The Columbia daily phoenix. (Columbia, S.C.) 1865-1865, July 20, 1865, Image 4
Thursday Morning, July 20, 1865.
Extract of a Letter from a South
Carolinian to his Friend.
EDITOR OF THE PUOSIX: The enclosed
extract from the letter of a distinguished
gentleman of this State, is^deemed worthy
of publication. The writer has, during a
long life, given his attention to thc subject
of this letter. -He hos watched and at
many times advised. He is learned,calm
and disinterested, and therefore au umpire
of sufficient authority to be listened to.
The terms he proposes will be favoruble.
to the freedmen and not oppressive to the
employer, and will keep the former in a
relation the most desirable (foe them) to
their employers, and give them a chance
successfully to accustom themselves to
their new possession of personal liberty:
Time bas always vindicated me. You
know how earnestly I opposed the move
ment that I predicted would inevitably
?lead to civil war, so openly and so con
etantly, that bad I been in the way of any
emull demagogue, the people would have
been turned loose upon me. I believe you
were present when I addressed the mer?
chants of the village, in Jones' office,
urging them to inaugurate non-intercourse
-the policy that staved off. for several
vears, the war of tho Revolution. I
denied the sequence claimed from the
doctrines of .1. 0. Calhoun, because, to my
knowledge, he restrained from attempts at
disunion, to which many o? the younger
politicians were inclined in '32-'33. tie
was not even a nullifier. I quote from my
letter, written many years ago, to a Geor?
gia edito::
"Nullification is net my word; f never
use it-I always say State interposition.
My purpose is a suspensive veto, to com?
pel the installing the highest tribunal pro?
vided by the constitution, to decide on the
point in dispute. I do not wish to destroy
the Union - I only wish to make it honest.
The union is too strong to break-nothing
can break it but the slavery question, it
that can.
"If a convention of the States wore
nailed, and it should decide that the pro?
tective policy is constitutional, what then?
'Then give it up.''
After the surrender of Lee and John?
ston, as sonn us it was seen that the Rich?
mond Administration would do nothing,
the governors of the States ought, in con?
cert, to have notified the Government at
Washington that all resistance bad cease?!.
They having failed to do so, it would be
well to give ihe intimation through meet?
ings of the people, coupled with the re?
quest that the lieutenant-governor convene
the Legislature ns early as may be possible.
This would relieve the United States
Government from an abnormal position,
involving complications and expense, and
civil authority would be, ipso facto, re?
instated. If it were well understood that
the States would forthwith enact gradual
emancipation, the constitutional question,
the question of compensation, and all
controversy in relation to the proclama
tion, would be gotten rid of. The G .mo- ,
ral Government having satisfied'any sup?
posed obligation incurred, und perfectly
aware that control given to officials inex?
perienced and without sympathy with the
interests involved, must necessarily cause
mischief, would gladly leave tho whole'
matter with the States.
Obviously, from considerations of hu
manit3,1 the slide into the transition state
should be as gentle as possible; no harsh
disruption of family ties, no violent
change in the modes of occupation. Since
wages have been proposed to our laboring
class, let wages be conceded; and yet.
however, so far as plantations are con?
cerned, this should not be in monthly pay
menis, but by a certain portion of the
clear proeeods of the year'6 transactions,
tr? bc distributed at the Christmas holi?
days. The proprietors distribute organ?
ized estates, and. in many eases, have on
hand the crops of several years. Let all
be counted in at the stan, an t mainte?
nance, medical attendance, payment of
taxes, tte, be continued ns heretofore. Let
the labor, where its nature will admit, bo
task woik. according to the established
custom of the country; the head man ouch
day reporting delinquent?; they to be
heard in their defence, and arbitration
had, when claimed. A monthly abstract,
shoeing the time lost by each idler, to be
made out and read to the assembled work
era. For the first rive years, let the remo
neration be one fifth of the nett income
from sales, etc.; for ihesecmd, one-fourth;
for the third serio?, one-third; a:id for the
fourth som! decade, one-half.
This would be a veritnbb apprentice?
ship, giving a progressive stats io the
present generation, and prepr.rin^ the
rising ono for tire eventual conflict ot
capital with labor. Thc lys'em would be
a new one-not the cheeking off by the
proprietor, for Iiis own benefit, the short?
coming c i" service, but a miuiial surucU
lance over the whole operations*by all ol
the pani. ?. C.
