Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, February 11, 1863, Image 1
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VOLUME 9 YORKVILLE, SOUTH CAROLINA, WEDNESDAY EVENING, FEBRUARY 11, 1868. NUMBER *
? ? ?.?_________ -*ii ' *
MDSBORO'. NORTH CAROLINA. [
January 23d, 1863.
GENERAL ORDERS, NO. 5.
I Commanders of Brigades will give
to the officers detailed for recruiting service, (one
from each Company,) special Instructions to arrest and forward
to their Companies all enlisted men absent without
competent authority.
II. A full pardon, except as to forfeiture of pay for the
period of uuautliorized absence, is hereby proclaimed to all ;
enlisted men, absent without leave, who may voluntarily re- ,
return to their respective commands on or before the 10th |
day of February next. j
lir. All enlisted men who do not voluntarily return with- ,
in the time specified, end all who shall after this date absent j
themselves from their commands without proper authority,
will be charged with desertion and tried by the new Military
Court now in session. If found guilty, they will be sentenced
to death, whether present or absent, and commanders
will be ordered to execute the sentence wherever the
condemned can be arrested. I
IV. In Companies alt lhe enlisted men of which are present
for duty, except those absent under legal orders or upou
regular sick leave, Division, District and Department Coin- j
mamlcrs ore authorized to grant furloughs, at the rate of one '
for every twenty-five men present for duty In each compa- ;
ny, and foueriods which, deducting the time necessary for
travel, win permit the parties to remain at home fourteen
days. Whenever they are authorised by .tho facts to append (
a certificate, which will be required In every instance, that j
no enlisted man of the Company is absent without compe- .
tent authority, Company and Regimenal Commanders will ,
forward, through the regular chauucls, at the rate.and.upon
the conditions above specified, recommendations of the
men most meritorious and deserving of furlough.
V. AH enlisted men who overstay their regular sick furloughs,
or those granted as above, will be immediately arrested
on their ream, an examination made into the circumstances
of each case, and the facts reported to the 1
Brigade Commander, who will cither punish the delinquent, I
cause charges to be preferred, or return liim to duty unpunished,
as the circumstances of the case may iu his judgment i
require. i
VI." Major A. F. Cone, Chief Quartermaster, will cause
these orders to be adver.ised once a week, for three weeks, (
in every newspaperpuoiisncu iu m.imrvuuu.nuuiuc ^
papers published in Columbia, Anderson, Greenville and
Yorkville, South Carolina.
Bv Command of Maj. Gen. G. W. Smitli.
w .. SAM. W.VM ELTON,
Major and A. A. Gen.
February 4. 3t
Commissioner's Sale.
IN EQUITY?YOBK.
P. A. Thomasson, at at.)
vs. > 3UI for Partition of Lands.
Jane Jackson, ctal. J
IN obedience to the order of the Court
of Equity in above case, I will expose to public sale, at
YORK COURT HOUSE, on the first MONDAY in '
MARCH next, a portion of the REAL ESTATE of DAVID 1
JACKSON, late of York District, deceased, consisting of
512 ACRES
of land, situate in York District, and lying on the waters of
ALLISON CREEK, bounded by lands of tbe estate of A.
G. "Lawrence, J. J. WUson, Satu'l Hempliill and others?
: Said lands have been recently surveyed, and will be offered '
in three low?Plat C, contains ONE HUNDRED AND
TWENTY-FOUR ACRES, Plat D, TWO HUNDRED ,
AND THIRTY-THREE ACRES, and Plat E, ONE HUN- ,
DRF.D AND FIFTY-FIVE ACRES.
Said lands are in a high state of CULTIVATION, are
well adapted to the culture of COTTON and GRAIN, and
the attention of purchasers is earnestly directed to thesaue.
Tbe above lands will be sold on a credit of ONE and
TWO YEARS, in equal annual instalments, with Interest
from day of sale. Purchasers will be required to give bond
and two good sureties and pay In CASH the costs of these
proceedings, and for all necessary papers,
x Mo) WALTER B. METTS, C. E. Y. D.
-> January 7 I " 8t
Commissioner's Sale.
IN EQUITY?YORK.
Joseph J." Watson, ) BUI io foreclose Mortgage i
vs. S i
Caroline Culp, et aL) on Land, i o, <
**r -i i? j o;_n t??
Iix ODeaience 10 ineoruer ut vurei </us- ;
ttec JOHN BELTON' O'NEALL, I wUl ?po?e to
public sale at York Court House on the FIRST MONDAY <
in-MARCH next, the ttpct of land described in tlie pleadings
In nltove cxse**it?ajein York District, on the east side
of Catawba River, and eontainUR-146
ACHES,
more or less?sold to foreclose a Mortgage in favor of the j
Complainant, Joseph J. Watson.
Said land will be sold on a credit of SIX MONTHS, except
so ranch as will pay the costs of these proceedings,
which will be requited in CASH. Purchaser will be required
to give bond and good personal surety, to secure tbe
purchase money.
Possession given on the first of January next($8
25) WALTER B. METTS, c. e. v. d.
February 4 5 4t
Mary J. Smith, Applicant,)
vs. > For Partition of Real Estate. '
M. A. Wallace Smith. )
BY virtue of an Order from John A.
Brown, Ordinary of York District, I wlU offer at public
sale at York Court House, on the FIRST MONDAY in
MARCH next, the tract of land described in tin.- summons,
in this case, lying on tbe waters of Pishing (.'reck, bounded
by lands of John W. Jones, Samuel Smith, Alexander
Strain and others, containing
S3 ACRES,
more or less. Sold to make partition among the heirs-at
law of JAMES A. SMITH, deceased.
Toun.or Sale?12 month's credit, with interest from
day of sale ; purchaser to give note and approved sureties,
and a mortgage of the p.ciniscs if deemed necessary, to the
O.Jinary?Costs to be paid in CASH.
($5) JAMES MASON, 8. v. d.
February 4 - 5 4t
RECRUITING SERVICE.
