The Charleston daily news. (Charleston, S.C.) 1865-1873, June 20, 1867, Image 1

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VOLUME IV.NO. 534. CHARLESTON, S. C., TUESDAY MORNING, M>Y 7, 1867. PRICE FIVE CENTS. TELEGRAPHIC. Ou Cable Dispatches. LONDON, Jone 19.-? public breakfast has been tendered Wu. LLOYD GABISON by the Committee of which Duke ARGYLE ia Chairman. JOHN BRIGHT wdT preside. In the Vice-Chancellor's Court in the demurrer in the ease of the United States us. WAGNER, a de ' cisi?n waa rendered for the plaintiff; , D CHUN, June 19.-The funeral of the victims of the riot ww attended by 5000 persone all wearing - green emblems. LONDON, June 19-Noon.-Consola 94?. Bonds 73. LrvKEPooL, June 19-Noon.-Cotton firm; Up? lands 111d.; Orleans ll,d. Corn 37a. 9d. Others unchanged. "7 LONDON, Jone 19-2 P. M.-Bonds declined ?. LIVERPOOL, Juno 19-2 P. M.-Cotton, bread stuffs and produce unchanged. Beef advanced 2s. Sd. Pork declined la. ; quoted at 74. LONDON, June 19-Evening.-Consols 9ig. Bonds Mt LTVXRPOOL, June 19-Evening.-Cotton closed easier in tone, but prices remain unchanged; Slid? ing Uplands Hld.; Orleans ll jd. ; sales 8000 bales. Washington tvs. WASHINGTON, Jone 19.-ISAAC NEWTON, the com? missioner of Agricul turo ia hopelessly sick. The Cabinet is in session to-day. making the third consecutive day. Tho Internal Revenue receipts to-day, amount ti*54?,000. . J udge FISHSK . desired,, that the prosecution < need not furnish a list' of witnesses to the d?? fonce, and against the right of retaining witnesses for cross-examination at any time daring the crgumeL-t. The prosecutiori h?ve seventy "Wit nesses.. ??P?. H. BLYNE watchman at the Vermont Central Depot, top tined that two men, one of whom 'hilt a handkerchief -marked J. H. SURBATT, slept ?on benches on the 17th of April. CABOIIL HABUBT, conductor oa the Vermont Central Railroad, testified that he' carried some one Who looked tike ute prisoner toward Canada. The counsel agreed to admit railroad tune tables as evidence. - JNO. T. TETPLITT heard a conversa? tion between Mrs. SUBBATT and the prisoner. He hoard Mrs. S. Bay she would give any one $1000 to kill the. President. He thought ho heard the prisoner, when there was a Union victory, curso ihe"Union army. Tho defence objected, bot the prosecution* wanted to (jhow malice, and the evi? dence was admitted. Farther evidence, intended to confirm tho impression of 8CBBATT'S presence here"on the night of the assassination, was heard, but nothing striking was ...developed. The Court then adjourned. There was a cabinet session to-day, lasting from 10 to tt o'clock, when the PresTdont, STANTON and 8TANB||t?^hAd a prok)nged interview, v . Hegistr?Opn In Virginia. ' PETEBSBTJBG, Vi., Jun? 19.-In two wards of thia, city, up to 'this evening, ?Mfr Whites and 1448 ne? groes have been registered, There is muon apathy among the whites pu .the. subject of Regis? tration. '.'?<? BICHMOND, June 19.-In tho registration in the eily to-day the blacks went 97 ahead of the whites. In the pounty 59 whites and 2 blacks registered. Two citizens have boen summoned before the United States Commission oh&rged with register? ing though they were disfranchised. WU ??'?l ??NtiMi**"??' . " \8U", ' I "* NEW ORLEANS , Jun e 19.-A paper published at Guadaloupe concludes an article on Europe as fbl Jows: "Haretolbr? she threatened;u% Hot? she im? plores nsf before ehe rooked open 'as- with con? tempt, nowshe is on her-knees be/ore oe-" l^he heads of aUTTimiAN add his generals tief impe? riously demanded by the Mexican nation. The Mexiaanr|aTawaaj%afmr^ themselves that no Eiit^l^avpoirer will h^esuftavahe able to ooerco them either into paying debts or in any other way. So far tfie^say, ra?jtfc$n$ra"bout the United States. Kxw^Smc, Mf?e 19.-Tba^prsss says, it has private, bn$-4jhoro*j^ advices, that the JUAREZ m|on|{M0flrely repulsed at Tam? pico. The jttfer?c^||tUe cry was " SANTA ANNA, WASBTJOTOJ^^ii^l9^T?b? Department of State has infcri??Wfccthat, the Court Martial . in the case of MaxTarnJJAN, has been suspended for the present. : . . ' . Prom the FarWwt. - OMAHA, June 19.-The Superintendent of the Union Pacific Railroad says that the werk must bo abandoned unless there is protection from the Indiana. " : ??'i**??? !.. M.*.-f.?:, . -, . . " ; " Dsmeitte Markets. ?. i | NEW YOKE. Jone 19-storks dull. .Money 6. Geld 88g. Sterling, time. ID; sight, 10k 1862 registered bonds 1074al07J. Connans ll?WlOi. Flo ar 10a20c. lower. Wheat' doll and declining. Corn ? shade better. Pork firmer. Mess, 13085. Lard dull, lLjal2ic. Whiskey quiet. Cotton quiet; Middling Uplands, 27c. Freights dulL ; EVENTS3 DISPATCH, iii al Cotton unchanged : a ?Jes 2100 balee. Flour dall; State, $7SOa?0 80; Southern, $9 40al5 00. Corn quiet ; mixed Western, $1 07al 10: Southern white, ?I ii. Pork firm, $2170. Lard dull. Whiskey ^pnet. Groceries quiet and steady. Naval Stares quiet : lYrrpentme, 60*63}; resin, ?8?k&.007 xx6i?o ts teifls ?rtfl. ' ? x* * Stocks active. Gold 581. 1862 registered bonds ?07O?074. ' Coupons 110|. ' Virginia 6V 67*70. Tennessee 6'e, new issue, 69. Tl ftp HEp Jonei 09^Ceaton- quiet. 26a26f Flour dtm arru .arotrping* only ^ retail demand. Corn more steady; White SI 07al 08; Yellow tfX 10; Westen Mixed $1. Sogar quiet and unchanged; importe, 4000 hhds. during : the past week. Pro - vision, stoci fight, the market maintained; but in? active. Lard ana Mess Pork doll and heavy. Whiskey 80aS5. NEW QBXKANB, June 19.-Salea 1QC0 hales, and Btiffer at 24J. Becei pis, 912; exports ; 864. ? Sugar, Lonisiana seconds, ll: prime lSJall; Cuba norn-' bera lOJalli. Coba Molasses held at 47?a50. Flour' a little steadier, but too irregul?r for ac?ntate ?notations. Corn doll; Yellow and Mixed 80*85;* . White 95c.a|l. Oats drooping; sales at TS. ..Pork dull, nominally $2Sa23 25. Lard, in tierces, 12j; kegs, ISL- Bacon Shoulders retailing at 101: Bibs Ul, Cloar UL Gold 37?a38. .Sterling 48^2J; York sight ?a? premium. '"?'?,) CTN CTN KATI, June 19.-Floor dull and unchanged; Fam?y $Ual2; Fancy $13al4- Wheat firmer. Corn dull and nominal; 76c asked for No. 1. Whiskey unchanged. Pork dull at $21. Bacon in moderate demand; Shoulders 9c; Clear Sides 12*3. Lard dull at 12a . [ P MOBILE, June 19.-Sales 65 bales: market closed firm; Middlings 24c.; receipts 62 balea; AvposTA, June 19.-Cotton.quiot; sales 83 bales ; Strict Middling 24*24*. . ? . SAVANNAH, June 19.-Cotton steady, in fair de? mand; Bales 310 bales ; stock offering very light ; receipts 46 bales. -.. ? . ST. LOOTS, with a present population of 200,000, and the prospect of reaching five tunes that number by the dose of the present century, says the Boston Traveller, aspires to be the capital of the United States. Bot she may find herself distanced in the race by some unknown (at present) ht tie place, hnndreds of miles further west-for example, Junc? tion City, Omaha City, or some other almost un? heard of village on the great Western plains. It takte away one's breath to read how the States are pushing out their population westward, and how all kinds of improvements are working their way aer?se the great plains toward our Pacific em? pire. - Think of ? railroad being laid on that route at the rate of almost two miles a day for thirty days in succession, or fifty miles of road in thirty "days 1 There is a story told of a race between thees Pacific railroad track layers and an emigra? ting party in teams, io which the track layers beat, at the ead of some days' triaL DEATH OF AN ABM Y OFFICES.-Colonel Theodore O'Hara, of Kentucky, died recently in Alabama, where he had become a farmer. Me was known throughout the country both as a soldier and a man of letters. He was formerly an officer of the United States army, and distinguished him? self in the Mexican war. Subsequently ho was associated with Genural Lopez in his invasion ol Cuba, and was also connected with General Walker in his Nicaragua expedition. During the late war he served m the Confederate army. He was present at the battle of Shiloh, when General Albert Sydney Johnston fell mortally wounded, and held him in his arms until he breathed his last. The "Burial of our Dead," from which the sub? joined lines are frequently quoted, was written by Colonel O'Hara: "On Fame's eternal camping ground Their silent tenta are spread. And memory guarda with solemn round The bivouac of the dead." From a privet? letter received by a gentleman in this village we learn that there have been twelve deaths from yellow fever on board of a steamer at HiSqia Head. The steamer came from Havana. It is to be hoped that the Government will take precautionary step to prevent this dreadful plague being introduced into any of oar seaport towns.