THE DAILY
Daily Paper $10 a Year.
'Let our Just Censure
BY J. A. SELBY.
COLUMBIA, S. C., WEDNESDAY MORNING, DECEMBER 20, 1865.
YOL. I-NO 9,o'?
THE PHONIX,
PUBLISHED DAILY AND TIU-VTEEK.LY,
BY JULIAN A. SELBY.
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SCBSCHIPTIOX.
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.. ADVERTISEMENTS
Inserted at $1 per square for thc first in?
sertion, and 75 cents for each subsc meat.
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Counting House Calfmlar for 16G6.
THE FOKBEST DIVORCE CASE.-The
New York correspondent of tho
Province Journal, gives the following
information of a new legal point in
the Forrest divorce case :
The application of Edwin Forrest
to the Supreme Court of the United
States for a proceeding to set aside
the judgment of the Supreme Court
of this State granting a divorce to
his wife, Mrs. Catherine N. Forrest,
on the ground that their marriage
occurred in Great Britain, and there?
fore could not be abrogated by any
court of law iu the United States,
will probably come up for argument
during the session of that tribunal
now approaching. The assumption
of Mr. Forrest is a novelty ; but I am
decidedly of opinion that it will be
sustained.
Burning of the Museum.
LETTER FROM MR. BARNUM.
NEW YORK, Julv 14, 18G5.
MESSRS. HERIUKG A Co.-GENTLEMEN:
Though thc destruction of the American
Museum has proved a serious loss to my
Belf and the public I am happy to verify
thc old arlage, that 'Tt's an ill wind that
blows nobody good," and, consequently,
congratulate you that your well known
safes have again demonstrated their supe?
rior tire-proof qualities in an ordeal of un?
usual severity.
The safe you made for mo some timo
ago was in the office of the Museum, on
the second tloor, back part of thc building,
and in the hottest of the fire. I
After twenty-four hours of trial, it was
found among thc debris, and on opening
it this day has yielded up its contents in
very good order-books, papers, policies of
insurance, bank bills, all in condition for
immediate uso, and a noble commentary
on the trustworthiness of Herring's Fire
Proof Safe. Yours truly, P. T. BARNUM.
Herring's Patent Champion Safes.
'lite Must Reliable Protection from Fire
7iow Known.
HERRING A CO.'S PATENT BANKERS'
SAFES, with Herring A Floyd's Patent
? Crystalized Iron, the best security against
a burglar's drill ever manufactured.
HERRING A CO.,
No. 251 Broadwav, cor. Murr av st., N. Y.
FARREL, HERRING A CO., Philadelphia.
Oct 26 gino HERRING A CO., Chicago.
JOB WORK
Ol' EVERY KIND,
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PROMPTLY EXECUTED
AT THE PHONIX OFFICE.
ACTS OF THE GENERAL ASSEMBLY.
AN ACT PBBLTM i s AR Y TO TSE LHGISLATION INDUCED BY THE EMANCIPA?
TION OF SliAVES.
Whereas, tho Convention of this State, by the Constitution lately rati?
fied, did recognize the emancipation of slaves, and declare that "neither
slavery nor involuntary servitude, except as a punishment for crime, shall
ever be re-estaWished in this State," and did direct that, for each District
in the State, there should be established an Inferior Court, to be styled
" the District Court, which Court shall have jurisdiction of all civil causes
wherein one or both of the parties aro persons of color, and of all criminal
causes wherein the accused is a person of color." Therefore,
lie it enacted by the Senate and House of Representatives, noic met and siding
in G?nerai Assembly, and hy the authority of the same, That this Act shall
be preliminary to ' ' An Act to establish and regulate the domestic relations
of persons of color, and to amend tho law in relation to paupers, vagrancy
and bastardy ;" and an Act to establish District Courts, and au "Act to
amend the criminal law," which Acts have been induced by the Constitu?
tion aforesaid ; and that in reference to these Acts the following provisions
shall obtain :
. SEC. II. Words importing the singular number only shall be construed
to apply to* several persons or things as well as one person or tiling, and
every word importing the masculine gender only, shall be construed to
extend to a female as well as a mide, where the context does not forbid
such construction.
