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I THE MILT ??^SffiZ DAILY PAPER $10 A YEAR. "LET OUR JUST CENSURE ATTEND THE TRUE EVENT.\ TRI WEEKLY 87 A YEAR. BY J. A. SELBY. COLUMBIA, S. C., FRIDAY MORNING, AUGUST ll, 186& VOL. L-NO. Il4v THE PHOENIX ' IS PUBLISHED J) A IL Y AND TRI- WE ERL Y. AND THE WEEKLY GLEANER ?VF.RY WEDNESDAY. BY JULIAN A. SELBY. TERMS-IN A DVANCE. SUBSCRIPTION. Dailv Paper, six months.$5 00 Tri-Weckly, " " ..? GO Weekly, " " .'2 00 8ingle*c?pi?i< of the Daily and Tri-Weekly, 10 couts; ot the Weekly, 15 couts. KD\ F.nTISE JIF.NTS' Inserted in either thc Daily or Tri-Weekly at $1 per square for the first insertion, and 75 cents for each subsequent insertion. In the Weekly, ila square. XE?~-special notices 15 ..cuts a line. Important Legal Decision. A case of importance, ns showing the holdings of the Federal Courts teaching the responsibility of Confed? erate officers before the civil tribunals for military acts clone in obedience to the orders of their superior officers, ?was recently decided in the First Dis? trict Court of New Orleans: In accord n-e with the writ of habeas corpus . s sued from this Court on Saturday, Mr. John Burke pro? duced in Court the body of Robert Lynne, and showed cause why lie had arrested hint, namely: affidavits rep? resenting him as gi4?Hy of several high ' crimes. Two gentlemen testified that Mr. Lynne hid hoon an officer under? the Confederate Government, and; that he had power to shoot summarily ! jayhawkers. It was contended that : Roy. one of the persons shot, had not , l>een a jayhavker. The oath of aile- : giance, and also the amnesty oath j taken by Capt. Robert. Lynne, were tiled. The affidavit of Capt. Robert Lynne deposes that in thc early part of the year 18(>3, being then in the Parish of Avoy elles, he received from General Richard Taylor, department i commander, through his immediate ; military superior, orders to collect in carap all conscripts in said Parish; I and that in e?tse of armed resistance, I that all men so found with arms in their hands should be executed sum? marily. These orders were captured with his baggage at Staunton, Va., and he himself was taken prisoner and kept in confinement, and it is impos- : sible for hint now to produce said orders frofti his superiors, in conse- j * quence yf tho capture of the records of the.Confederate Government. The Attorney-General, Mr. Lynch, made an allie speech to show that Mr. ! Ray, who, it seems, was shot by order of Capt. Lynne, during tho prevalence . of Confederate ride in thc Parish of ! A voyelles, was not a j'ayhawker, there- j fore the caso of Capt. Lynne does not come within the protection extended by the laws of war to recognized bel? ligerents; that a Confederate grand jury had preferred charges against Capt. Lynne. On the conclusion of the Attorney-General's speech, the j counsel for Capt. Lynne submitted the ' case to the Judge without further ar- j gument. The Judge thereupon pro? ceeded to deliver his opinion. The Court stated, in substance, that it had been proved Capt. Lynn^> had acted under orders of his superior officers, and that the Confederate Government was a Government de fado at that time in that Parish; that to make per? sons amenable in the civil c mrts after the war was over for acts committed during a state of war, Avould open so wide an arena for endless strife that the consequences would be awful, and .tend rather to create endless dissen? sions than that state of harmony that should now be cultivated; that acting under any o lier principles, all the soldiers ot Gen. Lee's army might be indicted individually; that in the.ex change of prisoners and other things, 'the United States had -recognized the Confederate's as entitled to the rights .of belligerents. He, therefore, order? ed the release of Capt. Lynne instan? ter from all the charges preferred against him, without, however, im? peaching the motives of the Attorney General, Mr. Lynch, or those of the Chief of Police, Mr. Burke, as he be? lieved they acted from zeid in the dis ..hnrge?