BY authority of the 4-djutant and
InspectorGenera) of tbe Confederate States, partially
suspending the operations' of tbe Conscript law, so as to
permit ail Conscripts to volunteer in the companies of their
own selection, without passing through Camps of Instruction,
and also allowing BOUNTY and all other benefits pro- I
vided by law for VOLUNTEERS. 1 will beat Yorkyille i
on MONDAY and TUESDAY, and at McConnellsvilie on
FRIDAY' of each week, until the first?' March next. All
within the Conscript ages, 18 and 45 j ears, ore earnestly
urged to come forward in order that tlte threatened iuvasion
of the State tuny be repelled, and obtain tbe important ben
efit of joining any company and Regiment they may choose,
obtain Bounty and avoid being assigned amongst strangers. .
All persons belonging to Gen. G. W. Smith's Command
absent without, or beyond leave, are required to report at
once to the undersigned?those who report promptly will be J
pardoned, except as to the forfeiture of pay. Those who
do not report before tbe 10th of February instant, will be
arrested and iinDrisoucd until tltev can be forwarded,under
guard, to their Companies.
JAMES M. WILLIAMS,
Recruiting Sergeant, Co. K, 17th Regiment S. C. V. 1
February 4 5 4t J
RECRUITS WANTED ! '
18TH REGIMENT S. C. V.
TTUDER Orders from General G. W.
SMITH, the undersigned has been iletailed for the
purpose of gathering CONSCRIPTS and VOLUNTEERS
for Company G, 18tn Regiment S. C. V., without requiring
them to pass tluough the regular Camps of instruction. By
authority of the Secretary of War, persons within Conscript
ages are allowed to join any particular command
within this army, and will receive all the benefits secured
by law to volunteers, but these recruits are not allowed to
form neie companies or regiments.
For further particulars apply to
Sergt J. F. JAMIESON,
Bullock's Creek, S. C.
{fe?- Application can also be made iq
1 Cdpt."J".' VJf.' BEAMGUARD.
February 4 ' i " ' ' ' 4t*
EECRUITINQ SERVICE.
rVENERAL COOPER having gifep.
VJT permission tq all liable tq Conscription, tqyftlpiReflt
13 any Company in octiye service, proyh|e4 tliey dp so before
they are enrolled as Conscripts. I haye been ordered
here to receive Volunteers for Capt. AVERV'S Company,
or any other Company in the ITth Regiment S. C. V- Volunteers
will be entitled to BOUNTY and to ai! the lie no fits
secured to Volunteers by law. I will be in Yorkvilie everv
MONDAY, and at Bl+irsville THURSDAYAll
memuers 9f Capt. AVERY'S Company absent wltii
out, or on expired leave, are ordered to report to their companies
at once, for duty?tliose who fail to report by the JOth
of February will be tried for desertion, and ir convicted will
be shot wherever found. W'. H. MITCHELL,
Recruiting Officer, Co. f, lTRi Regijpept, 3. PPehniary
4 5 ?T_
RECRUITING SERVICE.
GENERAL COOPER having given
permission to all liaWu to Conscription, to Volunteer
in any Company in active service, provided tliey do so before
tlioy-are enrolled as Couscrlpls. I have been ordered
here to receive Volunteers for Capt. MILL'S Company, or
any otlier Company in the 17th Regiment F. C. V. Volunteers
will be entitled to BOUNTY and all the benefits secured
to Volunteers by law. i will be in Yorkvilie every
MONDAY, and at Clay Hill every SATURDAY.
All members of Capt. MILL'S Company absent without,
pr on expired leaye, are ordered to report to their Companies
r.t cnee,for duty -those who fail to report j>y the 10th of
February,'will be tried for desertion, if convicted will be
shot Wherever found. S. YV. YVALLACE,
Recruiting Officer, Co. E, 17tli Reg. S. C. V.
February 4 5 3t*
IfOjLSE AiVjp JLOT FOR SALE.
f . TI{B undersigned offers for sale, or in exAI3?W
change for NEGRO PROPERTY, his very
IflitflL. valuable HOUSE AND LOT, situated on
ill a ISSl Cbdgrcss Street, in Yorkville, S. 0. Tile
IUUH HOUSE contains six rooms, vltii a ?fem.
i ,11.it i place in each.
The OUTBUILDINGS, consisting of Servant's Houses,
Pools KRchens, ?fcat-House, Lumbcr-Hogse, Cap|age
Hotjse and Corn Crib, are nearly uew, having but recently
been creeiod.
The lot is supplied with a well of EXCELLENT
WATER, and contains everything necessary for convenience
and comfort?ft'iking the property the mast desirable
in Yorkville.
For Terms, He., apply *o THOMAS DAVIES,
Yorkville, S. C.
C&- Tnc Carolinian will please copy two weeks, Daily,
and send account to this office.
Pccejpber 24 52 . , if
~ (SJJFrAR CASE SEED WaJJTEDT
ftr| BUSHELS Sugar Cane Seed
AA\J Wanted, for waich the highest cash price will be
given. Apply to G. R. RATCHFORD.
5Jangary 29 * 3t*
IX THE COURT OF ORDINARY.
YOKK DISTRICT. - .
For Division or Sale of real Estate of John R. U. Wailis,
deceased.
lames Wallls, Applicant, ? *. James A. Wnlliii, Thomas S.
Wall Is, Harvey II. Wallls, William M. Wailis, Joseph
F. Wailis. Samuel W. Wallls. Rebecca Campbell, Wife
of Samuel L. Campbell and Martha A. Wailis, heirs
of John R. H. Wailis, deceased.
IT appearing to my satisfaction that
James A. Wailis, Thomas S. Wallls, Harvey II. Wailis
and William M. Wailis, defendants hi the above stated
case, reside without the limits of this State; It is, therefore,
Ordered, that they do appear and object to the division
or sale of the real estate of John R. II. Wallls, dercas;
ed, on or before the twenty-third day of February. 1863, or
their consent to the same will be entered of record.
JOHN A. BROWN, O. Y. D.
November 18, 1862. 47 3m.
R ANA WAY.?FROM"THE SUBscribcr
on the 3d Instant, my negro man JEFF. He
is of a dark copper color, Ave feet 8 or 10 Inches high, and
about 140 pounds, -40 years old, has a down cast look,
speaks rather slowly when spoken to, and had on when he
left, a blue Yankee coat. 1 bought him from Col. W. H.
