1360, the date of the so-called Qrdi nanoe of Secession ; and the said 0,9n vention, when convened, or tho . Logie. lature. that may be Lhereafter assembled will prescribe the qttiliflcation of eleg, tors, and the eligibility of persons.. hold ofil.e under the Constitution alyd laws of the Sta.e. a power the people (f the sevoral States composing the jderal Union have rightfully exercised froa.tlie% origin ofithe Goverrnment to the present thne." .t is, therefore, ordered, that all 0o1 cers and other persons in the United States military service, within the State, of South Carolin. aid and assist Gpvern or Perry in.carrying into effect the fore going instructions, and they are enjoined W abstain frors, in any way, hinderihg, iuunpeding or discouiraging ihe - 1oyal peo pie of the State from the. 'orgamgaatioti af a State Government, as heroi. -pboye authorized und diretee'd. .. All or4ers and 'iustructiou, now f operation' throughont this Depar'tmjopt, whether eiannting from these headqtar ters, or from.Headqlarters .Departmett of the routh, thjat are not incopsistent, with the foregoinig,, distinctly speciAed provisions of this oriltr, will.coinue in force As heretof9re,, throughout the.te of South: Carolina. _ Every needful facility lor .k'ing t te annosty oath wil be afforde y yhe military aut.iboritie, .Ok for niah retfore suppliqd for that.purpos Hereafter ProvostMurshQi and m mistat Provost Mnrshal )L . s.te the Quly miilitary 9 Vflpers entitIefiq Ad ini~ter thueamnesity qath, a certied copy of which ilinm.al.l casse be fure ashed to t~he9 iT iyidoal taking, it Tf original oaths Will he' transmitted, pi monthly, byt Io$eri adeinistrmg) same, to t1he ovps) Marshral i agi these %eadqarfers, by whom..II~ will be reoor4it ini a book ko)ht or ilurpuose, andi then forwardcd to i rttry of State. . -Persons otppl' , for. hlxeu -ye~ woe yi s easr petition a Aerti~ goy o4 the 5:enesty (J &t. Uah)te h President, irm io M9vinl Goyernor atGeyhe, South Carohnag. ,Ooiai aora, A 4io Suit ! rANNI&-W. ?iavo n dt by several of our contem athe Legislature of VirgIi.i d the coat-of-armbo oViraimia renoval of the words "Ri ffbn gjrannia," which are said to be ren dered obnoxious by Booth's repetitiona of them. This is a. rnidake,e anadaose Partly, we suppose .frou, the fact *hat the National<Bzohange Banik antdala tienai Bank .of Virgina,- whis tMd thsur Bet neW #6tetwpind, dugte objectiosabj -M.es4m-,the pigrymOt through~aoolo 11ut.a a nnte?. ae-. Masi'r~ 4aeigkbah4.ress . h a.