>f thoirdnty. , Indian Troubles. Missourians little know the troubles to which their brethren aro subjected from the Indians; while on their way to peaceful homes in' the North-west Territories. Speaker Colfax saw some of the dangers on the road from Den? ver to Salt Lake, and telegraphed to Washington for five or six thousand troops, but they arrived tipo slowly to give efficient protection To the thou? sands of pilgrims now on the road. The friendly Arapahoes, of whom four or live hundred are camped near, und fed at Fort Halleck, seem to be the aggressive parly at present. Feigning to desire to go South in quest of buf? falo, seventy or more, warriors drew six days' rations. Then commenced the depredations and massacres. In the very face of the fort, June 27. they drove off twenty-six head of stock from Elk Mountain station, and on the 3d ult., fifteen more. Passing down, they cleared off the stock at Medicine Dow station, and burned Foote's ranche, blacksmith shop, wa? gons,-?flour and provisions, and took one hundred and nine head of stock belonging to Foote and Elder. There was a train of one hundred and fifty wagons "bunched up" near Foote's, and I saw one poor straggler's dead body brought in-split open like a log. The hills wen; black with hostile In? dians. The consternation and crying of the women and children wen1 heart-rending. At Rock Creek, twen? ty-five miles below Fort Halleck, they appeared three hundred strong. Having broken up all gold mining operations in that vicinity, they swept off eighty-five head of stock, horses, mules, oxen and cows, the thieves waving back their owners, unless they wanted to lose their scalps. Two soldiers of the 11th Ohio were killed on Rock Creek fiats. The body of one of them was mutilated in the most1 shocking manner-feet cut ou", eyes dug ont, heart taken away and bowels hanging over the aperture, head scalped, but the remaining abuses must be undeseribrd! 1 saved an old white-bearded gentleman, by his last chance of escape from Rock Creek, in j the stage. . I At Virginia Dalo station. Jim Ennis, an old hunter, was met by an Indian : professing to be a '"friendly Rappa- 1 ho," and held in conversation till six i other savages a] ?peared and shot a ' poisoned arrow through his liver. I saw him die in four hours-frothing at the mouth-a most excruciating death. Now, there has been no ! known provocation for these atroci- j ties. The Indians say, "If Hie white ! man would keep away tho buffalo would come again." But the whites won't keep away. The pacification policy will not answer. The common rules of war will not answer. I would not go for extermination; but nothing short of a very severe punishment by ! an irresistible army of white troops will teach thom to behave themselves. If squaws, abandoning their children j in their wigwams, stand in tU|jN?ilc pits to fight us, the ide*.of diserimi- I nation is absurd. One hundred of ! Col. Chivington's troops had seen j their own wives and children massa- j ered and their ranchos burnt. These I make the soldiers to deal with the treacherous redskins. [$/. Louis Democrat. EMIGRATION TO TIII: IGNITED STATES. The Committee on Statistics of Emi? gration in Hamburg has published a report sh owing that from 1855 to 18(51 there left from the port of Hamburg 214,889 emigrants, from that of Bro- . men 270,256, and from tliat of Liver? pool 1,037,479. From this number j arrived in New York 1,232,1)01, and in Quebec 187,003. The emigration of | \ Bohemians to the United States was 1 never so large as during the present season; and the number of emigrants during this year has so rapidly in? creased that weekly extra trains have to be run to bring them in proper time MI board the