? BALES COTTON WASTED.
?> ARTIES desiring to sell will call upon
me at the '"Shiver Couse."
J'j'y 19 4* ?. P. BRAUCH.
Farmer's and Exchange Bank of
Charleston, S. C. >
A MEETING of the Directors of this
Bank will be held at the office''of the
President. No. 84 Broad street, (up stairs,)
on THURSDAY, July 27, proximo.
A full meeting is earnestly requested, ns
business of much importance will be
brought before them.
WILLIAM WHALEY,
President Farmer's and Exchange Bank.
Charleston, S. C., July ll, lS??.
July 15_ ffi
THE TERMS OF PARDON
. Proclamation by the President of tho
United States of America.
Whereas the President of the United
States, on the 8th day of December. A. D.
1863, and on the 26th day of Mureil, A. D.
1864, with the object to suppress the ex?
isting rebellion, to induce al! persons to
return to their loyalty and to restore the
j authority of the United States, issue pro?
clamations offering amnesty anil pardoo to
certain persons who had, directly or by
implication, participated in the saul rebel?
lion; and whereas many persons, who had
eo engaged in said rebellion, have, since
the issuance of said proclamation, failed
or neglected to taire the benefits offered
thereby; and whereas many persons, who
have been justly deprived of all claim to
amnesty and pardon thereunder by reason
of their participation, directly or by im?
plication, in said rebellion and continued
; hostility to the Government, of the United
1 States since the date of said proclamation.
j now desire to apply for and obtain amnes
t ty and pardon:
I T > the end, t herefore, that tho authority
i of the Government of the United States
j may be restored, and that, peace, order and
-, freedom may be established, I.Andrew
! Johnson, President ot the United State:;,
. do proclaim and declare that I hereby
j grant lo all persons who have directly or
j indirectly participated in the existing
? rebellion, except as hereinafter excepted,
I amnesty and pardon, with restoration of
j all rights of property, except as to slaves,
and uxcept in eases where legal proceed?
t i ii gs, under the laws of the United States
providing for Ihe confiscation of property
i of persons engaged in rebellion, have been
instituted, but on the condition, neverthe
! less, that every sueh person shall take and
j subscribe the following oath or atti rm a
I tiont ami thenceforward keep and ruain
I tain said oath inviolate, ni.d which oath
j shall be registered for permanent preser?
va! ion, and shall be of thc tenor and effect
following, to wit:
1,-, do solemnly swear or
aili rm, in presence of Almighty God, that
I I will henceforth faithfully support and
! defend the Constitution of thc United
I States and the Union of the States there?
under, and that I will in ?ike manner
abide by and faithfully support all laws
and proclamations which have been made
during thc existing rebellion with refer
euee to the emancipation of slaves. So
help me God.
The following class of persons are ex
I empted from the benefits of this procla?
mation:
1st. All who are, or shall have been,
pretended civil or diplomatic officers, or
? otherwise, domestic or foi"?L'ii agents ol
I the pretended Confederate Government.
2d. All who left judicial stations under
the United States to aid in the rebellion.
lr " ?ld. All wiio shall have been military or
naval officers of said pretended Confede?
rate Government'abnve the rank of colonel
. in the army or lieutenant m the navy.
I 4th. All who left seats ri the Congress
1 of the United States to aid the rebellion.
I 5th. All who resigned or tendered resig
i nations of their commissions in the army
j or navy of the United States to evade duty
' in resisting the rebellion?
6th. All who have engaged in any way
. in treating otherwise than lawfully na pri
; so?era vi war persons found in th? United
states service, as officers, soldiers, seamen
or in other capacities.
? 7th. All persons who have been or are
! absentees from the United States for th*
j purpose of aiding the rebellion. ,
8th. All military and naval ofneers ir
j the rebel service who were educated hy
j the Government in the Military Academy
at West l'oint or the United States Nava!
Academy.
9th. All persons who held the pretender.
offices of Govern? r of States iii insurrec
I tion against the United States.