SEC. HI. All free negroes, mulattoes and mestizoes, all freedmen and
freedwomen, and all descendants through either sex of any of these per?
sons, sholl be known os jwsons of color, except that every such descendant,
. who may have of Caucasian blood seven-eighths or more, shall be deemed
a white person.
SEC. IV. The statutes and regulations concerning slaves are nov inappli?
cable to persons of color ; and although such persons are not entitled to
social or political equality with white persons, they shall have the right to
acquire, own and dispose of property ; to niako contracts ; to enjoy the
fruits of their labor ; to sue and be sued ; and to receive protection auder
the law in their persons and property.
SEC. V. All rights and remedies respecting persons aud property, and
all duties and liabilities under laws, civil and criminal, which apply to
white persons, are extended to persons of color, subject to the modifica?
tions made by this Act and the other Acts hereinbefore mentioned.
In the Senate House, the twentieth day of December, in the
vear of our Lord, one thousand eight hundred and sixty-five.
W. D. PORTER,
President of the Senate.
C. H. SIMONTON,
Speaker of the House of Representatives.
AN ACT TO AMEND THE CRIMINAL, LAW.
lie it enacted by the Senate and H ouse of Representatives, noir met and sitting
in General Assembly, and by die authority of the same, as follows :
SOME FELONIES WITHOUT BENEFIT OF CLERGY.
SEC. I. Either of the crimes specified in this first section shall be felony
without benefit of clergy, to wit : For a person of color to commit any
wilful homicide unless in self-defence ; for a person of color to commit
an assaidt upon a white woman with manifest intent to ravish her ; for a
person of color to have sexual intercourse with a white woman by per?
sonating her husband ; for a person of color to raise an insurrection or
rebellion in this State ; for any person to furnish arms or ammunition to
other persons who are in a state of actual insurrection or rebellion, or
permit them to resort to his house for advancement of their evil purpose ;
for any person to administer, or cause to be taken by any other person,
j any poison, chloroform, soporific or other destructive thing, or to shoot
at, stab, cut or wonnd any other person, or by any means whatsoever to j
cause bodily injury to any other person, whereby, in any of these cases, a
bod?y injury dangerous to the life of any other person is caused, with
intent in any of theso cases to commit the crime of murder, or the crime
of rape, or the crime of robbery, burglary or larceny ; for any person
who had been transported under sentence to return to this State within
the period of prohibition contained in the sentence ; or for a person to
steal a horse or a mule, or cotton packed in a bale ready for market.
SEC. LL A kitchen, smoke-house, corn-crib, store-room, dairy, servants'
room, carriage-house, barn or stable, rice-pounding mill, threshing-mill,
store-barn, mill-house, gin-house, work-shop, factory or potato-house,
within two hundred yards of a dwelling-house, and used by any person
residing in the dwelling-house, or in either of the buildings here enume?
rated, shall be considered parcel of such dwelling-house in respect to the
crimes of burglary and arson, and all crimes which, either by common
law or statute, aro constituted or aggravated by being committed in a
dwelling-house. And under this section, any house in which dwells a
watchman or other person appointed to watch or protect property, shall
be considered a parcel of the dwelling-house, of which all the buildings
just enumerated shall be protected.
SOMH FELONIES WITH BENEFIT OF CLERGY.