McCorkle, of Yorkville, where he had gone for some clothing?when
last heard from, he had taken the cars at that
place and was going In the direction of Chester. He has
L?- ? HfiTEr. SERVANT far several years past,
and will, no doubt, endeavor to act jn tliat capacity as a
free boy. Any information concerning him, or If lie Is
lodged in jail, will be thankfully received, and liberally
rewarded. E. H. EDWARDS,
Rock Hill, S. C.
January 2S 4 6t
"VTOTICE.?BY VIRTUE OF AN
i.1 order from JOHN A. BROWN, Ordinary of York
District, we will offer for sale to the highest bidder, atHie
late residence of FRANKLIN H. HARRIS, deceased,- on
MONDAY, the SIXTEENTH DAY of FEBRUARY next,
x portion of the personal estate of the said deceased, conilsting
of SIX LIKELY NEGROES, Corn, Fodder, Oats,
Horses, Mules, Cattle, Hogs, Bacon, Lard, Eighteen bales
nf Cotton, a complete sett of Carpenter and Cabinet Tools,
Carriage and Harness, and many other articles too tedious to
mention.
Terms made known on day of sale.
MARTHA N. HARRIS, \Jliministratrix.
ALFRED STILWELL, } Mmirmtrator. \
February 4 5 2t
OFFICE A. QT M.,
CHARLESTON, S. C., October 1st, 18G2.
"jl/TR. J. C. MILLER is appointed
J.tJL Agent of this De|>artinent, for the purchase of
FODDER and CORN for the Districts of York and Chester.
Planters desiring to sell will communicate with Mm,
through the POST OFFICE, auYorkville, S. Carolina.?
Particular attention must be paid to the PACKING. No
WATER must be used, as great loss to the Government was
experienced Inst year, by Fodder being improperly packed,
all such will be rejected.
MOTTfl A. PRINGLE, Capt. and A. Q. M.
October 15 ' _ 4-2 _ tf
S20 REWARD;
RANAWAY from the subscriber on
the 27th of Deooruher last, his negro hoy RANDALHe
Is 17 years old, 5 feet 4 or 5 inohes lilgh, of n copper
?*??? irvr*? hair Tlu? nlmt-n mcunnl will be naltl
tumiPAiuii) nuu imh^ tium a ........ r??
for his delivery to me, or his lodgment In any Jail so that I
can get liim. He may ottempt to pass for a free boy, and
refuse to tell the name of his owner or where he lives.
J. B. WALLACE,
YorkviUe, S. C.
January 28 4 tf
(ft?-Charlotte Bulletin will copy once a week for three
weeks and send bill to this Office.
YORK MARBLE YARDi
RICHARD HARE, respectfully informs the citizens of
York and Chester Districts, and the adjoining counties of
North Carolina, that he is fUIly prepared to supply every article
In the MARBLE LIKE, of the bfghest style of finish
and at reasonable prices.
He keeps constantly on hand, a large supply of FOREIGN
and DOMESTIC MARBLE, and specimens of his work
may be always seen at the Yard, nearly opposite the "ENQUIRER"
PRINTING OFFICE, and a few door* North
sf "Stowe's" Hotel,
(ft?-All work will he delivered at nolnt on the King's
Mountain Railroad. FREE of cliaree.
He Is also prepared to fumlsh to order, IRON RAILING
>f any desired pattern, for Fences, Balconies, 4cc.
January 10 2 Ip 1
YOBXVTLLE FEMALE COLLEGE, j
#THE Exercises of this Institution will be
resumed on MONDAY, the 2d day of FEBRUARY
ucxt.
Terms as heretofore, except the contingent
charge, which, for die next session, Is ?1 50.
For particulars, address J. R. 8CHORB,
YorkviJIc, 8. 0.
January 28 j 4t?
~~ DR. ALFRED CRAVEN
ftsibtnt j&urgMtt ftntist,
YOJlJSYIkLE, S- C.
ftje On the East side of Maiu Street, South of the "Palmetto
Hotel.
January 6 1 tf
FOR SALE.
JQQ fts COPPERAS. .
100 lbs BLUE STONE500
BUNCHES YARN.
Call soon at W. D. &. J. C. MILLER'S.
October 22 43 tf
COMMISSIONER'S NOllCL
/^UJARDIANS, Trustees and ComVA
mlttces, must make their ANNUAL RETURNS to
this OFFICE on or before the FIRST DAY of APRIL
next. Rules will be issued, without exception, in every
case where default Is made. WALTER B. >JETTS,
Commissioncrtii Equity.
January 21 * 3 lm
CARRIAGE SHOP.
rytffi?THE Subscriber still continues the
jSEggSSL CARRIAGE and BUGGY BUSINESS
V\y M the old STAND. All kinds of coun
try pmili?cc"tiikep In exchange for work.
ALSO, HORSE J^HOfaiN J and central country WORK
lone by W. P. MoFADDEN.
January 23 4 tf
TV"OTICE.-WEllAVE 20 BUSHX
x ELS of Corn for gratuitous distribution among the
DESTITUTE FAMILIES OF SOLDIERS. Also, one
jushel of SALT, by the QUART. Applv to J. C. MILLER,
at die Store of W. D. &. J. C. MILLER.
December 24 52 tf
WRITING PAPE?.
TUST received, a lpfc pf WRITING
tf PAPER, consisting of Letter, ruled and unruled i
Commercial Note, ruled and unruled; Cnp, ruled; Folio
Post, 4c.c., Sec., all of which is otfered ns "low as can lie
imught in the up-couutry. "ENQUIRER" OFFICE.
Oufober 211 -(4 ft
A DMINISTRATOR'S NOTICE,?
i A All persons indebted to die estate of Dr. WM- J.
GOOD, deceased, are requested to make payment to the
subscriber immediately; those having claims against die
estate, win present mempropcriy micsum, ? mini uic umc
proscribed by law. GEO. STEELE, Jidminiitralor.
