The daily phoenix. (Columbia, S.C.) 1865-1878, December 31, 1865, Image 5
By Telegrapli.
From Ssrannaii.
NEW YOEE, December 26.-Savaunah ad?
vices to the 20th instant, say that thc citi?
zens are forming a regiment in order to
clear tho city of murderers and robbers.
A mulatto, who was formerly expelled
from tho bar at Boston,' bas been sentenced
to one year's imprisonment by thc military
court for using seditious language.
Thc Mayor of Mobile has prohibited thc
steamers and railroads from bringing ne?
groes into that city.
From Mexico
NEW YORK, December 26.-The Yera
Cruz correspondent of the New York
Herald, under date of December 23il, says:
.' Because of the fact that French steamers
will leave here to-morrow for Europe a
rumor has been put in circulation, by au?
thority of the Government, that Juarez
has given np the Presidency of. the Mexi?
can Republic, lt is well to say that the
story is a canard, circulated for consump?
tion in France. Strange as it may seem,
tho Imperialists manufacture and circulate
reports of an unfounded character, simply
to bolster up the Imperial cause in thc
minds of public men i:i different European
cities.'*
.
From Washington?
WASHISGTO??, December 2(5.-It is report?
ed that the contemplated insurrection
among the negroes in various parts of the
South during the holidays appears ground?
less. Advices received toJay by thc mili?
tary authorities indicate i^fe most peaceful
state of affairs generally South.
Secretary Mcculloch bas returned from
New York. His interview with moneyed
men was entirely satisfactory. The banks
offered him a temperary loan of a hundred
millions, which he will probably accept.
He contemplates funding fifty or ^hun?
dred million certificates of indebtedness
in compound interest notes, first series of
seven-thirty, which fall due next January.
A meeting of Fenian Circles was held in
this city yesterday afternoon, at which a
warm discussion was held upon the adop?
tion of the Fenian Senate, but adjourned
without coming to a vote. Sentiment of
meeting was adverso to O'Mahony. The
Circle of the city did not participate in thc
meeting, nor did the military circle, which
is composed of those designed to act in a
military capacity.
Thc military circle of ibis district num?
bered atone time two thousand men. lt
is stated that iv has now fallen off five
.hundred, in consequence of late dissen?
sions.
Headqr's District of Western 3. C..
FOURTH SEPARATE BRIGADE,
COLUMBIA, S. C., December 29, ls:;-;.
GENERAL ORDERS NO. 46.
rnilU. following named officers are hereby
I announced as on thc Staff of the Bro
vet Major-General Commanding, and will
be obeyed and respected accordingly:
('apt. J. A. CLARK, A. V. i>. C. and A. A.
A. G.
(.'apt. A. COAX, A. A. 1). C.
By order of
Brevet Major-General A. AMES.
J. A. CLARK, Act. Ass't Adj't Gen'l.
Dec 31 1
Keadq'rs District of Western S. C.- j
FOURTH SEPARATE BRIGADE,
COLUMBIA, S. C.. Dec. 28, 1865.
G EXE UAL O UDERS NO. 45.
THU District of Western South Carolina
is hereby divided into the following I
Sub-Districts, viz:
First Snb-District will comprise the !
Counties of Richland, Lexington, Ed ^ofield, ;
Newberry and Fairfield. Lieut. Col. N. j
HAUGHTON, 25th Ohio Vet. Vol. Infantry, is
assigned to command-Headquarters at
Columbia, s. C.
Second Sub-District will comprise thc
Counties of Clu ster, Union, Spartanbnrg, i
York, Lancaster and Laurens. Lieut. Col. <
!!. B. MCRRAT, 15th Main- Vol. Infantry,
is assigned to command-Headquarters at j
Chesterville, S. C.
Third Sub-District will comprise thc \
Counties of Abbeville, Anderson, Pickens j
and Greenville. Capt. B. O. BAI?KOWS, 1st j
Maine Battalion, is assigned to command- j
Headquarters at Anderson, S. C.
By order of
Brevet Major-General A. AMES. '
J. A. CLARK, Act. Ass't Adj't Gen.
Dec 31 1
NEW GOODS.
. /"VPENED. this dav, a variety of choice ,
\J FANCY ARTICLES of French China
and Bohemian Glass. Also, Reticule,Lunch '
and Traveling BASKETS.
Dec. 27_ W. B. STANLEY. j
Land Agent.
Wr A. HARRIS, Agentto Purchase or
. Sell Real Estate. Prompt attention
given to any business entrusted to bis
care. Office, for thc present, at his resi?
dence, corner Gervais find Bull streets.
Columbia, s. C. D> r. 3
Plantations to Rent.