-Marion atar... TUB ATTORNEY-GENERAL'S OPINION ON THE RECONSTRUCTION ACT. ATTOBHSY-OXKEBAI,'S OFFICE, Jone 13,1867. The President : SIB-On the Sith ultimo I had the honor t > trana mit for your consideration my opinion upon some of the questions arising under the Reconstruction Acts therein referred to. I now proceed to give my opinion on the remaining questions upon which the military command? ers require instructions. }\ First, as to tho powers and duties of those commanders. BAThe original Act recites in its preamble that "no legal State governments or adequate - protection for Ule or propert. exist" in those ten States, and that "it is neces? sary that peace and good order should be enfoiced" in those States "until loyal and Republican State govern? ments can he legally established," The first and second sect!ons divide mese States into five military districts, subject to the military authority of the United States as thereinafter prescribed, and make it the duty of the President to assign from the officers of the army, a general officer to the command of each dis? trict, and to furnish him with a military force to perform bis duties and enforce his authority within his district The third section declares "That it shall be th u duty of each officer assigned as aforesaid to protect all persons in their rights of person and property, to suppress insur? rection, disorder and violence, and to punish, or cause to be punished, all disturbers of the public peace and crimi? nals, and to this end. he may allow local civil tribunals to take jurisdiction of and try offenders, or, when in his I judgment it may be necessary for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose ; and all interference under color of State authority with the exercise ol military au thority under this Act shall be null and void. The fourth section provides. " That all persons put un? der military arrest by virtue of this Act, shall be tried without unnecessary delay, and no cruel or unusual pun? ishment shaD be inflicted; and no sentence of any miU? tary commission or tribunal hereby authorized, affecting the life ar liberty of any person, shall be executed un bl it is approved by the officer in command of thc district, and the laws and regulations for the government of the army shall not be affected by this Act, except in so far as they conflict with its provisions: Provided, Inst no sen? tence of death under the provisions of this Act shall be carried into effort witttont the approval of the Presi? dent s rn T? y /Ti The fifth section declares tbs .qualification of-voters in all elections, aa well to frame the new Constitution for each State as in the elections to be bald under the provi? sional government, until the new State Constitution is ratified by Congress, and elsi Axes the qualifications of the del?gate^ to frame,the new Constitution, The sixth section provides That until the people Of said rebel States shall be by law admitted to repr?senta? tion in the Congress of the United States, any civil gov? ernments which may exist therein shall be deemed pro? visional only, and in aU respecta subject to the para? mount authority of the United States at any time to abol? ish, modify, control or supersede the same ; and in all elections to any office, under such provisional govern? ments,- alt peVsops shall, be entitled to vote, and none others, who .ar J entitled to.'vote under the provisions of the fifth Beetloo of this Act ; and no person shall be eligi? ble to any office under any such provisional governments Who would be disqualified from holding office under the provisions of the third article of said constitutional amendment" . ... The duties devolved upon the commanding general by the Supplementary Act relate altogether to the registra? tion of vQtera and the election a to be held under the pro? visions of that Act And aa to these duties, they are plainly e*?^!expressed in the Act, and it is not under? stood ttm a J -eteestiott not here to lose considered in the opinion referred to, has arisen, or ls likely to arise in re? spect to them. My attention, therefore, ia directed to me powers ard duties of the military commander under .the original Ac?. We see cl early enough that this Act contemplates two distinct governments m each of these t n States-the one military, the other civil. Tba civil government ia recognized as existing at the date of the Act The mili? tary government is created by the Act Both ar* provi? sional, and both are to continue until the new State Con stiration ls framed and tho State ls admitted to repre? sen tatfajsrln Qongret v. Wh en that- event takes place, both these jlrowhuojjal. governments are to cease. In' contemplation of this Act, this ni iii tar y authority and this civil authority are to be carried on together. The people in these Sates are made subject to both, ?nd must obey both, In their respective jurisdictions. . There is, then, an imperative necessity to define, as clearly as possible, the Uno which separates the two Ju? risdictions, und the exact scope of the authority of eaon. Now as to the crvU authority, recognised by the Act as the provisional civil government, lt covered.every de-, partaient of civil jurisdiction tn each of those States. It had aB the characteristics and powers of a State Govern? ment, legislative. Judi cal and executive, and was in the IUU and lawful exercise of aB these powers, except only that lt was not entitled to representation as a State of the Union. This existing government is not set aside; it ls recognised store than once bj the Act It la not In any one of Its departments, or, aa to any one of its functions, repealed or modi Oed by this Act, eave only to the quali? fications of voters, the qualifications of persons eligi?le to office, the manner of holding elections, and th? mode OJ- framing the Constitution of the Sfate. The Act does - not, In any other respect, change the provisional govern? ment, nor does the Apt authorize the military authority to change iL The power qf further changing it ls re? served, not granted, and it is reserved to Congress, not delegated to the military commander. Congress was not satisfied with the organic law or Con? stitution under which this civil government was estab? lished. Tt at Constitution was to be changed in only ono particular to make lt acceptable to Congress, snd teat was la the matter of th? elective franchute. The pur? pose, the sole object of this Act, is to effect that change, and io effect it by tba;agency of the people of the suvtu, or such ol .them ea are made voters; by means of elec? tions provided for in the Act, and in t&e meantime to reserve order and punish offenders, if found necessary, y military commissions. ej ' ? " ' - j i ; We^1*?refcre, not?t a los*jpj kmarwhajjpo were rere possessed by the existing dv? authority. The only question ls upon the powers conferred on the military . authority. Whatever power is not given to the military I TS ra al ns with the poll government Wo see, first pi all, that each of these Stales is "made subject to the military authority of the United States" I not to the military authority altogether, bat with this express limitation, "aa hereinafter prescribed." we must, then, examine what is thereinafter provided, to And the extent and nature of the power granted. This, theo, ls' waac as granted to the military com? mander : The power or duty "to protect aU persons ta their rights of person and property, to suppress Insur? rection, disorder and violen co, and to punish, or?ense to be punished, efl disturbers of the public peace and crimi? nals, and ho may do this by the agency of the criminal courts of the State, or if necessary, }ie may have resort to military tribunals. This compr?tes all the powers given to the military commander. Here is a general danae making it the duty of .the military cominan dor to give protection to ali persona in their rigbts of person and property. Considered ' by itself, and without reference to the context and to other provisions of tits Act, it is liable, from its generality, to I}? iiiliTjjid0rstooci. - What sort of protection is here meant ? ? What violar tiona of the rights of persons or of property are here intended f In what manner ie thia protection to be given T These questions arise st ance. It appears tba . some of the military commanders nave understood this grant of power as all-comprehensivo, conferring on them the power to remove the executive and judxsal officers of the State, and to appoint other officer* in their places, to suspend th? legislative power of the State, to taxe under tiierr control, by officers ap? pointed by themselves, the collection snd dlsbursemeut of the revenues of the State, to prohibit the xecution of the laws of the ?ute bx the agency of its appointed o ul? cera q^eer'atV" "^g""?'?<"*lng1'r'-'?'in matters affecting purely civil and private rights, to suspend or enjoin the execution of the Judgments a d decrees of the established State Courts, to interfere in the ordinary ad ministration of Justice in the. Stat* Courts, hy. prescribing no v quahflcationi for Jurors, and to change, upon the groase of expediency, the existing relations ot the par? ties to contracts, giving protection to one party by viola? ting tho rights of the other party. I feel confident that these snUitiry officers. In all they have dobs,; have, roppc*?ad that they had full warrant for their action. -Their education -and training have not bean pf the kind to flt them for the delicate and difficult taek of giving construction to such a statute aa that now under consideration. They require instruction, and nearly aU of them have asked for instruction, to solve their own doubts, and to furnish to them a safe ground for the performance of their duties. There can be no doubt aa to the rule of construction according to which we must interpret this grant of pow? er. It ii a grant of paver to military authority over civil rights and dozens, in time of'peace. ' It is u new Juris? diction, never granted before, by which, in pertain par? ticulars and for certain purposes, toe established princi? pie that the military shall be subordinate to the civil au? thority, ls refereed, The role of construction to bo ap? plied to such a grant Ci po wi r ls thus stated in 'Ihoarris on Statute*, page 