February 4 5 3t
A DMINISYllATORrS NOTICE^
XI. All persons having claims against the estate of J.
A. CLINTON are hereby notified to present the same to
the undersigned, properly attested; and those indebted,
must make immediate payment, as the estate musi pe
wound uji. JAMES MASON, MnlnUtrdtor.
February 4 5 it
"administrator's notice.?
JLJL All persons having claims against the estate of WM.
M. "RHEA, arc hereby notified to present1 the same ti> the
undersigned, properly attested. Add those indebted to sold
Estate, are required to make immediate payment. ' '
JAMES'4IA80N, '4( [ntirl?trntot.
February 4 ' ^ ' 71 3t''
A DMINISTRATOR'S NQTIC&x\
A" persons indebted tn the estate qf JA^tfis It.
CLINTON', deceased, are requested to make payment Id
tile subscriber immediately; those having claims' against
tlie estate, will present them properly attested, within the
time prescribed by law.
JAMES MASON, Mmimstrator^February
4 5 3t
-YfRS. Mcdonald?will open
JLy.L tliis week, at her STORE IN CHESTER," a" tew
nieces pf very fine ALPACA, at'$8 4? Id Ai'S0 per yard.
BLACK CRAPE, at Ad OQ per yard: CRAPE COLLARS,
at $3 00, and BLACK DONNETTS, ijaO?to which siiu
invites Uic lutention of the Ladies of Yorkville.
February 4 5 3t
xtote lost?in the town of
J-1 Yorkville, on Friday last, a NOTE of hand, made
payable to J. C. PATRICK, fornbout SIXTY-FIVE DOLLARS,
given by the Subscriber. Said note lias been PAID
and oil persons are notified not to trade for it.
RICHARD HARE.
February 4 5 fjt
m a t t aw w a "mnvi?ri k TnTTTT
AiUiW II . u V) J.V)
| or 20 ponnds of TALLOW for family use. Inquire
at the "ENQUIRER" OFFICE.
December 2 49 tf
RAGS! RAGS!! RAGS! !! KAAA
LBS Rags "Wanted at the
JvUU PRINTING OFFICE immediately, fur which
3 cents per pound Will be'paid. :
' September JO ? 37 p"
F~ 0R~TAX-C0LpCT0R^T H E
friends of GEORGE W. COBB, Esq., rcsnnctfuliy announce
lilin qs a 'CatiinUqte for TA^-COLi>ptwI OR ibf
Yorlf District, qt the neit election.'
Noyepilier 8, 1650, 45 tf
T70R TAX-COLLECTOR.?THE
X?. friends of Mr. PETERSON JACKSON respectfully nnnouuee
hiiu as n Candidate for TAX-COLLECTOR of
York District, at the nest election.
N ovemher 22, J SCO. 47 ly?
F~ OR TAX COLLECTOR?WE
are authorised tQ announce SMITH SANDrsilS as'a
Candidate for the office of TAX COLLECTOR of York
District, at the ensuing election.
'' November 19 47 to
A SUPPLY OF GOOD LETTER
Envelopes for sale at the "ENQUIRER OFFICE.'
November 20 '49 tf
< ~?, '.r^. ^ u" * *,
Be-Enrolling Men who have Legally
furnished Substitutes, Declared to
be Illegal and without Authority.
In the Confederate Court, South Carolina
District, in the Matter of Leopold Cohn.
| Magrath, Judge.
Leopold Cohn became subject to military
service under the Conscription Act of the
Confederate Congress, approved 14th April,
1862.
The 9th section of that Act provided,
that persons not liable for duty may be received
as substitutes for those who are, under
such regulations as may be prescribed
by the Secretary of War. ^
. The Secretary of War, by an order
through the Adjutant and Inspector General's
office, dated 26th April, 1862, established
the regulations which would apply to
substitutes. By a compliance with these
regulations, the person procuring the substitute,
was to be discharged, when that
substitute is accepted and enrolled.
The Conscription Act, approved 16th A
pril, 1862, called into service, white men,
residents of the Confederate States, between
the ages of 18 and 85 years; at the time
the call or calls may be made; who are not
legally exempted from military service.
By the amended Conscription Act, approved
27th September, 1862, the President
is authorized to call out aqd place in
the military service of the Confederate
States, for three years unless the war should
have sooner ended, all white men who are
residents of the Confederate States, between
the ages of 85 and 45 years, at the time
the call or (calls may he made ; and who'1
are not at such time or times, legally exempted
from military service. Such calls
to be made under the provisions and according
to the terms of the Act, to which the
Act of the 27th September, 1862, is an amendmcnt.
Leopold Cohn, liable to service underthe
Act of the 16th April, 1862, complied with
the regulations of the War Department, .issued
by order of the Secretary of War:
furnished a substitute, who was aocepted,
enrolled and mustered in for three years,
* * " * * .1:. ..3 _ J
unless tne war snail nave Depn sooner cnaea.
A discharge was therefore given |to the said
Leopold Cohn. .3.
The substitute so accepted was not subject
to the call or calls which might be made
under the ^ot of the l(Hh April, 1862. *-*
But if not already in the military service of
the Con. States, he would be subjectto the
call or calls to be made under the Aot of the
27th September, 1862. It is claimed by
the enrolling officors under General orders
No. 64, dated "8th September, that
in consequence of the substitute's being
within the olass of persons upon whom the
call or calls under the Act of the 27th September,
1862, is to" be made, he no longer
answers the requirements of 9 ya|ifi substitute
; that the discharge heretofore given to
Leopold Cohn is invalid; and that he is
now subject to military service under the
Act of the 16th April, 1862.
Congress has that large power, oonye^sfj
in the grant to it, tp raise armies and provide
rules for the government of the land
and naval forces, by which it can deal with
the question at issue, in such manner as it
shall deem best for the public welfare.?
Whatever may be the effect of thq order of
the Secretary of War, cancelling the discharge
of Leopold Cohp, there is no doubt
of the power of Congress to do so. Had
Congress passed a special Act concerning
substitutes, it was competent for that body
to repeal it, or to annul or qualify the discharges
which had bgen obtgingd pndgr itThe
permission by Congress in such oases,
giveu to individuals to substitute others for
the performance of the military service required
of them, cannot -be considered a
contract between the Government, which it
may at any time modify or extinguish.?