ON thc 1st MONDAY in February, at (Ve
lum bia, by order of the Executor of
the late James O'Haidon, be disposed
of to tue hignest approved bidder, thu
LAND belonging to said estate, for the
year 1866, and known as the Singleton and
Log Castle Tracts. . They aro snpwrior cot?
ton ?nd grain land-, (id" or 70 hands can
be advantageously employed on the sin
gluton place, and about 25 or at Log
Castle. YV. A. HARRIS, Agent.
Dec 24
C. S. Jenkins,
NEXT MA RKEWXTREET,
KEEPS constantly o?*???** tub stock
of Family GBOCEllll s aM PROVI?
SION'S. AI.so.l
LIQUORS,
CONFECTIONERY, 1
SHOES, /
HATS and.
l\\NcJLAhVriCLES, &c.
Dec 28 flfek. 10
I adjudication of the matter, in which case the President of the court shall
issue his summons, requiring the personal attendance of such person, on
such day as may be appointed by the court ; und if the person summoned
shall neglect or refuse to obey it, the court shall proceed as if no defence
had been rendered.
XC. The members of a court-martial, in giving their opinions upon any
question submitted to them for decision, shall do so successively, begin?
ning from the youngest in commission, the President delivering his
opinion last.
XCI. The acting Judge-Advocate of every court-martial shall make a
faithful record of the proceedings of such court, which, after being read
over in their hearing, shall be signed by the President and himself, and
transmitted by the latter to thc officer ordering the court. No sentence
of any court-martial shall be executed until approved by the officer order?
ing such court. If any officer ordering a court-martial shall be promoted,
resign, die, or vacate his commission by removal, or in any other way,
before the sentence shall have been executed, the proceedings of sucli
cmrt-martial shall bc transmitted tc Ids successor in command, who shall
have the same power and discharge the same duty in regard to such
proceedings, as if bc had originally ordered the court.
XCLL If the officer authorized to approve the proceedings of a court
martial shall think their decision erroneous, he may re-assemble them to
consider the case, and may assign his reasons to them, and they shall
forthwith reconsider the case, and their determination shall be conclusive,
and he shall carry the samp into effect; but iu every case affecting the
rank or commission of any officer, this officer shall, after the reconsidera?
tion of such court, have the right of appeal, from a court ordered by a
Colonel, to the Brigadier-General, or from a court ordered by a Brigadier
to thc Major-General, or from a court ordered by a Major-General to the
Commander-in-Chief, and tho decision of the officer to whom tin? appeal
is maile shall be conclusive.
XCIII. Tho acting Judge-Advocate of a court-martial, for the trial of
an officer, non-commissioned officer, Musician, private or fatigue-man,
shall administer to each member of it, liefere they proceed to such trial,
the following oath, to wit: "You swear that you will well and truly try
and determino, according to the law and evidence, such coses os shall bc
brought before you, without partiality, favor or affection, and that you
will not divulge tho sentence of the court until it shall be published by
proper authority, neither will you disclose the vote or opinion of any
particular member of the court-martial, unless required as a witness to give
evidence thereof by a court of justin. So help you God." When such
oath shall have been administered to the members of the court-martial,
and the President thereof, he shall administer to the acting Judge-Advo?
cate the following oath, to wit: "You swear that you will not disclose
the vote or opinion of any particular member of the court-martial, rudest
required as a witness to give evidence thereof by a court of justice, noi
divulge the sentence of the court to any but the proper authority, until it
shall be disclosed by the same. So help you Cod."
XCIV. If any member of a court-martial shall be challenged by tht
accused, he shall state the cause of his objection, which the court sha!
consider and determine; and if any person arraigned before a court
martial shall stand mute, refuse to plead or answer foreign to the purpose
or if any one summond to make his defence before a court-martial sha!
neglect or refuse to appear or to send his defence in writing, sworn ti
before some one authorized to administer such oath, the court shal
proeeed to try and adjudge the case as if be had pleaded not guilty; bu
in every such case thc persons against whom judgment may be rendered
or any one dissatisfied with such decision, shall have the right, withil
thirty days after its publication, to appeal to the otlicer ordering tin
court, accompanying tho same with an affidavit that he could not atteiu
the court, nor render his defence in writing to the same, or that he coull
not, from some cause which shall he stated, make his defence to sud
court, without neglect or design on his part, and that the appeal is no
merely for delay: Provided, also, That any person who may be lined b;
default, and conceive himself aggrieved by the sentence of the court, am
shall make allida\it that he could notattend the court by which he wa
tried, or render his excuse in writing to the same, and that it was out o
his power to sue out an appeal before Hie issuing of execution, and tha
he does not appeal for flu: purposes of delay, the officer ordering sue'
court shall have power to hear and determine the ease; and if he sha
decide in favor of the party^ so appealing, he shall notify the Sheriff i
writing to that effect, upon which the Sheriff shall enter satisfaction in th
case, stating the manner in which it was settled.