sailing vessels and steam? ers on which thoy have engaged their passage. The King of Greece has ordered a monument to be erected to Byron, at Missolonghi. It is to be inscribed writh the date of his death, 19th April, 1824, and to be erected near the spot vhere he died. Zealy, Scott <St Bruns, I ASSEMBLY STREET. Columbia Gas Light Stockholders' Assessment. rilHE subscriber is now ready to receive .JL the nbovo at Iii? office, corner of Plain and Assembly streets. Payment is required en or before MONDAY, the 14th inst. Aux'..);. JACOB LEVIN. r JJ \ \ L ll, Duli ALI I -? DU \\ Willi, (Snc'sors to Uotchkfe*, Fenner ?V Bennett,) COW* MERCK?NTSt 40 VESSEY STREET, NEW YORK, AND MEMPHIS, TENNESSEE. Tnos. rr.NNKn, u. BENNETT, I>. W. BOWMAN. MK. T. A. TOBIN, who was for a length of time connected with thc old timi bf Llotehkiss, Fenner ft Bennett, lia? an inter? est in the present tirm, and will devote, his attention principally to thc State uf South Carolina. His address will be Clinton, Laurens District. Aug 4 imo 40, 4?740 ]JUDIE FRESH BUTTER. LEAF LAUD. For 10 cents per ponnd,at the Clieap Store. ZEALY, SCOTT & BRLXS~ Assembly Street. 3 0. niSIS, SIIOIMRS ASO CACOS, 1AAA LBS. BACON, at thc above | ,1/1 f\ f tigure, at the . I AUK ? CHEAP STOKE. ? j WKW -GOOBS, I OPENING AT i SUELTOS, CARO & W ALSH'S, Ii I'LL STREET. i TUST received from New York, Philadel? phia and Baltimore, a large assortment of Gentlemen's, Ladies', Misses' and Child? ren's SHOES, in great rtirietv. In addition to former stock, we aro open? ing a tine assortment of GOODS, consisting in part nf: Ladies" HATS, the latest fashion. Hoop Skirts. Ladies' Hosiery. Mens Hose. Ladies' Waist Belts. Pius, Powder Puffs and Powder. Cond>s, Brushes. Toilet Soap. Lemons. Copperas. Water Buckets. Blacking. Bologna Sausage's. Window Class. Suspenders. Candles, Matches. Black Popper, Soaps. Sweet Oil, Coffee. Sugars. \\ hisk Brooms. (?reen Tea. (line.) ?L7? peril)., Herrings. Starch, Mackerel. Smears, ?hite and brown Claret, Champagne, Bourbon Whiskey. Sugar of Lemon, for making Lemonade. Cheese, Brooms, Water and Fancy Crackers. Rim Knob Loeks, Pad Lock?, ftc. Notice-Charitable Appeal. rTlHE holies of the URSULINE CONVENT .JL and ACADEMY are anxious to rebuild, as speedily as possible, an edifice suitable for their Monastery and Institute, theirs having been burned in the general confla? gration of Columbia by tin* United States Army, under Gen. Sherman, on thc night of FebrJtary 17th. And while they are far frontpressin-jf their necessities on their fel? low-sufferers of the South, will gratefully receive ?nv cfJhtribntions which the friends of education and religion may donate them for this excellent work. Remittances may be made through the Express Company. Please address THF MOTHER SUPERIOR, Ursuline Convent axd Academy, Care Dr. John Lynch, Columbia, S. C. Aug 2 Imo ?. LTSOLOMON, General Commission Merchant. Second Door from Shiner House, Plain street, COLUMBIA, S. C., DEALER in foreign and domestic mer? chandize. The highest market price paid For COTTON and COUNTRY PRO? DUCE in gold or currency.? Consignments solicited, which will receive my usual prompt ittention. Refer to C. R. Crump ft Co., Augusta, Ga., LaRoehe ft Fell. Savannah, (ia., Gibbon ft Co.. Charleston. S. C., Koopman A Phelps, Charlotte, N. C., Fuller ?V Wilkerson. Loasburg, N. C., R. P. Richardson, ReadsvUIe, N. C., James K. Lea, Yancey ville, N. C., Chambers ft Patrick, Danville, Va., Brownly ft Co., Petersburg, Va., Kent, Paine & Co., Richmond, Va. Aug I fs27_ MUSIC. A small assortment of CHOICE MUSIC, ?TL bv the old masters-Beethoven and >thors"-for cale at MCKENZIE'S, Aug 5 Corner Plain and Gates streets. The New Yfctk News. DAILY and WEEKLY. TrtE KEW YORK WEEKLY NEWS, a gr\t family news? paper-BENJAMIN WOOD, l\ oprictor-the largest, hest and cheapest pa\^r published in New York. Single copies, cents; one