And the like po^yey is, in my opinion, yested
in the President of the Confederate
States. As cominander-in-chief of the
army, unless restrained by the action of
Congress, he may, upon oonsicjerfltioH of
public necessity, pa|l upou those to perform
military service, who have been declared
liable to this duty, but have been excused
from or indulged in its exercise.
But that which distinguishes this case, is
tnat uongress nas delegated. to an officer or
the Government, the Secretary of War, the
power to prescribe the rp2Bl?t;,opB umpir
which substitutes may be received. The
j regulations have been prescribed, the substitutes
have been received under them, and 1
the question in the case is, whether yhp
Sepretqry of Way hgs the papa? controlling
po^er over th<3 ma^tey as belongs tq Coq- ,
grpss oy could be cxerpised hi the President.
The question appears to be thus presented,
because it cannot be maintained tbat
any Act of Congress has been passed, destroying
the privilege which has been secured
by those who have had substitutes accepted
for them. Jfor Ig thprp qny order of the
President, by him dirpctly made, qalling.in-'
to military servioe those who have been |
thus exempted. Nor is the order of the
Secretary of War cancelling discbarges
heretofore granted, to be referred any other
source for its authority than the 8th section
of the Act approved 16th April, 1862. The
Secretary of War having apte<^ in the matter
undet the direct authority of this Act,
will be presumed to have continued the
exercise of his power under the same source.
I do not consider the Act approved 27th
! September, 1862, as requiring or support!
ing the order of the Secretary of ^af,
! which avoids a djsphargp properly obtained,
I because a substitute, whpq accepted, not
| liable to military service, may subsequently
j beoowe bo by the provision of another Act.
: If the Act of 27th September, 1862, was
j intended to invalidate the discharges which
had been lawfully obtained by compliance
i with the regulations prescribed by the Sec!
retary of War, it is jp^Qhftblo to suppose
; that its language would in some manner
! have oonveyed that purpose. But when it
j expects from its operations those who are
I legally exempted from military service, be
i who exhibits a discharge, granted tft him fey
X . " -
competent authority; which exempts him
from military service, is fairly to be considered
as one of thai; class who are excepted
from the operation of the Act. And il
Congress, by a new Act, called into service
those who were not liable under the former
Act, it conld operate only on those who had
not yet undertaken to render military service.
If one had been already enrolled
and mustered in for three years, unless the
war shall have sooner ended, is not to be
supposed that he would be discharged for
the purpose of being again enrolled and
mastered in for the same term. There is
no doubt that one, although not embraced
in the terms of-the: Act approved the 16th
1 ri io/?o 'vt : u i __i
oi April, loos, nevwri<uait?? aouiu uj voluntary
engageraent, impose upon himself
the same obligations of military service as
if be were called oqt under that Act. If
by a subsequent Act he-beaome incladed in
its provisions; both Acts contemplating the
same service, he would not be considered among
those who were called forth by that
subsequent Act. He bad, by his own engagement,
consented to be considered as
one who had been legally called. He had
been accepted, and in that was recognized
as one who had been properly called. To
say that lie was subject to a call for military
service, while he was in tbeaotual discharge
of that servioe to which he had been presumptively
already oalled, would seem to
involve the question of actual and prospective
liability in a great deal of confusion.
The Act of tbe 27 th September, 1862,
cannot be considered as sustaining tbe construction,
tbat fc substitute within tbe ages
which it makes subject to the oall of millfour
ooroiAo Ja 'h<r ita nnflnlinrl nrevAnlAif
vu a J uv/I f ivw. ?vm v^v?MW*VMJ |/? w vmvvw
from continuing to be, as he was wben accepted,
a legal substitute under tbo Act of
the 16th April, 1862. If the Aot of Congress
then does not require that construction
which' is set forth in General Orders
No. 64, dated 8th September, 1862, in
these words, s"a substitute becoming liable
to conscription renders his principal also liable
unless exempt on qtfcer grounds )" and
if no special order of the Prerident has been
issued to the same effect, it only remains
to enquire whether, under the 9th seotidU
of the Act approv.ed- 16th April, 1862,
the Secretary of War was qqtbqri$ed to
declare, by the General Orders No, 64,
that for the causes there stated the liability
of tbe principal for military should be-renewed.
That the power given to the Secretary of
War to make regulations for tbe admission
of substitutes, would authorise him to modify
these regulations according to his conviodons
of expediency, will not be disputed.
Rut that such a power can be exercised
so us affect one who, having complied wjth
established regulations, has thcycupan been
discharged, may well be doubted. Retrospective
legislation, having retro active operation,
is a recognized, but a very high
power of Government. When exercised, it
is always upon the ground of some manifest
putjlic polipj. ^fcat Qqqgress intended to
admit, in certain cases, the privilege of substitution,
is clear. That it could take away
that privilege by a respective legislation,
is equally clear. That its delegation
to the Secretary of War of the power to
make regulations concerning substitutes,
would authorize that of^cer, if ha had oonsid
eved it neoessary, to lcsertm tne aiscnarge,
the condition that if by subsequent legislation,
the case of the proposed substitute
was embraced, the substitution would be
avoided, and the di^arae ip.fiper&tive, is
alsq plear. gut that"witbaqt the insertion
or expression of any auoh oonditlon, Congress
intended to confer the same high" power
of legislation which it possessed, so that
the Secretary of War could avoid a discharge,
which he had granted upon his acceptance
of a sub?t;tut?, qannot'be maintyioecj.
The orders of the Secretary of War,
tporeover, have expressly deolqred the oaapa
in yvhjcU the e^epiptiop ceases. expression
of these tWQ> the ease qjqst have
been from abundant caution. If not expressed,
the same oonsequenoe would have
resulted upon the discovery of either. But
the expression of these is significant on the
fact that it was then considered, except in
such cases, the discharge, it fairly obtained,
was conclusive-so.far 05 U?3 Seoreiary'o'f
Yjf'uv was concerned!