XCV. In ease of appeal by a commissioned officer from the decision t
a court-martial, the officer ordering it shall re-assemble it, or order a nc
court, for the trial of such appeal, and such court shall proceed to try an
adjudge such case as if no trial had occurred ; and, in all other cases <
appeal, the officer ordering the court shall hoar and determine the casi
and his decision shall he conclusive.
XCVI. The officer who shall report any defaulter of Militia, Patrol (
fatigue duty to any court-martial, shall certify to its correctness, whic
shall lie deemed by the court as sufficient evidence of such default, unie:
it shall be denied on oath by the person reported, or disproved by otht
competent testimony ; and the acting Judge-Advocate of any such cour
martial, upon its final adjournment, shall, whore it was held, put up
notice of the naines of such ?is have been fined by the court, the til
imposed on each, and shall furnish the prop- r Quartennaster with a coj
thereof.
XCVLT. Any member of a court-martial, or tho Judge-Advocate thereo
shall, upon application i-y any one interested in any trial to be had befo
such court, previous to ifs sitting, issue, his summons to compel the atteni
ance of any witness at such court, which may bc served upon the witne
by any person whatever ; and if, after being so summoned, he sh:
neglect or refuse to obey thc same, without a sufficient excuse, he shall 1
liable to a line; if an officer, equal in amount to the fine imposed upi;
one of his grade for non-attendance at a regimental parade ; and if
non-commissioned officer, Musician, private, or person exempt from Milit
duty, two dollars, ami fifty per centum upon the amount of his last ge
eral tax: Provide.,.', No person shall bc compelled to attend any com
martial, who shall reside more than twenty miles from the place whe
such court shall sit.
Xt'VlIl. Tho form of a military summons for a witness shall be as f<
lows :
THE STATE OF SOUTH CAROLINA :
To
You an: hereby summoned, upon the application of C. 1)., to attend
court-martial to bo held at on the day of
A. 1). IS , to give testimony in a ease then and there to Le tried.
(Signed) g
A. li., (Member of tin: Corni, or Judge-Advocate, aa thc erne mai/ l>c\
X(!1X. The written deposition of any witness, sworn to before soi
person authorized to administer an oath, may be given in evidence ata
court-martial : Prortded, The Judge-Advocate and party accused sh
both he present at the taking of stich deposition ; and that the Judj
Advocate ami party accused shall each have a right to refuse to admit sn
testimony on the trial, unless he has had at least five days previous not
of the time lind place of taking tho same, and that whenever such not
has been given, such testimony may be given in evidence.
G Tin: officer to whom the proceedings of tiny court-martial shall
transmitted for approval, on the expiration of thirty days from itsadjou
mont, shall issue execution for all lines irnposi ' by such court, and i
previously paid to the proper Quartermaster, ai 1 shall forthwith lot
the samt: in the Sheriff s office of the District in which the person iii
resides ; and the Sheriff shall enforce and return thc same to him wit;
four months from his lodging, and shall pay the amount to the Quart
master, under thc penalties now imposed by law for not returning proc
issued from the Courts of Record in this State, and shall bo liable to r
and attachment from the Court of Common Pleas of the District wherein
he resides, upon motion of any Attorney or commissioned officer of the
Militia.
CI. Any person on whom a fine shall be imposed by a court-martial
may, within twenty days after its adjournment, pay the same to the Quar?
termaster, who shall give him a receipt for it, and forthwith report such
payment to the officer to whom thc proceedings of the court shall have
been transmitted.
CIT. The Sheriff shall, upon thc delivery of an execution in his office
for a Militia or Patrol fine, ascertain from the tax list in the office of the
Clerk of the Court of Common Pleas the tax paid by thc defendant iii
j each execution for the year mentioned in the same, and shall insert therein
i the aggregate amount of fine imposed, and the per cent. ; and if such
defendant shall neglect or refuse to pay the same, and the costs accruing,
and shall fail to point out to the Sheriff sufficient personal property to
j satisfy the same, he shall, by virtue of such execution, seize such person
and commit him to close confinement in the common Jail of his District,
there to remain until thc fine and costs are paid ; but any one so commit?
ted shall be released at the end of a time to bc computed at the rate of one
day for every dollar of such fine, upon his swearing before some Magis?
trate that he is unable to pay the sum for which he stands committed ;
and in no case shall such person be confined in prison for moro than ten
days, if, at the end of that time, he shall take the oath above required.