I 10th. All persons who left their home
I within the jurisdiction and protection o
I the United States, and passed beyond t.h<
I Federal military lines into the "so-e?dle(
j Confederate States for the purpose of aid
ing the rebellion,
j 11th. Ali persons who have been en
? gaged in th* destruction of tho Commerz
j of the United States u;-oi: the high seas
I and who have made raids into the" Unitei
' States from Canada, or been engaged ii
j destroying the commerce ol' the Unitei
States upon the hike.H and ri vets that sepa
j rate the British provinces from the Unitei
j Slates.
. I 12th. All persons who, at the time whe
1 they Reek to obtain the benefits hereof b
taking the oath herein prescribed, are i
I military, naval or civil confinement o
j custody, or under bonds of the civil, mil
, I ta ry or naval authorities ot agents of th
L'nited States, as prisoners of war or pei
sons d-tained for offences of any kim
' eitli'-r bei'ure or aller conviction,
j lath. All parsons who have voluntaril
j participated ia said rebellion, and the est
i mated value of whose taxable property
over twenty thousand dollars.
' 14th. All persons who have taken tl
oath of amnealy as prescribed in the Pre?
sident's proclamation of December 8, A.
D. 180>5, or an catii of allegiance to the
Government of the UnitedlStat.es since the
date of said proclamation, and who have
not thenceforward kept and maintained
the same inviolate.
Provided, that special application may
be made to the President for pardon by I
any person belonging to the excepted
classes, and such clemency will be ?ibo I
rally extended as may be consistent with
tho facts of the ease and the peace and
dignity of the United States.
The Secretary of State will establish
mies and r?gul?t ions for administering and
recording the said amnesty oath, so n3 to j
insure it3 benefit to the people and guard
the Government against fraud.
In testimony whereof, I have hereunto set j
my band and caused the seal of the
United Slates to be affixed.
Done at the city of Washington, the 2'Jib
day of May, in the year of our Lord !
18t<5, and of the independence of the!
United States the eiehtv-ninth.
ANDREW JOHNSON". j
B3* the President:
WM. 11. SEWAHU, Secretary of State |
June t?>
Headq'rs Department of the South,
HILTON HEAD. S. C., JOSE 27, 1865.
GENERAL ORDERS NO. l0->. I
\5S71TH a view to establish and preserve I
it good order, settle disputes, encou-j
rage industry, compel obedience to laws 1
and orders and educate the poor, the fol- ,
lowing rules and regulations are hereby j
established, and will be put in operation j
throughout this Department witt! as little
delay as practicable:
I. District Commanders will divide their !
commands mto sub-districts of suitable I
si/e. each comprising one or more Counties, i
Parishes or Congressional Districts. To
each sub-district thev will assign a e-mi
manding officer, (with a suitable number j
of troops.) an Assistant Provost Marshal
and tm Assistant Provost Judge. A per- I
manent Provost. Guard will be placed !
under the immediate orders of the Assist- !
aol Provost Marshal.
II. Within each sub-district Superior j
Provost Courtsand'Circuit. Provost Courts, I
composed of not more than t hree members
each-shall bo held at stated times and ;
places. The Superior and Circuit Provost !
Courts to have concurrent jurisdiction
over all cases as hereinafter specified that 1
can be properly tried before them.
III. The Superior Provost Court will .
habitually hold its sessions at sub-district
headquarters; and will be presided over :
by the Assistant Provost Judge, who may |
associate with him one or two respectable j
loyal citizens, giving tho. preference to j
local magistrates, other things being equal. '.
IV. Circuit Provost Courts shall be held j
at important points and at stated times .
within the sub district, and shall be pre- j
sided over hy one of the nienaber*" ?if the 1
Superior Provost Court, designated by thc 1
sub district cominan.1er for that, purpose. .
The President of tho Circuit Provost Court j
may associate with bim one or two loyal
citizens or magistrates.
V. The courts above named shall have
power lo try nil cases between citizens,
and between citizens and soldiers, and all ,
crimes and al! violations of military orders
ami the laws of tho United States which \
do not come within the jurisdiction of a ;
court martini, and to issue tho usual pro :
'ss for the attendance of witnesses, and
uecrees for the possession of property, and
for the payment >>f debts, damages and ?
costs. The decrees will go only to the
right of possession and not of property.