662; "A statute creating a new jurisdic? tion ought to be oonstrosd strictly.'' a ul fl od by this rule, and in tho light of other ralea pl construction faxbillar to every lawyer, especially of those which teach aa that, In giving construction to single dames, we most look to the context and to the Whole law, mat general clauses are to bo controlled by particu? lar clauses, and that such construction ls to be put on a special olauae aa to mai o lt harmonize with* the other ; parts of the. statute, ab as to avoid repugnancy, I proceed to the con atnie tion of this part of the Act, To consider, then, in the first place, the terms of the grant. It ia of a power to protect all persons in their rig .ts of person and property. It ls not a power to create new rights, bot only to protect those which exist and aro established by th? laws under which these peo? ple Uve. It is a power to preserve, not to abrogate ; to sustain the n-Hottng frame of social order and civil rul?, and not a power to introduce military nile in its place. In effect, it ls a police power, and the protection, here In? tended,' 1- protection of persons and property against violence, u ala wini force, and criminal infraction. It is given to meet the contingency recited in the preamble, of a want of f 'adequate protection for lifo and property;" and the necessity also recited, "that peace and good order should be enforced." This construction is made more apparent when we look at the immediate context, and see in what mode, and by what agency, this protection is to be secured. This duty, or power of protection is to be performed by the suppression of insurrection, disorder and violence, and by the punishment, either by the agoi cy of tho State Courts, or'by military commissioners, when neces? sary, of aU disturbers of the public peace and erl -..Inala; and it is declared that all Interference, under color of State authority, with the exercises of this military au? thority, shall pe nnU and void. The next succeeding clause pr?vidos for a speedy trial of the offender, forbids the infliction of cruel and u nu su? ai punishment, and requires that sentences of these military courts, which involve the liberty or Ufo of the accused, shall have the approval of commanding general, and, aa to a sentence of death, the approval of tho Presi? dent, before execution. AU these sp?cial provisions have reference to the pre? servation of order, and protection against violence and crime. They touch no other department pr function of the civil administration, save only ita criminal Jurisdic? tion, and even as to that, the dear meaning of this Act is, that it is not to be Interfered with by the military au? thority, anjeas wheq a necessity for such interference may happen to arise. I see no authority, nor any shadow of authority, for in? terference with any other coarta or any p.her Jurisdic? tion, than criminal courts in the exercise of criminal Jur? isdiction. Tho existing civil authority tn vdt Its other de? partments, legislative, executive and judicial, is left un? touched. There is no provision, even under the plea of necessity, to establish, by military authority, courts or tribunals for the trial of civil cases, or for the protection ol' such civil rights of parson fir property as come within the cognizance of dvU oourts ss contradistinguished from criminal courts. In point of fact, there was no founda? tion for such a grant of power, for the Civil Rights Act, and the Freedman's Bureau Act, neither of which is su? perseded by this Act, made ample provision for the pro? tection of ail merely civil rights where the laws or courts of these States might fall to gjye full, impartial protec? tion. I find no authority anywhere in this A ot for the remo? val by the military commander of the proper officers of a State, either executive or judicial, or the appointment ot persona to their places. Nothing short of an express grant of power would justify the removal or the appoint? ment ot such an officer. There is no such grant express? ed or even implied. On the contrary, the Act dearly enough forbids it The regular State officials, duly elect? ed and qualified, are entitled to hold their offices. They, too, have rights, which the military commander is bound to protect, not authorized to destroy. We find in the concluding clauses of thc sixth section of the Act that these officials are recognized, and express provision is made to perpetuate them, lt is enacted that j ''in all elections to any office under such provisional gov* ernmente, all persons shall be entitled to vote, and n others, who are entitled to vote under the provision the fifth section of this Act; and no person shall be gible to any office under auch provisional goverum o who would be disqualified from holding office under provisions of this Act." Thia provision not only recognizes all the officer the Provisional i overamente, bul, in case of vacanc very clearly pointe out how they are to be filled; i that happens to bein the usual way, hy the people, i not by any other agency or any other power, either bl or Federal, civil or military. I find it impossible, under the provisions of this I to comprehend such an official ss a Governor of ont these states appointed to office by one of these milit commanders. Certainly he is not the Governor rec nized by the laws ot the State, elected by the people the State, and clothed as such with the chief execul power. Nor is he appointed as a Military Governor f( State which has no lawiul Governor, under the press of an existing necessity, to exercise powers at large. 1 intention, no doubt, was to appoint him to fill a vacai occasioned by a military order, and to put him in place of the removed Governor, to execufe the functii of tho office as provided by law. The law tabes no c nizance of such an officia], and he is clothed with no tbority or color'of authority. What is truo of the Governor is, equally true as to the other l?gislative, executive and judicial officers of State. If the military commander c in oust one Cr his office, he can oust them all If he can fill one vac cy he can fill all vacancies, and thus usurp oil civil j OJ diction into his own hands, or the bands of those w hold t jeir appointments from bim and subject to i power of removal, and thus frustrate the voiy right cured to the people by this Act Certainly this Act rigorous enough in the power which it gives. With Its severity, the right of electing their own offloert still left with the people, and it must be preserved. I must not bo understood as fixing limits to the pov of the military commander in case of an actual insurr don or riot It may happen that an insurrection in c ol these States mar be so general and formidable as require the temporary suspension of ail civil govei ment and the establishment of martial law in its pla And the same thing may be'true as to loral disorder riot in reference to the civil government of the city place where it breaks ont Whatever power ls necessa to meet such emergencies the military commander m properly exorcise. I confine myself to the proper au thc ty of the military commander where peace and ore prevail. When peace and. order do prevail, it is not lowable to displace the civil officers and appoint othc in their places under any idea that the military coi mander can better perform his dudes and corry ont t general purposes of the Act by the agency of civil 01 cora of his own choice, rather than by the lawful incui bents. The Act gives him no right to resort to BU agency, but does give him the right to have "a sufflcic military force" to enable him "to perform his duties ai enforce his authority within the district to which he assigned." In the suppression of insurrection and riot, the mi tory commander is wholly independent of the civil a thon ty. So, too, in the trial and punishment of crin nala and offenders, he may supersede the cb jurisdiction. His power ia to be exercised in the special emergencies, and the means are put into h hands by which lt is to be exercised, that is to say, ' sufficient military force to enable such officer to perfor his duties and enforce his authority, and military trio nala of his own appointment to try and puniah offender Th eeo aro strictly military powers, to be executed 1 military authority, not by the civil anthoitty or by eli officers appointed by bim' to perform ordinary cn dudes. If th eso emergencies do not happen, ii civil order preserved, and criminals are duly prosecuted by tl regular crimi nal Courts, the military power, though pre eut, must remain passive. Ito proper function is to pr serve the peace, to act promptly when the peace broken, and restore order. When that ls done, and tl civil authority may again safely resume its functions, tl military power becomes again passive, but on guard an watchful. . Thia, in my judgment is the whole scope of the mil tory power conferred by this Act, and in arriving at th construction of the Act I have not found it necessary i resort to tba strict construction which iarallowable. What has been said indicates my opinion as to si supposed power of the military commander to change < modify the laws in force. The military commander made a conservator of tho peace, not a legislator. H duties are a Uitery duties, executive duties, not legis! Uve duties. He has no authority to enact or declare new code of laws for the people within his district undi any idea that he can make a net: or code than the poo pi nave mada for themselves. The