copy one year, $2; three copie? one >year? 5.50; rive copies one year, 8.75? ten copie? one year, 17; and an extra copy tv &ny club of ten. Twenty copies one yeat, ;j?; the Weekly Netes is sent to clergymen at l.co. NEW YORK DAILY "NEWS. To mail subscribers, $10 per annula; six months, 5; payments invariably in advynce. Specimen copies of Dailv and Weekly IVws sent free. Address BENJ. WOOD", Daily News Building, No. 19 City Hall Square, New York City. Aug t)_-_ THE CHRISTIAN INDEX. ~ BY the FIRST OF OCTOBER, or as soon as thc mails an: re-established, I will renew the publication oi the "CHRISTIAN INDEX"' and the "ClIlLD S INDEX" I have been publishing. Price ?d' "Index,'"perannum.$3 00/ Price of "Child's Index," " . 50 (A deduction made for Clubs.) Money may be remitted at, once, as my determination is positive. My desire is tb sceuro a large subscription list with which to begin, and I issue this prospectus that subscribers may have time to forward their remit? alices. It is my intention to issue first class papers, and no pains or expense will be spared to secure that end. The best writers and correspondents will be secured, and the highest religious and literary talent will be given to the papers. The CHILD'S PAPER will be profusely illustrated and will, in every sense, be made to conform to its new title, THE CHILD'S . DELIGHT: Money may be sent by Express or other? wise-ii* by Express, at my risk, if tim Ex? press receipt is sent me, on the resumption ot mail facilities. My connection with thc linn of? J. W. Burke <& Co., is dissolved, but I will esta? blish an office in Macon. Coorpia, whero communications maybe addressed. Aug 5 Imo " SAMUEL BOYKIN. A GREAT WAAT SUPPLIED ! NEWS FROM A LL QCARTERS! PUBLISHED At the Capital of South Carolina, COLU 3VT BIA. JOB nen as HAND-BILLS, CARDS, OIRCF IARS, SHIN-PLASTERS, etc., oxeentec' romptly and at reasonable rates. jr LI AX A. SELBY, July 31 Publisher and Proprietor. THE DAILY MS,T, ISSUED everv morning except Sundav, is lilied with the LATEST NEWS, (by tele? graph, mails, etc..) EDITORIAL, CORRES? PONDENCE, MISCELLANY, POETRY, STORIES, etc. This is thc only daily paper in the State outside of thc city of Charleston. The Tri-Weekly Phcenix, For country circulation, is published every Tuesday, Thursday and Saturday, and has nil the reading matter of interest contained in the daily issues of thc week. WEEKtV A HOME COMPANION. As its name indicates, is intended as a FAMILY .TOURNAI,, and is published every Wednesday, lt will contain Eight Pages, )f Forty Columns. Thc cream of the News, Miscellany, Tales, etc., oi thc Daily and rri-weeklv will be found in its columns. TERMS-INVARIABLY IN ADVANCE. Inilv, one year.$10 00 " ' three, months. 3 00 Tri-Weekly, one year. 7 00 " " three months. 2 00 Veekly, one year. 4 00 '. * three months., 1 25 Advertisements inserted in thc Daily or ?ri-Weel?ly at $1 a square for the first in ertion, and 75 cents for each subsequent nsertion. Weekly advertisements SI a quare every insertion. CALL AT G. S. Jenkins' ST$S?i ?Assembly Street,, THIRD DOOR FR&M kPENDLETON. Aug 10_M) W. B. JOHNSTON, Office on Picken* rtreet East end of Lady. WILL attend to all official business brought before him; will also attend to drawing up Deeds, Conveyances, Mort? gages, Contracts, and other ordinary legal instruments of writing. Fair copie? of any document executed with neatness and de? spatch. August 1 . ZBALY, SCOTT & BliT ASSEMBL Y STREET. Hcmlq'rs Department of thc South, HILTON HEAD, fi. C., JULY 29, 18G5. GENERAL ORDERS NO. 9. IT is announced, for the information and government of this command, that BEN? JAMIN F. PEBBY, of South Carolina, has been appointed, by the President. Provi? sional Governor of the-State of South Curo lina, with authority and instructions, "at the earliest practicable period, to pfescribe .such rules and regulations as may nc neces? sary and