They may impose tines not exceeding one ?
hundred dollars (?100) and imprison not ?
exceeding two months. Offences by citi- j
zens requiring a severer punishment, will ?
be tried by a military commission. They
will appoint their clerks and ot her officers, j
shall keep a record of their proceedings, j
.subject to the revision cf subdistrict and j
higher commanders, and will adopt, rules
and forms of procedure, which shall be as 1
.' imple ns possible. Citizen members of !
courts may be allowed three dollars for .
each days' attendance. The fees charged
will be merely sufficient to pay all expenses.
NI. Appeals from the Provost Conrts
will be bad to the sub district and district
commanders, under such rules ami cm such j
terms as the district commanders may
provide.
VII. All parties to suits before the Su
perior or Circuit Provost Courts may J
employ counsel. Rut all persons bringing i
suit or appearing as counsel before said j
courts, ns well ns the citizen members of I
\ said courts, will be required to give proof j
that they have taken thc oath ?>f aile- !
gianee.
? VIII. It is the duty of tho military nu
thorities throughout this Department.
! when called upon to do so. to aid 'the
i Assistant Commissioners and Agents of
j the "Bureau of Refugees. Freedmen and
; Abandoned Lands," in the execution of
' their duties under the laws of the United
j States and the orders of the Commissioner
i of said Bureau, issued in accordance
therewith; and,* when there is no such
Assistant Commissioner or Agent upon the
spot, to take cognizance themselves of ail
, violations of such laws and orders. All
eases of such violation may he nied before
the conrts hereinabove authorized.
IX. All cases properly coming within
the jurisdiction of these courts will bc
brougiit to trial promptly, and all unue
I cessary arrests of citizen* wiil bc avoided.
X. The existence 0;" tho courts he rei 11
I above authorized will cease whenever and
! wherever thc functions of the officers of
j the civil laws are restored to < peratiuj by
- proper authority.
XI. District an-] etib-distriet command- j
ers are directed .io [>rO'fi?l*, whenever j
practicable, for lin? education of ?be chil?
dren of the poor within their command?;
and for that purpose 'hey aro authorised
to detail regimental chaplains and non?
commissioned officers and private? for
teachers.
The education cf the children of Re?
fugees and Freedmen will be relinquished
into the hands of the Assistant Commis?
sioners and Agents of the Freedmen's
Bureau, whenever they are in readiness to
take charge of the same. Bv command of
Maj Gen. Q. A. GILLMORE.
W. L. M. BORGES. Ass t Adj't Gen'L -
July 13
Headq'rs Department of the South,
HILTON HEAD.S. C.. JUNE 28, 1S65.
GENERAL ORDERS NO. 104.
^I^IIM following regulations concerning
JL Military Courts am republished from
the General Orders of thc War Depart
ment, with additions and modifications.
All parts of Department. Orders inconsis?
tent herewith aro revoked:
I. "Where a post or district command i*
composed of mixed troops, equivalent to
a brigade, the commanding officer of the
department or ariny will designate it in
orders as 'a separate brigade,' and a copy
of such order will accompany the proceed?
ings of any general court martial con?
vened by sue!? brigade commander. With?
out, snell authority, commanders of posts
and districts having no brigade organiza?
tion will not convene general courts mar?
tial." (General Orders No. 251, A, G. O ,
series 1 ?ti4 )
H. No one in the Department, save the
commanding General, eau appoint L'encrai
courts martial or military commissions,
except the commander of a division or a
separate brigade, ami the order appoint?
ing Hie court must he dated "Hesdquar
ter-. Division," <>r "Headquarters, Separate
Brigade," as the cn*ema\ be.
III. "Ali communications pertaining to
questions of military justice, or the pro
eecdir.gs of military courts and commis?
sions throughout the annies of the United
Stale--, must be addressed lo the Judge
Advocate General; ?md commanding of?
ficers are enjoined to forward promptly to
the Cuieau of Military Justice all proceed?
ings of courts mart ia 1. military commissions
and courts of inquiry, together with the
orders promulgating decision thereon.
.Indite Advocates will be held responsible
for the prompt execution of this paragraph,
and they are required io forward to the
Judge Advocate Genera!, at the end of
eaeli month, a list of al! eases tried and to
be tried within their jurisdiction." ((Jen.