public policy is n< committed to his discretion. The Congress which passe this Act undertook ia certain grave particulars to chane these Jaws, and these changes being made, tho Congre? saw no further necessity of change, but were content t leave all tho other laws in full force, but subject to th: emphatic declaration, that as to th eso laws and such ft tura changes aa might be expedient, tho question of ?n pod ion cy and the power to alter, amend or abolish, wa reserved for "the paramount authority of tho Unite States at any time to abolish, modify, control, or supe: aede the same." Where, then, does a military commande find Mi authority "to abolish', modify, control, or supei ssde" any.one of these laws? . . The enumeration of the extraordinary powers exercise by the military commanders in some of the district would extend this opinion to an unreasonable length, i ^ Ia oneoHhSc districts, the governor of s State ha been deposed under a threat of military force, and ano ti er person, caliea'a governor, has been appointed by th military commander to fill his place. Thus preeentin the strange spectacle of an official entrusted with th chiefpower to execute the laws of the otate, whose an tbority is not recognized by tho Jaws he is callad upon t as?ente. In the aame district tho judge of one of the crimine courts of the Stet? baa been summarily dealt with. Th Act of Congress does give authority to tho military com xoand er, In oases of necessity, to transfer the jurisdlctioi of a criminal court to a military tribunal. That beim the specific authority over the criminal courts given b; the Act, no other authority over them can be lawful!, exercised by the milit iry commander. But in this in s tan oo, tho judge has, by military arder, been ejectei from his 'omeo, and a private oitiaon has been appointe judge ia his place, by military authority, and is now ii tho exercise of criminal Jurisdiction "over all crimes misdemeanors, and offences" committed within the toi ri tonal jurisdiction of the court This military appointe is certainly not authorized to try any one for any offene aa a member of a military tribunal, and he baa just a little authority to try and puniah any offender as a judg( of a criminal court of the State. It happens that this private citizen, thus placed on th benda. Is fi sit aa the solo judge in a criminal court whose jurisdiction extends to won, involving tho Hi o o the accused. IT he has any judicial power in any case he has the same power to take cognizance of capita cases, and to sentence the accused to death, and onie his execution. A strange spectacle I where tho judgi and the criminal may very weU " change, places;'' for i the criminal has unlawfully taken Ufe, so too does tin judge. This is the Inevitable result, for the only tribu nal, the only judges, li they can be called judge?, whicl a military commander can constitute and appoint un der this Act, to inflict the death penalty, ls a militar; court / composed of a board, and called in the Act i " military commission." I soo np rd}*'' for the condemned against tho sentence of thin agent of the military rofumorifl?r. 'It la J not tin sort of court whose sentence of death must bo first ap proved by the commander and finally by the President for that is allowed only where the scutenco is pronounce? by a "militar}' commission." Nor is it a sentence pro nounced by thc rightful court of the State, but by i court and by a judge, not clothed with authority undei tho laws of the State, but con ti tu tod by tho military au thority. As the repr?sentative of this military authority this Act forbids interference "under color of Steh authority" with tho ext reise of his functions. In another one of th ese dis tr?ete a military order com? manda the Governor of the State to forbid the ro-essbm bung af the Legislature, and thus suspends tho propel legislative power of the State. In tho same district ai order bas bfen Issued "to relieve the Treasurer of tht state from the duties,'bonds, books, papers, io., op por taining to his office," and' to pnt an " V6sistant Quarter master of United States volunteers" in place of the re moved Treasurer; the duties of which Quartermaster Treasurer are thus summed up: He ie to make to th? headquarters of the district "the same reports and re turns required from the Treasurer, and a monthly state ment of receipts and expenditures; bo wil} pay all war rente for aalariee which may bo dr become ?rae, and le gitimate expenditures for the support of the Peniton dary, State Asylum, and the support of the provisiono State Government; but n-> scrip or warrants for out standing debts of other kind than those specified will bc paid without special authority from these headquarters. He will deposit funds in the same manner as though the) were those of the United States." - In another of these districts a body of military edicts1 issued in general and special orders regularly numbered and in occasional circular -, have been promulgated, which already begin to assume (he dimensions of a code. These military orders modify the existing law ta thc remedies for the collection of debts, the enforcement ol Judgments and decrees for the payment of money, stay? ing proceedings instituted, prohibiting, in certain ?ases, the right to bring suit, enjoining proceedings on execu? tion for the term ot twelve months, giving new liens in certain oases, establishing homestead exemptions, de? claring what shall bo a legal tender, abolishing in certain cases the remedy by foreign attachment, abolishing boil "as heretofore authorized" in cases ex contractu, but nol in "other cases, known as actions ex delicto," and chang? ing, lu several particulars, the existing lows as to thc ?iupiahmeut of crime-1, and directing that the crimes re erred to "shall be punished by imprisonment to bord labor for a torin not exceeding ten years, nor less thou two years, in the discretion of tho court having jurisdic? tion thereof," One of those general orders, being num? ber ten of the aeries, contains no leae than seventeen sections embodying the various changes and modifica? tions which baye been recited. The question at one o arises in the mind of every law? yer, what power or discretion belongs to the court having jurisdiction of any of these o ffences, to sentence a crimi? nal to any other or different punishment than that pro? vided by the law which vests him with jurisdiction. Tho concluding paragraph of this order. No. 10, is in these words: "Any law or ordinance horotofdrc in force In North Carolina or South Carolina, iuconsistcut with the provisions of this goneral order, are hereby suspended and declared Inoperative." Thus announcing, not only a power to suspend tho laws, but to declare them gene? rally inoperative, and assuming full powers of legislation by tho military authority. Tho ground upon which these extraordinary pow? ers are based is thu? set forth iu military order No. 1, issued in this district: "Thu civil govern? ment now cxistiug in North Carolina ond South Carolina, is provisional only, and in oil respects subject to the paramount authority of the United States at any time to abolish, modify, control, or supersede the some." Thus for the provisions of the Act of Congres* oro weil recited. What follows is in these words: "Local laws nd municipal regulations, uqt inconsistent with the Constitution and laws ol tho United States, ur tho pro? clamations of the President, or with such regulations as are or may be prescribed in the orders of thc command? ing general, oro hereby declared to be in loree, and in conformity therewith, civil ollie , rs are hereby authorized to continue the exercise of their proper functions, and will be respected ?md obeyed by the Inhabitants." i his construction ofLia powers und?r thc Act of Con? gress places thc militai y com mander on the samu footing as tho Congress of the Uniled States. It assumes that "the paramount authority of the United States at any? time to abolish, modify, control or supersede," is vested in him as fully as it is r< served to Congress. He deems himself a rourosontatjve of that paramount authority. He puts himself upon an equalit/ wi>h ibo law-making power of tho Union, tho only paramount authority in our Government, so far, at least, as the enactment ot lowe la concerned. He places himself on higher ground than the President, who is simply an ex entire officer. He assumes, directly or indirectly, all the authority of thc ?te, legislative, executive and judicial, and ia effect de .e iq ain'tha Stute.'' I regret that I find it necessary to speak f=o plainly af this assumption of authority. I repeat what 1 have here? tofore said, that I do not doubt that ali the. e orders hore boen issued uuder an honest belief that they were necessary or expedient, and fully warranted by tho Act of Congress. There may bo evils and mischiefs in the laws whioh these people have made for themselves through their own legislative bodies, which require change; but none of those can be so intolerable os tho evils ond mischiefs which must ensue from the sort ot remedy applied. One can plainly seo what will be tho Inevitable confusion and disorder which such disturban? ces of the whole civil policy of the State must produce. If these military edicts aro allowed to remain even du? ring the brief time to which this prc riaionil unitary government moy bo in power, tho heeds will bo sown for such a future harvest of litigatlou as has never been in ll ie ted upon any other people. There