Considering that the Act approved 27th
September, 1862 does not support the construction
in General Orders ifo. ty|, qo,ucerpjng
fhp liability of principals whq have
finished substitutes; and that no order of
the president, as Ootpffl&nder in-Obief has
heen issued touching this matter; and that
the power given to the Secretary of War to
make regulations concerning substitutes,
does not authorize him, after he has graqted
a discharge, in a where neither
fraud npy. mistake is alleged, to impose a
new condition one who has beeb by his order
disohargcd from military service; and
by the enforcement of thatconditon impose
upon him the performance of that military
service from which the order of that officer
has exempted him; I am of opinion that the
de tention of Leopold Cohn by the enrolling
officer is illegal, !?koftrdcj ^ill therefore
"&e entered for his aisoharge.
I?- We learn, says the Richmond Enqut'rer,
that on Saturday, Secretary Benjamin
notified the British and Frenoh Consuls
in that city that he fcadjsoajved official
infprm^tjftp qflhe opening of the Blockade
off Obarlectnn. We are also informed that
a steamer was promptly dospatohed to Nassau,
from Charleston, conveying the s&me
announcement to the British authorities.
M. Mathieu (de la Drome) has addressed
a letter to the journals, in vfhi^,
after alluding to thg ifteapo now aofced on in
?fog}and for prognosticating storms some
hours, and even a day before hand, he declares
that he will, whenever it may be
wished, furnish to France and to all the
countries of Europe, the tpeqpg of foreseeing
all qtrpaspheric phenomena not one day,
but half a century in advance 1
A Hero on Crutches,
Some weeks ago the Richmond corres1
pondeot of this paper, alluding to Bishop
; Elliott's proposition for a monument to the
i unknown dead, said "the topio of unknown
1 heroes was frequently introduced in conver1
sation, and mentioned a number of these
heroes, among them a cavalry man from
Texas, who unable to walk a step, carries a
i pair of crutohes on horseback, and with
them has oontinued to perform all the arduous
duties required of him." Our cor,
respondent, we dare say, little dreamed that
i this unknown dragoon would prove to be
not only the most heroic of all the heroes
of the war, but a poet of high order besides.
The following letter addressed to
fVia Mnktln /vti/7 imw rati/3 a
i like a romance, yet bears upon its face the
' evidence of troth. We copy it as a just
tribute to a gallant soldier, and as of far
more interest than any number of extracts
from Yankee papers. .
1 This soldier is Lamar Fontaine, a private
in the "Campbell dangers," 2d Regiment
' Virginia Cavalry., He is the eldest son of
the Rev. Edward. Fontaine, an Episcopal
Minister, residing near Jaokson, Miss., who
commanded the Bart Rifles, of the 18th
Regiment Mississippi Volunteers,, in the
first battle of Manassas", and who is honor*
ably mentioned in General Beauregard's
report of it. He was born in Washington
county, Texas, in 1841, while his parents
resided there; and was named after bis father's
intimate friend, Gen. Mirabeau Lamar.
Previous to the present revolution, Lamar
Fontaine lived in his native State^ was educated
in Austin, and at the Military Academy
in Bastrop, and learned, practically,
the most essential duties of a soldier, as a
Texas Ranger and banter on the frontiers
of Western Texas, where he was unsur-.
passed as a dexterous rider and skillful
marksman.
As soon as the war commenced ho came
to Mississippi and enlisted as a private in
the first company organized for the defence
of the State, the Mississippi Rifles, of Jackson,
commanded by Capt. Robt. Smith, the
heroic Col. Smith, who fell at Mumfordsville,
Kentucky. \Jnderthis excellent officer
he Served at Pensacola as an infantry
soldier, and then as an artillerist until he
was transferred to his .father's company in
the army of the Potomac. At the battle of
Manassas he was severely wounded by a
, cannon shot, which passed under his feet,
bruising one of cq badly that he was
Unfitted for further duty as an infantry soldier.
Finding that he was unwilling to be
discharged, his father procured him a transfer
to Capt. Alexander's Company, (J,) 3d
Regiment Virginia Cavalry. Under Genesis
Jackson and Dwell, be distinguished
himself in the battles of Front Royal, Cross
Keys, and all the actions of the Valley.?
Near Winchester, in company with a young
gentleman from Campbell coqnty, Virginia,
(private Jqbg b? performed a feat
Without a parallel in the annals of war, and
which is mentioned with the highest commendation
in General Swell's official report.
These two young men, unassisted and alone,
charged a piece of artillery planted on the
Winchester Turnpike, manned by eight of
the enemy, killed aqd winded two of their
pqmbgr, drove the rest from the gun, and
brought it off in triumph to their commander.
Near Strasburg a shell exploded against
his horse's head, blowing it to afoms
and breaking Lamar'$. thigh, While his
go$rqd?3 PWJMg him from the field,
another shell wounded him severely in the
hip. Soon after his wonnds were dressed,
while lying under a tree, a minnieball penetrated
the back of his neck, passed d(W&
near his spine and lqdg^d wWve the surgeons
bSYfi not been able to find it. Since
then his right leg and side have remained
paralyzed. He recovered sufficiently to obtain
leave of absence frotp tbft hospital in
Cb|rlqtt?s^iilp fo.a several weeks,-which he
spent with his company in performing military
duty, with his orntches tied to his saddie.
In this condition he fonght seven battles?Hazel
River Bridge, Warrenton
Springs, the Rappahannook or Waterloo
Bridge, the battles of the 29th, 30th and
31st at Manassas, and the battle of German
town.
Whlie tho enemy were shelling Warrenton
Springs, General Robt. H. Anderson
wished to asoertain what division of the
army occupied th? noytb hank of the Rap9#HmQ8fci
apposite his position. Ho volqqteered
tq bring hid) the necessary information,
swam the Rappahannock, surprised
three of the enemy's armed pickets, and
brought them across the river to the genera],
who gave the orntohed hero a oertifioate
complimenting his skill and gallantry. At
the fettle of tf agel river a minnie 0 ball j
broke oqo of his orutohes, and one of the
enemy's horses withont a rider ran against
him and broke the other. In the second
day's fight at Manassas be had & horse killed
ander him, and another the day after at
the battle of Germantown. While pursuing
the enemy's cavalry, a pistol Bhot penetrated
his hat, grazed his tempjo, and knocked him
foig hqwe. Since he has been pronoqpqed
incompetent to perform military
dnty on aocount of his wonnds, and while
acting as a volunteer on hospital furlongh,
ho has captured Biz prisoners without any
assistance, aod killed many of the enemy.