proper for convening a Convention, composed of delegates to be chosen bv that portion of the people of said State who aro loyal to the United States, and no others, for tho purpose of altering or amending tho Constitution thereof ; and with authority to exercise, within thc limits of said Sta+e, ail thc powers necessary and proper to enable such .loyal people of the State of South Carolina to restore said State to its consti? tutional relations to the Federal Govern? ment, and to present such a Republican form of State Government as will entitle tho State to thc arnarautce of the United States therefor, and its people to protection by tho United States against invasion, insurrection and domestic violence: Provided, That in miv election that may be held for choosing delegates to any State Convention as afore? said, no person shall be qualified as an doc? tor, or shall be eligible as a member of such Convention, unless he ?hall have previously taken and subscribed the Oath ot Amnesty, as set f<irth in t?H^fresident's proclamation of May 2!t. A. D. iftr>, and is a voter quali? fied as prescribed ny the Constitution and laws of the State of South Carolina in forco immediately before the seventeenth (17th) day of November. A. D. 1H6U, the date of the so-called Ordinance of Secession; and the said Convention, when convened, or tho Legislature that may be thereafter assem? bled, will prescribe the qualification of electors, and the eligibility of persons to bold office under thc Constitution and Jaws of the State, a power the people- of tho several States composing the Federal Union have rightfully exercised from thc origin of thc Government to the present timo." It is, therefore, ordered, that all officers and other persons in the United States military service, within CH; State of South Carolina, aid and assist Governor Perry in r>arr\ing into effect the foregoing instruc? tions, and they arc on joined to abstain from, in any way, hindering, impeding or lisconraging the loyal people of the Stato "rom the organization of a State Govorn nent, as hereicabove authorized and di .eetcd. All orders and instructions now in opera ion throughout this Department, whether .manatin^ from these Headquarters or rom Headquarters Department of tho ?outh, that are not inconsistent? with tho oregoing distinctly specified provisions of his order, will continue in force an hereto bre, throughout the State of South Caro? ma. Every needful facility for taking tho Ani icsty Oath will be afforded by tb* military Uthorities, on forms heretofore" supplied or that purpose. Hereafter Provost Marshals and Assistant 'rovost Marshals will constitute the only lilitary officers entitled to administer tho manesty Oath, a certified copy of which rill, in all cases, be furnished to the indivi ual taking it. The oi%inal oaths will bo ransniitted, semi-monthly, by tho officer dministerin^ the same, to the Provost larshal-General at these Headquarters, by hom they will be recorded in a book kept ir that purpose, and then forwarded to tho ccretary of State. Persons upplying for Executive clemency ill send their petition (with a certifiod. ipy of the Amnesty Oath attached) to tho resident, through the Provisional Cover? er, at Greenville, South Carolina. Bv com? and of Maj. Gen. Q. A. GILLM?RE. W. L. M. BURGER. Ass't Adj't Gen. , Official: T. D. HonoES, Capt. 35th U. S. T., A. A. A. G. ' Aus 9 4 t-udqtiartrrx Military District of Charleston. DEPARTMENT SOUTH CAROLINA. SSISTANT ADJUTANT-GEN. S OFFICE. CHARLESTON, S. C., July 27,18r,?. '0 TICE. PERSONS desiring to publish Newspapers within the Emits'of this District, are sreby informed that it will iirst bc neces ry to obtain the consent of thc Major mera] Commanding the Department. By command of Brevet Brig. Gen. JOHN P. HATCH. LEONARD B. PERRY, Ass't Adj. Gen. Official: E. E-'.LSi> JrwiTT. 1st Lieut, and A. A. A itt. Aug 7 IS