is, iu my opinion, u i executive duly to bc per? formed here, which cannot safely be avoid- d or delayed. For, notwithstanding the paramount authority assumed by these commanders, they are not, even as to their pn ' executive duties-, in any sense, clothed with a parame authority. They ore, at last, subordinate executive , cere. They aro responsible to the President for tho i per execution of their duties, and upon him rests final responsibility. They arc his Selecto l agento. duty is not all performed by selecting Buch agents a deems competent; but thc duty remains with him to to it that they execute their duties fclthiully and aco log to law. It is true that this Act of Congress only refers to President in tho matter of selecting and appoint these commanders, und in tho matter of their pov and duties ander tho law, tho Act speaks in terms rectly to them; but this does not relieve them fi their responsibility to the President, cor doci relieve MM from the constitutional obligation lmpo upon him to a c that all "tho laws be faithfully < cuted." It can scarcely be necessary to cite authority foi plain a proposition as' this. Nevertheless, as we hav recent decision completely in point, I may as well ri toit Upon the motion made by the State of Mississippi fore tho Supremo Coact of tho United St ?te? at its 1 term, for leave to filo a Bill against the President of United States, to enjoin him against executing the v Acts of Congress now under consideration, tho opin of the court apon dismissing that motion, and it soc to have been unanimous, was delivered by the Chief J dee. I make tho following quotation from the opinlc ' Very different is the duty of the President in the ei else of the power to soo that the laws are faithfully exe ted, and among those laws the Acts named in (he BUI. the first of these Acts ho ia required to assign generale command in tho several military districts, and to dei sufficient military force to enable auch officers to < charge the duties under tho law. By the SuppUmcnh Act other duties are imponed on tho several commai lng generals, and their duties must necessarily bo p formed ander the supervision of tho President as Cc msnder-in-Chlef. Tho duty tiras imposed on the Pr? dentis in no just sense ministerial. It is purely exe ti ve and political." Certain questions have been propounded from one these military districts touch in g the construction of I power of the military commander to constitute milit tri bunals for the trial of offenders, which I will next ci sider. While tho Act docs not in terms displace the regu criminal courts of thc State, it does give the power the military commander, when in his Judgment s neo H? ty arises, to take tho administration of the criminal 1 into his own hands, and to try and punish offenders means of military commissions. In giving construction to this power, we mast not f get the recent and authoritative exposition given by t Supreme Court of tho United States as to tue power Congress to pr?vido for military tribunals for the trial citizens ut time of ponce, and to tho emphatic declara tl as to which there was no dissent or difference of opini among the jndges, that such a power is not warranted the (''institution. A Mingle extract from the opinion tho minority, os delivered by the Chief Justice, will si flee: "We by no moons assort that Congress can est?bil and apply the laws of war where no war has been dooL ed or exists. /Where peace exists tho taws of peace mt prevail. What wo do maintain is, that when the natl ls involved tn war, and some portions of the country o invado: ?, and all aro exposed to invasion, it is within t power of Congres- to determine in what States or d trie ts such great and imminent .public danger exists justifies the authorization of nifitory tribunals for t trial of crimes and offences against the discipline or sect itv of the army or against the public safety." Limiting myself nore simply to tho construction this Act of Congress and to tho question in what. way should be executed, I have no hesitation in saying th nothing short of an abs lute or controlling neveos] would give any color of authority for arraigning a citiz* before a military commission. A person charged wi crime in any of these military districts, has rights to 1 protected, rights the most sacred and inviolable, ai among these tho right of trial by jury according to lat of tho laud. When a citizen is arraigned before a mi tory commission on a criminal charge, he is no long ander the protection of law, nor surrounded with tho safe-guards which aro provided in tho Constitution. This Act passed in a timo of pei ce, when ?ll tl courts, State and Federal, are in the undisturbed exe oise of their jurisdiction, authorizes, at the discretion a military officer, the seizure, trial, and condemnation the citizen. The accused may be sentenced to dust and the sentence msy be executed, without an indlc ment, without counsel, without a jury, and without Judge. A sentence which forfeits all the property of tl accused, requires no approval. If it affects tho liber of the accused, it requires tho approval of tho commam lng general; and if it affects his Ufe, it requires tho a; provo! of the General and of tho President Militai and. executive authority rule thronghoat, in tho trie the sentence, and the execution. No habeas corpus fro: any State court can bo invoked, for this law declaren th "all interference, under cover of State authority, wit the exorcise of military authority under this Act sha be null and void." I repeat it, that nothing short of an absolute neceseit can give any color of authority to a military command) to call into exercise such a power. It is a power thc c: erciso of which may involvo him and every ono coi cerned in the gravest responsibilities. Tho occasion fi its exercise should be reported at once to tho Lxe?uUi for such instructions as may bo deemed necessary an proper. Questions have arisen whether, under this power, thei military commissioners can take cognizance of offene? committed before thc passago of the Act. and whethi they can try and punish for acts not made crimes < offsnces by Federal or State law. I am clearly of opinion that they have no jurisdlcilo as to neither. Tin y can take cognizance of no offene that bas'not happened after the btw took effect Ina much as the tribunal to punish, and the measure or d gree of put Ishim nt, aro established by this act we mai constratt lt to be prospective, and not retroactive. Uthe wise it would takn,the character of an ex post facto lav Therefore, in the adseuce oi any langnago which glv< the Act a retrospect, I do not hesitate to say, lt canni apply to past offences. There is no legislativo power given under this, Militai BUI to cstabUsh a new criminal code. ' The authorit given h| to tty and punish "criminals and offenders, tm thia proceeds upon the idea that crimes and offene? have been committed; bat no person can be coll od criminal or an offender for doing on act which, whe done, was not prohibited by law. But as to the measure of punishment, I regret to b obliged to say that it is left altogether to tho military ai thorities, with only this limitation, that the pnnishmei to be inflicted shall u?l be cruel or unusual. The mil tory commission may try the accused, fix the measuro < punishment ovon to the penalty of death, and direct th execution of tho sentence. It is only when the scntenc affects the "Ufe or property" of the person that it nood h approved bv the commanding general, and only in cast where lt affects the Ufo of tho accused that it needs als the approval of the President As to crimes or offences against tho laws of the Unite Slates, the military authority can take no cognizance c them, nor in any way interfuro with tho regular admlnii trallon ol justice by tho appropriate Federal Couria. In the opinion heretofore given upon othor question arising under those laws, I gavo at largo for your COE sideration tho grounds upon which my conclusion were arrived at intending thereafter to state theao coe closions in a concise and clear summary. ' I now procae to execute that purpose, which is made especially nocet j sary from tho cqnrasion and doubts which hayo arise: ' apon that opinion in the public mind, caused in part b; the errors of the telegraph and tho press in its publication and in part by tho inaptitude of tho general reader to fol low curefully tho successive and dependent stope of protracted legal opinion. SUMMARY. WHO AHE ENTITLED TO BEQUTnUTION ? 1, The oath prescribed In tho Supplemental Act de fines all the qualifications required, and every pei soi who can toke that oath ts entitled tc have his nomo en tcred upon the Hit of voters. ' ? r 2. The Board of Registration have no authority t administer any other oath to tho person applying .fo registration than this proscribed oath ; nor to a^tuinistc any oath to any other person, touching tho qualification of tho applicant ur the falsity of the oath so taken b; him. Tho Art, to guard against falsity in the oath, prc vides that If false, tho person taking it shall be tried am punished for perjury. No provision is made for challenging tho qualification of the applicant or entering apon any trial or investiga tion of bis qualifications, either by witnesses, or any ethe form of proof. 