In different battles he has had sis horses
killed under him, and I have no doabt has
killed more of the enemy than any other
soldier in our army.
If skill, courage and hazardous and use-1
ful service ou the battle field deserve promotion,
he has nobly earned it. Jqs( before
the resignation of the Hon. G. W.
Randolph^ he was recommended for promotion
by Gen. Swell; but so far his merits
have been overlooked, and an "unknown
hero," capable of drilling and leading an
army to victory, is a mutilated private,
ivhiln Annrnfl nf <<nrr?qs road" nnlikiniana. nn
scathed hj ball or sabre, sad strangers to
the roar of battle, are commanding companies
and regiments.
It will gratify the friends oftwr ?un\
known heroes" to learn that Lamar Fontaine
is the author of the beautifal lines
which hav e recently been published in all
our papers, -commencing "All quiet along
the Potomac to-night."
The Prospect?Peace or War.
To ihelSditor of the Mercury: In your
editorial this morning you catch up the
warble of peace which has come to us from
Biohmo.ud; and point us to the bow in the
breaking olouds of the West. Tfao President,
in his Tecenfc speech in Richmond,
also bade us turn to the glimmering lights
in the Northwest, which announced the
approaching close of the war. I fear me
ftiaf. win .will fin/1 flip anno, nf nnftA hn( f.llP
aong ofthe syren, and the President's glimleering
lights delusive, ?nd deceitful.
Let us dismiss from consideration all
schemes of reconstruction, re-union an? reorganization,
and address ourselves to facts.
Peace, when it comes, mast rest upon
something. What is there at this time for
it to rest upon? What common ground is
there now. upon whioh the North and Sooth
can meet for the settlement of the pending
dispute? Is it the uti ponedetuf Can
we yield up to Northern, dominion Maryland,
Keatucky, Tennessee, Missouri'/?
also, Fortress Monroe, Tortugas, Key West
and Pensaeola ? Suppose that Pulaski and
Forts St. Phillip and Jackson were returned
to us, their geographical position.relieving
them from the fair application of the
ult poMedetis, in the settlement, yet under
it, the other places would be retained, and
can we give them up ? The North has her
hold upon the mighty fortresses which control
our commerce along the Atlantic and
Gulf ooasts, nor will she willingly withdraw
her grasp from them.' In the settlement at
this time, what have we to give for them ?
It may be asked, what will we ever have
to give. X answer, gunpowder and Saxon
steel and iron. Yonr road to these forts
and to peaoe lies through victoriousi battles
on land and water. Sariguine credulity
and worn-out routine may hug delusions
for a little while longer, but the fires of this
revolution will yet melt official sealing wax
and burn np red tape. Viotories on land
and viotories on water will give yon peace,
and these alone.
The second hope of a speedy peace rests
on the collapse and exhaustion of the finances
of the North. No strife like this has
e?@r stopped from sudh a cause. The track
of revolution is over eumbered with the
wrecks of public and private credit, but it
is none the less continuous and broad because
of them, The people of the. North
animated and instigated this war. And as
long as they support it, they will furnish
copious resources to carry it on. The peo.
pie of the South, with inferior available resources,
can maintain the war for a century.
If an end ever QQUtes to this war from exhaustion,
it will be from the exhaustion of
men, and not money. Eaoh party to the
oonflioc is, in material, almost self-snstaining.
The third and chief prop to the edifice of
a speedy settlement 1? tne recent ohange in
the opinions of large portions of the people
of the Northwest and Middle States. In
other words, it is the pending ascendanoy
of the Democratic party. They wish peace,
hot upon what terms? Reconstruction.?
Will they agree to it upon any other terms?
Point, if you oao, to the resolution or the
utteranoe of a meeting or a man offering a
settlement on any other basis. They all
tell yon that God himself has married the
Northern and Southern extremities of the
rirAQf VoUflVT r\Q fl?a Woct on/) fViof. no!
? V.MV V YM fMV II WV) HUV* VUMV UWIVUVft
revolution aor peace shall melt or dissolve
the bands. Nor will the Northwest move
an inch without the Middle States, For
weal or woe, they arg united together.?
New Jiqgl&nfl they will oonsent to drop,
bqt nothing else. And even this yon can.
not accomplish now.
The Democratic party took issna with the
Republicans, not upon the war, or their
conduot'of the war, but npon their want of
sacoess. Since their triumph; feeling that
the responsibilities,of the war would soon
devolve upon them., they have been shaping
their policy for re-union. Hence
their anathemas against Bqtler; their denunciations
against emancipation, &o. They
wish to say to us: "We have been against
war with you ; we have wished peace and
| ye-qnion. Guaranties you Shall have."?
Refuse re-unlon, and they become your
! deadliest enemies. They will then make
open war for empire and dominion, and the
pencil of Tbuoidydes has already sketohed
its progress for us. X fear the working of
the Democratic party. I fear that it will
demoralise many of oar friends in the Border
States.
No; let not the people 6f the South hug
the delusions of dawning peace to their
bosoms. Fire and blood are yet to be their
sacrament.of admission into the family of
nations. They must aooept these, too,
? j? 1-- -:?1-J J;?J ? rrk?
uuuur uuounut|Jmou u?o?m*?uw??oo. j. ua
captured despatches from the Secretary of
State, the other day, will take from as the
vessels now building for as ia England.?
They will clog the negotiation of the Cotton
Bonds, and will make Lonis Napoleon
wary, if not irritable.
Larger armies than have yet been in the
field will have to be sammoned there before
we get peaoe. They must, also be fed.?
i The song of peaoe may yet lead oar armies
to starvation. Let this be avoided.