Orders No. -27o, A. G.O., series I SGL)
IV. To carry out the foregoing para?
graph, all officers within the department
authorized to appoint, courts marti:'.],
military commissions or courts of inquirv.
will, on the 27th of each month, send to
the Judge Advocate of the D< partaient
two reports. In the first report, they
will state the name and rank of all persons
tried duriug thu month before courts or
commissions appointed by them, with tile
nature of the charges, and also whether
tht; proceedings in each ease have been
(1 ) approved, {.!) pub/i.s/icdand (3) funrard- a
by them; and rf not, the reason why. In
the second report, they will state the
names and rank of nil persons against
whom charges have heen preferred, bu!
who remain untried a', the date of th.;
report, with the nature of ihe charges,
and nlso whether ^-acli case has been sent
to a court or commission l'or trial; and il
not, thc reason why. (Circular No. l-l. I)
S., series 1S64.)
V. "Whenever fines are imposed bv
semence of general court, martial or mili?
tary commission upon officers or citizens
the Judge Advocate of the court or com?
mission will make a special report of the
fact to the Adjutant General, giving n
copy of the sentence in the ease. Tin
officer who confirms a sentence imposing
a tine will transmit to the Adjutant Gene?
ral a special report thereof, together with
n copy of the order promulgating th?
proceedings." (Geneial Order.*. No. 258,
i'ar. I, A. G. O., series 1804.;
j VI. The fines will be paid to the ebie
officer of the Quartermaster's Departmeni
nt the place where t'tu prisoner may be
and no other person is authorized toreeeivi
them. Such fines must not be applied tc
any purpose, but the officer receiving then
will forthwith remit the amounts to th.
Adjutant General of the army, with th?
names of prisoners who paid them, an<
the number of the order promulgating tb
proceedings. (Geneial Orders No. 258
Tar. II, A. G. O., series 1SG4 )
VII. To avoid delay arising from th
j absence of Brig. Gen. L. Thomas, cheek
i forwarded, ou account of fines under th
; above paragraph, will be made payable t
i "the Adjutant General U. S. Army, c
! order,"' without, inserting thc D.ime. (Se
Circular A. G. O., dated Nov. 19, 1864.)
I VIII. "In all cases'where fines are irr
j posed by sentence of general courts mai
i Pal or military commissions, a provisio
i should be added to tl?? sentence that tli
prisoner shall be confined until the fine!
. paid. A limit may be fixed to the peno
j of such confinement.'' (General Ordei
! No. 61, A. G. O., Far. I. U. S )
I IX. "in ease the provision has her
j omitted from the sentence, that a prisoni
! shall be confined until the fine is paid,
1 special report, will be made to the Adj'
j tant General of Iiis failure to make pa\
; ment, and he will not be released withoi
; orders from the War?Department, exec*
j on payment, of the fine.'' (General Orde
j No. 61, A G. 0 . Par. II, C. S.)
X. ."Stoppages of pay against officer: '
' enlisted wen aro nat 'firW ic the sense
ib? 'Order.' " (G-mer?! Oidora No, Ol.
Far. II], A G. O.. ?. S.)
Xl. In a ease requiring th.; confirmation
of tire General commanding th;- depart?
ment, the of?eer ordering il?.e court, or I;:.?
successor, vii: not >m>'yly forward tho
record, but. will " formally net upon the
I case, and express bis approval 0'r disap
j prov::', upon the record. (See Digest of
? Opinion of Jud.,'<> Advoca}*. General' p. 8.> .
i XII. All records ot military courts <aili
I be transmitted to tho Judge Advocate
j General, through tins-: Headquarters, and
j in no ease will be sent to Washington,
j direct.
I - XIII. When several casc3 nr- ftablitdud
j ra the sumo General Order, ?be re?orri ir.
each xep/iraU: case will be accompanied by
a copy of that order, or so much thereof '
as relates to the particular case, and whe:.'
the court is ordered from the headquarters
j of a separate brigade, rarh cane will bo
accompanied by an official copy of that
i paragraph ot General Orders which or
J ganizos th? separate brigade.
I XIV". Officers empowered to appoint
courts are earnestly enjoined to bring all
accused persons lo a speedy trial, and to
publish ?md execute promptly the sen?
tences ol tb? 3 courts. A delay of justice
is often ns detrimental to the public ser?
vice us its tola! denial Bv command of
Mn j. Gen. Q. A. G ILL ?VI ORE.