5. As to citizenship and residence. Tho applicant for registration must bc a citizen of ta S tato and of the United States, and must be a resident o a county included in the election district, lie mn v b registered if ho hos been such citizen tor a period les than twelve mon thu at the time ho applies for registra tion, but ho cannot vote at any election unless his citizen ship has then extended to the full term of one year. Ai to such a parson tho exact length of his citizcushi] should be noted opposite his name on the H?t so that i may appear on tho day of election, upon rofe ronco to tin list, whether the tuU term has then been accomplished 4, An unnaturalized person cannot take this oath, bu an alien who has been naturalized can take it, and ui other proof of naturalization can bu required from him. 6. No one who is not twenty-ono years ot ago at th? time ol registration can take thc oath, l'or h ? must swea: that he has then attained that ago, 0. No one who has been disfranchla d for uarticipatioi in any rebellion against tho United Slates, ?>r for felon] committed against tho laws of any State or of tho Unite? States, can safely toke this oath. The actual participation in a rcbelUon, or the actua conuiiission of a felony, docs not amount to disfranchise meut Tho sort of disfronchiaement herc meant ls thai which ls declared by law patted by competent authority or win h hos boon fixed upon tho criminal by tho sen tencc of tho court which tried him for tho crime. No law of the United States has declared the penally of dlsfranchiHcnicut for participation in rebellion alone, Nor is it known that any such law existe in cither ol these ten States, except perhaps Virginia, oa to which State special instructions will be given. 7. As to disfranchisement arising from having held o?ct followed by participation in rebellion. Tliis is the most Important part of lhe oath, an I ra quires strict attention to arrive at its meaning. I deem it proper to give tho exact words. Tho applicant limsl swear or affirm as foUows: " That I hove never beiai a member of any State Leg? islature, uor held any executive or judicial office in any State, and attcrwards engaged in un insurrection or re? bellion against thc United State?, or given aid or comfort to the enemies thereof ; ?hst I havo never taken au oath as a member of Congress of tho United Staten, or a- au officer of thu United States, or us a member of any State Legislature, or as on executive or judicial officer of any State, to support thc Constitution of the United States, and al ter words engaged in insurrection or rcb<.Uiou against thc United Matee, or given old or comf rt to thc enemies thereof." Two oleuients must concur ?a order to disqualify a person under these clausen i First, tho office an?! official oath to support th" Couslitutinn of thu United states : Seeon?!, engaging afterwards in rebellion. Both must exist to work disqualification, and must happen in tho order of time mentioned. A person who boa held on office and taken thu oath to support the Federal constitution, and ha j not afterwards engaged in rebellion, is not disqualified. So, too, a per? son who has engaged in rebellion, but has not heretofore held on office and taken that oath, Ls not disqualified. B. Office: s of tba United States, Aa to th6Eto thu language ia without Umit.ition. Tho person who boa, ot any time prior to the rebellion, held any office, civil or military, under the United States, and has taken on official oath to support the. Constitution of tho United States, is subject to disqualification. 'J. Mih tory officers of any State, prior to tho rebellion, aro not subject to disqualification, Ul. Municipal officers, thal is to say, officora of incor? porated ci'ius, towns, and villages, such UH mayors, alder? men, town council, police, and other city or town officers, are not subject to disqualification. 11. Persons who have, prior to tho rebellion, been members ol the Congress of the United Staten, or mem? bers of a State Legislature, ai e. subject tn disqualification. But those who havo been members of conventions fram? ing or amending tho Constitution of a State, prior to thc rebellion, are not subject to disqualification. 12. All thu executive or judicial officers ol' ony State who took an oath to support the Constitution of tho Uni? ted Status, aro subject to disqualification, and in these I include county officers, as to whom I made a reservation lu the opinion heretofore glv^n. After lull consideration I have arrived at the conclusion, that they uro subject to disqualification, ii they were required to take as a part ot their official oath, TUE OAZU i o SUFpoBX THE CONSTITU? TION OE THE UNITED STATES. 13. Puroona who exorcised mere agencies or employ meute under State authority, aro not disqualified; such aa com nu sai oners to lay out roads, commissioners of pub? lic works, visitors of State in.-ii tut ions, directora of State bouka or other State institutions, examiners of bonks, notaries public, commissioners to take acknowledge' inuula of deuda und lawyers. ENHARINO IN REBELLION. Having specified what offices held by any one prior lo the rebellion come within the meaning of the law, it ia no x'86ary next t o Set form what subsequent conduct fixes upon such person the offence of engaging In rebellion. I repeat, that two things must exist as to any person, to disqualify him from yoting : first, the office held prior to the rebellion and afterwards participation In the rebel? lion. 14. An act to rix upon a. person the offence of engaging in rebellion under this law, must be an overt and volun? tary act, done with an intent oi aiding or farthering the common unlawful purpose. A person forced into the rebel service by conscription, or under a paramount authority which he coule1 not safely disobey, and who would not have entered such service if left to the free exercise of his own will, cannot be held to be disquali? fied from voting. 15. Mere acts of charity, where the intent ia to relieve the wants of the object of such charily, and not done in aid of tho cause in which he may have been engaged, do not di equal i y. But organized contributions of food and clothing for the general relief of persons engaged in the rebellion, and not of a morel, sanitary character, but contributed to enable thom to perform their unlawful object, may be classed with acts which do disqualify. Forced contributions to the rebel cause, in the form of taxes or military assessment*, which a person may be compelled to pay or contribute, do not disqualify. But voluntary contributions to tho rebel cause, even such in? direct contributions as arise from tho voluntary loon of money, to rebel authorities, or purchase of bonds or securities, created to afford the means of carrying on the rebellion, will work disqualification. 16. All those who, in l?gislative or other official capaci? ty, were engaged in tho furtherance of the common un? lawful purpose, where the duties of the office necessarily had relation to thc support of tho rebellion, such os mem? bers of the rebel conventions, congresses and legisla turca, diplomatic agents of the rebel Confederacy, and other officials whose offices were created for the purpose of more effectually carrying on hostili? ties, or whose duties appertained to tho support of the rebel cause, must be held to be disqualified. But officers who, during the rebellion, discharged offi? cial duties not incident to war, but only such duties as belong even to a state of peace, and were necessary to the preservation of order and the adioinstratlon of law, are not to be considered as thereby engaged to rebellion or os disqualified. Disloyal sentiments,, opinions or sympathies, would not disqualify, but whore a person has, by speech or writing, incited others to encage in rebel? lion, he must come under the disqualification. 17. The duties oj the board appointed to superintend the elections. . . This board having the custody of the hst of registered voters in tho district for which it is constituted, must see that the name of the person offering to vote is found upon the registration list, and Vt such proves to be the fact, it is the dury of the board to receive his vote. They cannot receive the vote of any person whose name is not upon the list, though he may be ready to ta Ve the registration oath, and although ho may satisfy them that he was un? able to have his name registered at the proper time, in consequence of absence, sickness or other cause. Tho board cannot enter toto an; inquiry as to the quali? fications of any person whose name is not on the list, or. as to the qualifications of any person whose name is on tho list. .? 18. The node of voting ls provided in the Act to he ty ballot. The board will keep a record and poll-book of the election, showing tho votes, list of voters, and the persons olected by a plurality of the votes cast at the election, and make returns of these to the commanding general cf the district. 19. Tho board appointed for registration and for su? perintending tho elections, must take the oath prescribed by the Act cf Congress, approved July 2, 1862, entitled, "An Act to prescribe an oath of office." I have the honor to be, with groat respect, HENRY 8TANBERY. Attorney-General. - OCX FIGHT WITH INDIANS.