Peace caa be got now only through re|
anion with the Free States. I have dream;
ed of our Confederacy a3 a mighty Slaveholding
Republio, sublime in its simplicity,
great in its proportions, grind in its nnity
and outline; stretching its fame and beneficence
from sea to sea, and continent to
continent, while with eqaal zeal it threw
its loving arms aronnd its humblest end its ?
proudest citizen, and saved him from foreign
aggression, or avenged a . foreign
wrong. Bat if we are to have a composite
Government, chequered and heterogeneous,
then peaoe to the soldier dead, whose graves
mark every fnrloog of the road between the
Bio Grande and the Potomac-~hoBor to
the noble women and clergy, who breathed
life into our holy straggle, and, to the fatare?dust
and ashes. CAROLiffiljg?
.? !? ?? ? " .? 'Sfz-jfig- fe.. Th
Gen. Joseph WheeleflBBB^ *
The Augusta (Ga.) CoTutiiutionaUti h*J
the following interesting notice of General
Joseph Wheeler of Bragg-a army, about whom
we have heard so muoh of late:
The exploits of this dashing young par- /'
tisan leader in the late campaign around *
Murfreesboro' hare electrified' the whole
country with a thrill of pleasure and admiration.
As the "boy General" is a native
of this city, where his father, Joseph
Wheeler, Esq., now resides?the laurels
he is winning are peculiarly gratifying toajgfc 9
citizens. As his name is on every tongue throughout
the Gonfederaoy, in connection
with his splendid achievements, a pan
grapn ia reierence n ou uisroiy may oe in>.i
teresting to oar readers,. ,:fle waa born in^-*6
Aognsta, Gai, in Sept. 18, 1888, and was,
therefore, 26 years old last September. He
entered the'Military Academy "at West
Point in Jane, 1853, and graduated in .
Jane, 1858, when he received a commiesion
as Lieutenant of cavalry, and October
following, was stationed at the m Hilary port
at Carlysle, Peon. He remained there until
September, I860, when, fall of the spirit
.of adventure which his recent exploits
are illustrating, he grew, tired of inglorious
case, and obtained a transfer to tfee far
West, where the proximity of the hostile
Indians and bands of "border outlaws promised
some exercise of bis taste for active service.
He was assigned to doty at Fort
Fillmore, on the Rio Grande, in the Southern
part of New Mexioo, where remained
until he received the news of the secession
sion, and returned home to tender hisservicesto
his native State. He reached Ma- - ^
con at the time the 1st Georgia. Regimentvi$f&
was organizing, and after saying a day with
his brother?the lamented Wm. H. Wheels
er, who hold a commission in that command?and
paying a harried visit to hi?
father in this city, he went to Montgomery,
where be received a commission in the Provisional
army, and repaired to Pensacola.?
Here he had no command, hatha military >
taste and education rendered him of signal
servioo to Gen. Bragg in perfecting the
defences of that post, and his skill and gal
lantry won rapidly upon the favor or the
General. He had been at the Navy Yard ~
several months, on special doty, when on*
day Gen. Bragg sent a message for him to
repair to his headquarters immediately.?
Obeying the order, the General^reeted hint
in the usual meaner, and retires to aooih-4
erroora. Fall of'anxiety as to the object
tor whioh he had been summoned to headquarters,
he grafted with, impatience General's
return. In a few moments he **r~'
re entered the apartment with a paper in
his hand, which he appeared to conceal
from view.
"How would youlike a position on Gen.
L. P. Walker's staff?" said, the General.
"I should be pleased to accept it," responded
the modest Lieutenant.
"Howwould you like the command a regiment
?" continued Gen. Bragg.
"Nothing would delight me more" was the
response.
"Then you shall be gratified," pad'Gen.
Bragg,handed him a commission, duly
signed, from the Secretary of War, as Gelonelofthe
19th Alabaraaregimentj with 5^
orders to report at lluntsyille. General
Bragg expressed a wish that he should remain
a day or two at Warrington, aad wit- ness
a general review. He replied that the .
order just banded him required his presence
in Buutsville, and he should leave the next,
day.
Of his career as Colonel, our information
is very meagre. We only know that he;
continued to eDjoy the confidence *
friendship of the commanding general to
such a degree, that General Bragg soon solicited
his promotion, to the rank of Brigadier
General. We have already published
an account of Gen. Bragg's application in
Colonel Wheelers' behalf, in which bis extreme
youth was urged an objection to tho
appointmentj and of General Bragg's reply,
that his Adjutant General was entitled to
promotion, which being asseoted to, hie
said: "I then constitute Colonel Wheoier
my Adjutant General"?whereupon ?Gen
?i ^ j .J 1
erst h commission won leuuureu mi uuivq?>
Wheeler. He has speedily and signally
proved the correctness of General Bragg's
high estimate of his military qualities,-and
is already rivalling Morgan, and Forreat,
and Stuart, whose exploits have made them
famouaiu the history of the war.
Gen; Wheeler is a small man?scarcely
five feet and a half in height?polite and
placid in manners, and nervous sanguine
temperament. As a companion be is genial
and popular, though eminently practical
in his sentiments and discreet in his habits.
He was popularly known among his
classmates, we are told, as "the Itytle corporal,"
as he is now known in the army m
the "little Brigadier"?an allusion to his
age as well as his juvenile appearance. He
is an enthusiast iu his fondness for military
adventure, aod in bis devotion to the eaosa
of Southern independence. It is proverbial
among his military associates that ha
is never satified unless there is a fight on
hand?that he loves the elash of sabres and
roar of battle. Angosta is proud of him?
and the whole country looks to hhn as
one of the military spirits born for s revolution.
Federals Arriving.?We learn from
Captain Young, oar Provoal Marshal, that
two hundred and eighty prisoners, principally
Indianians, arrived in this city to day
from Vioksburg. The accommodations ia
that oily are all used np, we learn, which
is the occasion of this influx upon us.
A rumor prevails that the greater part of
a Federal regiment seised the captured ferry
boat, as she was laying at the Louisiana
shore with steam up, yesterday afternoon,
and crossed to our linear and delivered themselves
up Jackton Appeal, 30 th.
- - ?'