W. L M. Bcr.CE;:, ASS''; Adj't Gen.
July 10 S
Headq'rs 4th Sub-District. Military
District of Charleston, D. S-,
CITY OF COLUMBIA. S. C.,
JULY 17, 1865.
GENERAL ORDERS NO. ?.
[N compliance with (iener.il Orders No
Hr.!, Headquarters Department of th?:
South. <lated nt Hilton Head, S. C.. Jude
27. 1S65, the following officers and ci tizens
are announced as the Boord constituting
the .Superior and Circuit. Provost Courts of
this Sub-District, and, for the present, will
convene their sessions at Columbia, S. C.:
Snjyerior Court.
' 'Jd Lient. G LO UGH W. IDEN, 25th
Reg't O. V. V. I., Provost Judge.
LAN ILL P. MCDONALD, Esq., of Co?
lumbia, Associate Judiff.
ANDREW (;. H A SK IN, Esq , of Colum?
bia, Associate .Indee. '
Circuit Court. *
AVill be presided over by ono of the
Associate Jude>-s. to ba designated by the
Sub District Commander. By order of
N. HAUGHTON;
Lt. Col. !2.5tb Rec'' 0. V V. L. Com',le.
JOHN WALTON, Lt. 25th Reir't O. V" V.
!.. A. A. Ad) 1. '.'on. July I!? fi
Headquarters "United States Forces,
CITY OF COLUMBIA, S. C.,
.Icm- M. 18?5.
GENERAL ORDERS NO. 8.
.4 LL Permits issued from tlicsP he?d
j f. qum ters. in accordance with General
Orders No. 4, to sell intoxicating liquors
to citizens by th? bottle or ?tlmrwise, ar.
hereby revoke', nod all sabs ol such
liquors nr.; s' riot ! v prohibited, except upon
certificates oi necessity from respectable
surgeons or physicians and special permis?
sion from these headquarters. Tb?s mea?
sure bas been rendered necessary by thc
constant abuse of thc privilege heretofore
granted liquor sellers, many o-f theiir hav?
ing repeatedly violated tho order forbid
ding the sale of liquor W> enlisted nif-a of
the I nit'-.l Slates arm*.', as wei) ns to n.
groea and citizens of a disreputable cha?
racter. By order of
Lieut. Col. N. HAUGHTON",
25th O. V. V. I., Command'^ Post
JOHN WALTON,, Post Adjutant. jnJy 15 0
Headq'rs United States Torces,
COLUMBIA, S. C.. .JULY 14, 1805.
GENERAL ORDERS NO. 10.
lUHEREAS information bas been received
?* at these Headquarters that cattle and
other stock have been turned into Sidney
Park without authority from tho Relief
Committee of Columbia; ab.", that tho
hydrants about the city have been opened
and left open bv unauthorized persone,
whereby largo quantities of wai*r have
been wasted:
Il is, therefore., ordered that hereafter
no person shall be permitted to turn cat?
tle, bogs, horses or stock of any sort into
the pound of Sydney Park, nor to destroy,
remove or pull down any part of tho
fencing or encjtxmrs "f said Park, without
authority from the Relief Committee or
from these Headquarters. Nor shall any
person or persons, except The Fire Compa?
nies, or persons duly authorized by said
Relief Committee or from these Headquar?
ters, be permitted to open any hydrant
within this eit\ ; and any person or per
sons offending herein, on being reported to
these Headquarters, Will be punished with
the extreme ligors of the law. By order
of Lieut; Col. N. HAUGHTON.
Commanding.
JOHN WALTON, Lieut, and Post Adj't.
July 15 6
Headquarters Military District of
Charleston,
CHARLESTON, S. C.. tI.LY 6, 1SG5.
G KN ERAL ORDERS NO. 09.
A NY officer or soldier having in his
J.Y. possession captured or abandoned
property of any description, will, on the
j demand of T. C. CALLICOTT, Esq., Sup.
\ Sp'l Acent U. S. Treasury Department, der
j liver the same to him.
j Means of Transportation held by the
I Quartermaster's Department, the neces
j sa ry Docks, Storehouses and Offices, with,
the Furniture pertaining P> the same, will
bc retained by thc Military Executive
Departments. By command of
Brevet Maj. Gen. JOHN P. HATCH
1 Lr.oN-AFT> T> Pr.BRT A .-rt Ad j't G yo