-A lotter from Fort Dodge, Kansas, dated April 22, gives the following ac? count of a fight with tho Indians, which took place at Cinmarron Springs, about thirty milos from that place, a few days previous to tho date men? tioned: A corporal, stationed os vidette, about four miles from tho Cinmarron, was grazing his horse, when ho heard a shot, and al the same time a ballot whistled by in close proximity to his body. On turning round he percoived an Indian deliberately loading bis piece to fire a Beoond shot. He fired his piece at bun, and at tho same time saw a body of six Indians making toward him. Bo therefore mounted his h orso and rode hastily toward camp, and informed Major Cooper of the presonco of tho Indians. A scouting party ot fifteen were sent after them, and on coming up to the place desig? nated by the videtto, found the Indians posted on an island in tho Arkansas Uiver naturally strongly fortified. Tho Indians, on seeing the military approach, fired nt onco on them, severely wounding one of tito soldiers. The soldiers, wno were under com? mand of Lieut. Berry, oponed rire, and soon made the island untenable for tho Indians, who then, aftor a short resistance, retreated across the river, firing as they went. As soon as they had gained the other sido thoy commenced tho chase. For ten miles tho cavalry followed them, and only de? sisted from tho chase when they found that all wero killed. They left the bodies whore they fell. They found a woman's scalp,' with beau? tiful, long, auburn hair, tied to the breech clout of a Choyenne, and the sight of this em? bittered the soldiers greatly, and they refused to bury tho] bodies. Tho two companies of cavalry camped in the vicinity of tho place where the bodies lav, and they informed me that the wolves could bo heard tearing and dovuur{ng them, QUEEN YIOTOBIA has now remained somo five yours in retirement. Tenderly and devotedly at? tached to her husband, at bis death she declared her widowhood most sincerely by uninterrupted seclusion from public festivities for a length of time. During all this while she has necessarily accumulated a largo portion cf the allowance made for her privy purse, which would ordinarily have been expended in display and hospitality. No wonder that somo have been found to sneer at such fal t h ful devotion to the memory of a husband, and to ascribe this purest qf notions to parsimoni? ous and unworthy motives. As a sufficient and over? whelming rebuke to those who have been inclined to regard tho action of tho Qr.ecn with unkindly spirit, it is now anounccd that Her Majesty has de? voted no less than half a million sterling of her private savings-which in our money would equal the sam of f 2,500,000-to the erection of a conva? lescent hospital at some distance from London, wbero tho inmates may enjoy the advantages of pure and fresh air. The institution will bo con? nected with St. Brrtholomow's Hospital, under the same management. No official announcement of the gift has yet been mode, but it is believed that the money has already been transferred to trustees. About ?200,000-one million of our money-will be expended in purchasing the site and erecting the building. This will be one of the most munificent and endurable charities of VICTORIA'S reign. Wo leam from a private letter from Charleston that Mr. Purcell, tho indefatigable, accommoda? ting and courteous proprietor of the Mills House, is going to erect a hotel of the first magnitudo, and on tho most improved plan in Wilmington, N. C.-Mario" Star. The prospects of the cotton crop in thia section is being greatly damaged by lie3, and. in addition to them tho rainy weather is injnring the plant very much, Corn is, however, doing welL {Marion Crescent. ONE PRICE SH -:o: WE ABE OFFERING OUR STOCK OF SUMMER CLOTHING, comprising LINENS, FLANNELS AND LIGHT WEIGHT WOOLLEN, at prices which cannot fail to satisfy all who arc seeking to buy OOOD GOODS CHEAP. Thc larger part of our Stock we manufacture in our own workshops, willoh wc warrant in every respect. Wc give below some or our leading prices : LINEN SACKS at.$2, 3, 4 and 6 LINEN PANTS at.$1 25, 1 50 and 2 LINEN VESTS at. $1 50 and 2 CHECK CASSIMERE SUITS, SACK, PANTS AND VEST.$6 GREY FLANNEL SUITS, SACK, PANTS AND VEST..$7 CHECK LINEN SUITS, SACK, PANTS AND VEST....$8 CHECK MARSEILLES SUITS, SACK, PANTS AND VEST.$9 WHITE LINEN AND DUCK SUITS.$11 to 20 BLACK ALPACA SACKS.$2 50 to C LIGHT WEIOHT CASSIMERE SUITS, in fancy mix turcs, and solid colors, and BLACK DRESS SUITS all our own make, at very low prices. FURNISHING GOODS, adapted to the season WHITE SHIRTS, four qualities.$2 50,3, and MAGULLAR, WILLIAMS & PARKER No. 270 KING STREET, CORNER OF HASEL, CHARLESTON S. C. Juno 13 4mo The Greenville Mountaineer IS PUBLISHED EVERY THURSDAY, AT $1 50 PER year, m advance. Advertisements inserted at usual rate?. G. E. ELFORD, May 10 Editor and Proprietor gar The Relatives, Friends and Acquaint? ances of Mrs. JOHN HARTIGAN, and of THOMAS HAS TIOAN, are invited to attend the faners! of the former at No. 12 Barns lane, at three o'clock This Afternoon, Jane 20 * Mfg- The Friends and Acquaintances ot the late Mrs. ELIZABETH POLLARD; also of P. J. BBVN, will attend the Funeral of tho former at tho First Baptist Church, Th is Morning, at Eleven o'clock, without further invitation. 1? June 20 SPECIAL NOTICES, ?" CONSIGNEES PEE STEAM SHIP "CHAM? PION " are notified of the cargo being discharged at South Adgers Wharf. AU goods uncalled for at sonst t wurba stored at risk and expense of owners. STREET BROTHERS A CO. June 19 ?-OFFICE OF CITY TREASURER, CHARLESTON, 8. C., JUNE 18,1807.-Holders of Cou? pons of the Fire Loan Bonds of the City of Charleston, are notified Uiat those falling due on the first of July next, will be paid on presentation at the office of Messrs. J. B. KIIITLAND, HILL, TALHADGF. it Co., No. 39 Pino street, N w York, or at the First National Bank of Charleston. (8ignod) 8. THOMAS, June 19 10 City Treasurer. ?-PROPOSALS- -ARMY SUPPLl ? f-.-OFFICE CHIEF COMMISSARY SUBSISTENCE, SECOND MIL? ITARY DISTRICT, CHABLXBTON, 8. C., June 13, 1867. Sealed proposais (in duplicate; will be received by the undersigned, until 1 o'clock, A. M., Monday, Jane 24th, 1867, at which time t^ey will be opened, for supplying for the use of the United States Army at this Military Post fresh beef on the block. The beef to be delivered under the proposed contract must be of a good and marketable quality, in equal proportions of fore and hind quarter meat (nocks, shanks and kidney tallow to be excluded), ia such quantities as may be from time to time required, and on such days as shall be designated by the com? manding officer. The contract to be in force for six months, or auch less time as the Commissary-General of Subsistence may direct, commencing on the 1st day of Joly, 1867. Each bid to have consideration must contain the fol? lowing guarantee of two responsible names, as follows : "We, the undersigned, hereby guarantee that should the above bid be accepted, it shall be duly fulfilled ac? cording to ita true purport and conditions ; also, that a written contract, with bonds to the amount of ten thou? sand dollars, shall be executed. A printed copy of tins advertisement most be attached to each proposal, which must be enclosed ia an envelope, addressed to the undersigned, and endorsed "Proposals Tor Subsistence Stores." WM. M. BURN8, Brevet Brigadier-General and C. 8., U. S. A. June 14 9 ?-"PROPOSALS FOR WOOD.- OFFICE DEPOT QUARTERMASTER, CHARLESTON, S. C. JUNE loth, 1867,-Sealed proposals will be received at this Office until 12 o'clock noon, on Thursday the 20th lay of June, 1867, at which time they will be opened, for famishing the Quartermaater*H Depot in this city with OAK AND PINE WOOD, from July 1st, 1867, to De? cember 31st, 1867. Deliveries to be mad.1 on the Govern mont Wharf In this city, s t such times and in such quan? tities as may be required by the Depot Quartermas? ter. The wood delivered must be thoroughly seasoned and of Mc rchan tab le quality, bidders will state tho price per cord of the kind of wood bey propose to furnish. Two good sureties ,u the sum of one thousand dollars each, to be named for the faithful performance of the Contract Bids deemed unreasonable wiU be rejected. Proposals must be addressed to the undersigned and marked " Proposals tor furnishing Wood." J. D. STUBBS. Brevt. Lieut CoL A A. Q. M June 10 10 ? BUTCHER'S L GHTNLNG FLY-KELLER will certainly exterminate l ese pests, ii its use ls per? severed In. Beware ot bo; s Fly-paper, which some dealers keep because they can i et it for nearly nothing. Don't be swindled. Ask for DU CHER'S, which ls sold by ea h. ve druggists, lm > May 28 ?* NOTICE T > MARLNER8.-C APT AINS AND PILOTS wishln ? to anchor thou* vessels In Ashley River, are requested a ot to do so anywhere within direct range of the heads ot the SAVANNAH RAILROAD WHARVES, on the Charleston and St Andrew's side ol the Ashley Bi ver; by which pr?caution, contact with thc Submarine Telegraph Cable will be avoided. S, C. TURNER, H. M. Harbor Master's Ornee, Charleston, February 6,1866. February 7 ?-ERRORS OF YOUTH.-A GENTLEMAN who suffered for years from Nervous Debility, Pre? mature Decay, and all the effects of youthful indiscre? tion, wUL for the sake of suffering humanity, Rend free, to all who need it, the receipt and directions for making the simple remedy by which he was cured. Sufferers wish? ? to profit by the advertiser's experience, can do so by addressing, in perfect confidence, JOHN B. OGDEN, April 12 ?moa* No 42 Cedar street. New York. ?. BEAUTIFUL HAIR.-CHEVALIER'S LIFE for the HAIR positively restores gray hair to its original color and youthful beauty; Imparto life, strength and growth to the weakest hair; stops ito falling out at once; keeps th e head clean ; is uuparalleled as a hair-dressing. Sold by all druggists, fashionable halr-dressers, and deal? ers in .'ency goods. The trade supplied by the whole? sale druggists, SARAH A. CHEVALIER, M. D., June 8 stuth6mo New York. ??ARTIFICIAL E?ES.