SEC. III. Either of the crimes spocificd in this third section shall be
felony with benefit of clergy, to wit : For any person to attempt to raise
an insurrection or rebellion in this State, or to counsel, aid or hire any
other person to raise any insurrection or rebellion, although no insurrec?
tion or rebellion may take place; ; for any person to administer, or cause
to be taken by any other person, any poison, chloroform, soporific or
other deleterious thing, or to shoot at, stab, cut or wound any other per?
son, or by any means whatsoever, to cause bodily injury to any other
person, whereby, in any of these eases, a bodily injury, serious but not
dangerous to life, is caused to any other person, with intent in any of
these eases to commit the crime of murder, or the crime of rape, or tho
crime of robbery, burglary or larceny ; for any person to commit an
assault with any kind of loaded arms,'or with a sword, dirk, knife, axe,
hatchet or other deadly weapon, whereby bodily injury to any person is
caused, with intent to commit the crime of murdin-, or the crime of rape,
or the crime of robbery or burglary ; for any person to steal or destroy,
or wilfully conceal, any last will and testament, or any paper in the nature
of a last will and testament ; for any person to break and enter any corn
crib, eotton-hou.se. gin-house, meat-house, stable, shop, store-room, ware?
house, counting-house, or other out-house, not by the second sect.'on of
this Act, or by previous law, parcel of a dwelling-house, and steal therein
any chattel, money or valuable securities ; for any person to steal any
bull, cow, ox, steer or calf ; or to steal any sheep, hog or goat ; for any
person unlawfully and maliciously to burn or destroy, or cause tobe burned
J or destroyed, any cotton, in the seed or ginned, loose; or iu bale, any corn,
j shucked or unshucked, any wheat, rice, oats, rye, barley, peas or other
grain, thrashed or unthrashed, any fodder, hay, straw or shucks, if property
to the value of ten dollars be thereby destroyed ; . for any person, unlaw?
fully and maliciously, to burn or destroy, or cause to be burned or
destroyed, any gin-house, mill-house, shop, or other out-house or build?
ing, not by thc second section of this Act, or by previous law, parcel of a
j dwelling-house ; for any servant to steal any chattel, money or valuable
security, to the value of ten dollars, belonging to or in the possession or
power of his master or employer, or being in any dwelling, house ; for any
person to take from any field, not belonging to or being in the possession
of such person, any cotton, corn, rice or other grain, although the same
may not have been severed from the soil fraudulently, with any intent
secretly to convert the same to the use of such person taking the same ;
for any person wilfully to set fire to turpentine farms ; for any person
wilfully to cut any rice field dam, or disturb any tank or flood-gate where?
by damage may be caused to the growing cropr
SEC. IV. The punishment of felony with benefit of clergy, for the first
offence, shall, at the discretion of the Court, be by one or more of the
following modes, to wit : transportation beyond the limits of this State,
and prohibition of return for a period not less than five yeans ; confine?
ment in a penitentiary, work-house, or penal farm, (when such'institutions
shall exist, for a period not less than three months, nor more than ten
years ; with such imposition of hard labor and solitary confinement as
may be directed; whipping in all cases involving the crimen falsi; dis?
qualification to vote, for a term of years not exceeding twenty, at any
election made by the people of this State, or any part thereof, for any
civil or political office ; confinement in fread-mill or stocks, solitary con?
finement, hard labor, corporal punishment ; imprisonment, not less
than three months nor more than ten years ; fine, not less than one
hundred dollars, nor more than five thousand dollars. But no punish?
ment more degrading than imprisonment shall be imposed on a white per?
son for a crime not infamous.
( SOME MISDEMEANORS.
SEC. V. The offences specified in this fifth section, shall be aggravated
misdemeanors, to wit : For any person to administer or attempt to ad?
minister to any otfler person, or to cause to be taken, or to attempt to
cause to be taken, by any other person, any poison, chloroform, soporific,
or other deleterious thing ; or for him to commit an assault on any other
person, with intent in any of these cases, to commit the crime of murder,
or the crime of rape, or the crime of robbery or larceny, or with the
intent to maim, disfigure or disable such other person, or to do some other
grievous bodily harm to such other person, or with intent to resist or
prevent the lawful apprehension or detainer of any person, although no
bodily injury may be effected ; for any servant to steal any chattel, money
or valuable security l>elow the value of ten dollars, belonging to or in the
possession or power of his master or employer, or being in any dwelling
house ; for any person unlawfully and maliciously to burn or destroy, or
cause to be burned or destroyed, any agricultural product, although pro?
perty to the value of ten dollars may not thereby be destroyed ; for a
servant to assault his master or employer, or any member of his master's
or employer's family, or any person authorized to direct and control him.