-ARTTFICIAL HU? MAN EYES made to order and inserted by Dra. F. BAUCH and P. GOUGLEMANN (formerly employed by ROIBSONNXAU, of Paris), No. 599 Broadway, New York. April 14 ly r ?- BATCHELORS HAIR DYE.-THIS SPLENDID BAIR DYE is the best in the world. The only true and perfect Dye-harmless, reliable, instan? taneous. No disappointment No ridiculous tinto. Natural Black or Brown. Remedies the Ul e floe ts of Bad Dyes. Invigorates tho bair, leaving it soft and beautiful. The genuine ls signed William A. Batchelor. AU others aro more imitations, and should be avoided. Sold by all Druggists and Perfumers. Factory, Na 81 Barel ey street, New York. ?- BEWABE OF A COUNTERFEIT. December 10 lyr ?.HALL'S VEGETABLE SICILIAN HALB RENE WEB has proved itself to be the most perfect pre? paration for the hair ever offered to the public. It is a vi Retablo compound, and contains no injuriouf properties whatever. IT WILL RESTORE GRAY HAIR TO ITS ORIGIN AI COLOR. It will keep the hair from falling out. It cleanses the scalp and makes tho hair soft, lustrous and silken. It is a splendid hair dressing. No person, old or young, should fail to use it IT IS RECOMMENDED AND USED BY THE FIRS! MEDICAL AUTHORITY, ?- Ask for Hall's Vegetable Sicilian Hair Renewer and take no other. R. P. WATT, A CO., Nashua, N. H., Proprietors. For sale by all Druggists. Wholesale by DO WIE & MOISE, SUCCESSORS TO KING AND CAS 7IDEY, March 1 thly* Charleston, S. C. "COST AR'S" PREPARATIONS. ESTABLLSUED EIGHTEEN YEARS. Laboratory, No. IO Crosby street, New York. 3000 Boxes, Bottles and Fiasks manufactured daUy. SOLD BY ALL DRUG G ISIS EVERYWHERE. - COSTAR'S " SALES DEPOT, No. 48? BROADWAY, NEW YORK, Where SI, $3 to $6 sizes are put up for FamUies, Stores, Ships, Boats, Public Institutions, Ac, Ac. It is truly wonderful the coulidenco that in now had in every form of Preparations that comes from " Cottar's " Establish ment. " COSTAR'S " EXTERMINATORS-For Rate. Mice, Roaches, Ante, Ac, Ac "Only infallible remedy known." "Not dangerous to the human family." "Rats come out of their boles to die," Ac "CO>TAR'i " BED-BUG EXTERMINATOR-A Uquid, put up in bottles, and never known to fail. "COSTAR'S" ELECTRIC POWDER-For Moths in Furt) and Woollens, la invaluable. Nothing can exceed it for power and efficacy. Destroys instantly all Insecte ou Planto, Fowls, Animals, Ac. " COSTAR'S" BUCKTHORN SALVE-For Cute, Burns, Wounds, Bruises, Broken Brtaste, Sore Nipples, Piles in aU forms, Old Sores, Ulcer?, and aU kinds of cutaneous affections. No family should be without it. It uxceede in efficacy all other Salves in use. "COSTAR'S " CORN SOLVENT-For Corns, Bunions, Warts, Ac. " COSTAR'S " BITTER SWEET AND ORANGE BLOS S MS-Beautifies Uie Complexion, by giving to the skin a soft and beautiful freshness, and is incomparably be youd anything now in use. Ladies of taste and portion regard it UH an essential to thu toilet. An unprecedented sale ls its beut recommendation. One bottle is always followed by more. Try it to know. " COSTAR'S " BISHOP PILLS-A universal Dinnei Pill (sugar-coated), and ot extraordinary efficacy for Cos liveness, aU forms of Indigestion, Nervous and Sic! Headache. A PiU that is uow rapidly superseding all others. " COSTAR'S" COUGH REMEDY-For Coughs, Colds, Hoarsoneea, Sore Throat, Croup, Whooping Cough, Asth? ma, and all forms of Bronchial, and Diseases of UH Throat and Lungs. Ai (dress HENRY R. COSTAR, Juno 17 No. 482 BROADWAY, N. Y. SPECIAL NOTICES. 83-WE ARE AUTHORIZED TO ANNOUNCE F_ H. WIT] TIN (J, Esq., as a candidate for Sheriff of Charleston (Jud i cu) I District at the next election. September lu tar THE GRAVEST MALADIES OF YOUTH AND EARLY MANHOOD.-HOWARD ASSOCIATION ESSAYS, on the Physiology of the Passions, and the Errors, Abuses and Diseases peculiar to the first age ot man, with Reports on new methods of treatment em? ployed in this institution. Sent in sealed letter en ? velopes, free of charge. 1 Address Dr. J. ?KILLIN HOUGHTON. Howard Association, Philadelphia, Pa. May 20 3mo tar A YOUNG LADY RETURNING TO HER country home, after a sojourn of a few months in the city, was hardly recognized by her friends. In place of a coarse, rustic, flushed face, she had a soft ruby com? plexion of almost marble smoothness, and instead of tw nf y- three she really appeared but eighteen. Upon in? quiry as to tho cause of so great a change, she plainly told them that she used the CIRCAS-TAN BALM, and considered it an invaluable acquisition to any lady's toilet By its mee any Lady or Gentlemen can improve their per? sonal appearance an hundred fold. It is simple in its combination, as Nature herself is simple, yet unsurpass? ed in its efficacy in drawing impurities from, also heal? ing, cleansing and beautifying the akin and complexion. By its direct action on the cuticle it draws from it all ita Impurities, kindly healing the same, and leaving the sur? face as Nature intended it should be-clear, soft, smooth and beautiful. Price $1, sent by Mail or Express, on re? ceipt of an order, by W. L. CLARK A GO., Chemists, No. 3 Weet Fayette Street, Syracuse, N. Y. The only American Agents for the sale of the same. March 30 ly SHIPPING. WANTED IMHEDIATELY, TWo VESSELS TO LOAD LUMBER, Apply to JOHN A THEO. GETTY, No. 48 East Bay June 7 FOR EDISTO AND ROCK TILL I?. THE STEAMER ?SM W- "W. FRAZIER, CAPT. JOS. F. TORRENT. TT7TLL LEAVE ATLANTIC WHARF AS ABOVE, Tv friday, June 21st, at 7 o'clock A. M. Shippers will toke notice that no goods will be receiv? ed unless the Freight is prepaid. For Freight or Passage, apply on board or te JNO. 4 THEO. GETTY, June 20__1_ No. 48X East Bay. NEW YORK ANO CHARLESTON STEAMSHIP LINE. FUR NEW YORK, THE NEW AND ELEGANT SID KWH EEL STEAMSHf P CHAMPION, LOCKWOOD, COMMANDER; ' TT7TLL LEAVE ALGER'S SOUTH WHARF, ON VT Saturday, the 22d inst, at 10 o'clock A. M. US' The Ships of this line are provided with elegant accommodations for passengers. MW All outward Freight engagements must be made at tho ?file of COURTENAY A TIIENHOLM, Na 44 East Bay. trw For Passage and all matters connected with the inward business of tho Ships, apply to STREET BROTH? ERS A CO., No. 74 East Bay._ STREET BROTHERS A CO., ) ._"?. * COURTENAY A TREN HOLM, f,*?81"8 tar Tho MANHATTAN will i olio w on the 29th inst June 17 jj FOR NEW YORK. REGULAR UNITED STATES MAIL LINK. . " t ONE OF THE FAVORITE AND ELEGANT STEAM. SHIPS SARAGOSSA, GRANADA. W1EL LEAVE NORTH ATLANT IC WHARF EVERY SATURDAY. THE STEAMSHIP SARAGOSSA , CAPTAIN ORO WELL,. WILL LEAVE NORTH ATLANTIC WHARF on SATURDAY. June 22d, st - o'clock? Bills lading must be presented for sig? nature by 2 o'clock of that day. June 17 RA VEN EL A CO. FOR SAVANNAH. THE STEAMER il "DICTATOR," 1000 TON'S BURTHEN. CAPTAIN L. M. C O X ET T EB, 117 ILL LEAVE MIDDLE ATLANTIC WHARF EVEB< VT Tuesdau Night, at 9 o'clock, for Savannah. For freight or passage apply on board or to office of J. D. AIKEN A CO, Agents, May 10_South AUan?o W bart T?0IM TICKETS TO FLORIDA, a BY CHARLESTON AND SAVANNA !? STEAM PACKET LINE, VU BEAUFORT AND HILTON HEAD. . THE STEAMER PILOT BOTST. cATTAIN w. T. MCNELTY. LEAVES ACCOMMODATION WHARF, CHARLES? TON, every Monday and Thursday Mornings, at 7 o'clock. Returning, leaves Florida Steam Packet Wharf, Savannah, every Wednesday and Friday Mornings, at 7 o'clock. Touching at Bluffton on Mondays and Wednesday*. Freight received daily and stored free of charge. Freight to all points except Savannah, must be pre? paid. No Freight received after sunset For freight or passage, apply to FERGUSON A HOLMES, Agents, Charleston. CLAGHORN A CUNNINGHAMS, Agents, Savannah. Ga. N. B.-THROUGH TICKETS sold at the Office of tho Agency in Charleston to points on the Atlantic and Gulf Railroad, and to Fernandina and pointe on tho St John's Hiver. _June 13 FOR GARDNER'S BLUFF, AND INTERMEDIATE LANDINGS ON 1HB PEE DEE RIVER. THE LIGHT DRAFT STEAMER IP Ta ANTER, CAPTAIN J. T. FOSTER. T?7TLL RECEIVE FREIGHT AT ACCOMMODATION; VT WHARF on Monday, tho 17th inst, and leave, ou Thursday Night, 20th. All Freights must be prepaid. No freight received after sunset ' For freight engagements, apply to . FERGUSON A HOLMES, Agents. June 12 Accommodation Wharf NEW YORK AND B RE SIEN STEAMSHIP COMPANY. THE FIRST-CLASS U. 8. MATT, STEAMSHIPS ATLANTIC. I NORTHERN LIGHT. BALTIC. I WESTERN METROPOLIS. Leave Pier No. 46, N. R., Now York, every second Sat* uraay, from June 15. FOR SOUTHAMPTON AND BREMEN, taking passengers to Southampton, London, Havre an i Bremen, at the followit g rates, payable m gold or its equivalent in currency : First Cabin, $110; Second Cabin, $65; Steerage, $35. From Bremen, Southampton and Havre to How ion.. First Cabul, $110; Second Cabin, $76; Steerage, $43. EXCURSION TICKETS OUT AND HOME-Fits. Cabin, $210; Second Cabin, $130; Steerage, $70. HAILING DAVS F BOM NEW TOBK AND -OM I June 15 and 29 I July 13 and 27 I August 10 and 2* Sept. 7 and 21 | Oct 5 and 10 | Nov. 2 and IC For Freight or Passage apply to ISAAC TAYLOR, President February 27 ly No 40 Broadway, N. Y. THE CAROLINA TIMES, PUBLISHED AT ORANGEBURG C. H. THIS PAPER CIRCULATES THROUGHOUT THE middle portion of the State, and offers the best .ui- ib i ?es for advertisers. February 23 THEIU?TER NEWS, DARR & OSTEEN, Proprietors. PUBLISHED EVERY THURSDAY, AT SUMTER. & C. A Subscription $4.00 per annum. To Clubs ol lour $3.00 ner annum. rgjj| .g Advert mema its inserted on liberal terms. "* Decembers * ? J