SEC. VI. All simple larcenies and thefts, where the value of tho goods
and chattels, moneys and valuable securities is stolen, is less than ten
dollars, shall be misdemeanors, punishable by whipping, corporal punish?
ment, hard labor and the necessary irnprisonnient, at tho discretion of the
? Court.
SEC. VII. Of chattels, moneys and valuable securities, which were deliver?
ed by the owners thereof to any other person to be kept, carried or other?
wise dealt with for the owner, or which were in the custody of any other
person, under any trust reposed in such other person by the owner, the
felonious carrying away by such other person, shall be larceny.
SEC. VIII. If any clerk, servant or other employee, shall receive or take
into his possession any chattel, money or valuable security, for or in the
name of, or on the account of his employer or muster, and shall fraudu?
lently embezzle the same, or any part thereof, such clerk, servant or
employee shall, upon conviction thereof, be punished in the same way as
if he had been convicted of having feloniously stolen from the employer
or master, chattels, moneys or valuable securities of the same
amount in value. In any such case, except when the offence shall relate
to a chattel, it shall be sufficient to allege the embezzlement to be of
money, without specifying any particular coin or valuable security, and
to prove the embezzlement of any amount of nionoys or valuable securi?
ties. If in any such case, upon the trial the proof shall show a lnrceny,
the Jury shall be at liberty to return a verdict that the offender is not
guilty of embezzlement, but is guilty of simple larceny, or of larceny as a
servant, as the case may he ; and upon the trial of a clerk, servant or
employee for larceny, if the proof shall show an embezzlement, the Jury
shall be at liberty to return a verdict tlmt the offender is not guilty of
larceny, but is guilty of embezzlement, and thereupon, in either case, the
effect shall be the same as if the offence whereof the offender is found
guilty had been specially alleged ; the amount in value being taken to be
that which is alleged, unless the verdict shall fix a less amount. No
person tried for embezzlement or larceny as aforesaid, shall be liable to
be afterwards prosecuted for larceny or embezzlement upon tho same
facts.
SEC. IX. If any person shall incite, procure, hire or counsel a servant to
commit a larceny or embezzlement of any chattels, money or valuable
security of his master, spch offender shall be guilty of an offence, and
according to the event, may be a misdemeanor or a felony. If the said
larceny or embezzlement should not be committed by such servant, the
offender shall be guilty of a misdemeanor, and upon conviction be pun?
ished as if he had been convicted of simple larceny of goods below the
value of ten dollars. If the 'id larceny or embezzlement should be
committed by the servant and be itself only a misdemeanor, the offender
aforesaid shall be deemed a principal in that niisd meanor, and upon
conviction be punished accordingly, if the said larceny, or embezzlement
committed by the servant should be a felony, the offender aforesaid shall
be an accessory before the fact, may be tried and convicted, whether his
principal be or bo not previously convicted, and upon conviction shall be
punished according to the nature of his crime under the law.
SEC. X. A person of color who is in the employment of a master
engaged in husbandry, shall not have thc rigid to sell any coin, rice,
pe:is, wheat or other grain, any flour, cotton, fodder, hay, bacon, fresh
meat of any kind, poultry of any kind, animal of any kind, or any other
product of a farm, without having written evidence from such master or
some person authorized by him, or from the District Judge or a Magistrate,
that he has the right to sell such product ; and if any person shall direct?
ly or indirectly purchase any such product from such person of color,
without such written evidence, the purchaser and seller nLnll each bo
guilty of a misdemeanor. The purchaser, upon conviction of any such