Whenever one or more lines shall be imposed by the sentence of a court
martial, the officer whose duty it shall be to issue execution for the col?
lection thereof may include all or any number of thc said fines in a singlo
execution, of the follov in g form :
CHI. THE STATE or , omi CAKOUXA.
To Ute Sheriffs of said State:
Whereas, At a court-martial held at on the
day of , A. D. IS , the persons named in thc following list
were sentenced by the said court for the causes specified to pay the sums
subjoined to their names respectively :
? i's ? "o ~ ' 'o ? J5 c?^5 o sta o
?q g ?3 .S - ^ j_2 O> i o ? o .2 ?
List of Persons fined, "g | 0 ,s i-g^a ? gj ?3 -d S^a-|?|a^?ft'g
CIV. You, and each of you, are hereby commanded to levy and sell out
of the goods and chattels of each of the persons named in thc said list
sufficient to satisfy the fine or fines so adjudged against him, as well as
the costs which shall accrue against him ; and to pay over thc said fine to
the Quartermaster of thc . And if any of the said persons shall
refuse or fail to pay the fine or fines so adjudged against him, or to show
personal property sufficient to pay tile same, you are commanded to take
him and lodge him in thc common Jail of your District, there to remain
until discharged by law.
Given umba- my hand ?md seal, the dav of , A. D. 18 .
Y. Z. (with rank attached), LL. S.]
CY. The Sherill' shall be entitled to receive from the person against
whom execution shall issue, the following costs, to wit : For every fine
paid before levy, fifty cents ; after levy and before sale, one dollar ; for
every fine collected by s dc of prop arty, including fee for advertising, two
dollars and fifty cents ; for arresting and committing delinquent to jail,
two dollars : and the Sherill" shall be entitled to retain twenty per cent,
on all tines he may collect.
CVL Each Major-General, who shall neglect to attend a review and
drill of each regiment of his division at least once in two years, shall bo
fined in the sum of fifty dollars, and fifty per cent, on the amount of his
last general tax, for each regiment he shall fail to attend. Each Briga?
dier-General, who shall neglect to attend a review and drill of each regi?
ment, of his brigade at least once in every year, shall be tined in thc sum
of thirty dollars, and fifty per cent, on thc amount of his last general tax,
for each regiment he shall fail to attend.
CVII. Each officer required by law to make any return or report, or
who shall be required by any superior officer, and fail to make such
return or report, shall bo liable to be fined as follows, to wit : A Major
General, one hundred and fifty dollars ; a Brigadier-General, one hundred
dollars ; a Colonel, or officer commanding a regiment, seventy-five dol?
lars ; a Lieutenant-Colonel, Major, or officer commanding a battalion,
fifty dollars ; a Captain, or officer commanding a company, twenty-five
dollars ; a Judgc-Advocate-General, seventy-five dollars ; a Quartermaster
General, seventy-five dollars ; a Division Quartermaster, fifty dollars ; a
Brigade Quartermaster, thirty dollars ; and a Regimental Quartermaster,
twenty-five dollars ; and all commissioned stall' officers shall be lined in
similar sums, according-to their respective rank, and fifty per cent, on
t he amount of the last general tax of such delinquent of any grade.
CVllI. ka0 officer of the division stall' who shall fail to attend a review
?nd drill ot each regiment in his division at least once in two years, and
ny officer of the brigade staff who shall fail to attend a review and drill
of each regiment of his brigade at least once a year, shall bc lined, for
each regiment he shall fail to attend, the following sums, according to his
rank and grade, to wit : A Colonel, twenty-five dollars ; a Lieutenant
Colonel, twenty dollars ; a Major, fifteen dollars ; a Captain, ten dollars;
and fifty per cent, on the amount of such delinquent's last general tax.
(TX. Each Colonel of infantry, who shall fail to attend a muster and
drill of each company in his regiment at least once in two years; and
each Colonel of cavalry, who shall fail to attend a muster and drill of
each company in his regiment, at least once in two years ; and each Lieu?
tenant-Colonel or Major of infantry or artillery, who shall fail to attend a
muster and drill of each company of his battalion at least once in every
year ; and each Lieutenant-Colonel or Major of cavalry, who shall fail to
attend a muster and drill of each company of his squadron once in every
yeftr, shall be tined, for each company in his command which he fails to
attend, in the sum of twenty-five dollars, and fifty per cent, on tho
amount of his last general tax.
CX. For non-attendance at a regimental, or squadron, or battalion
muster, or drill of officers and non-commissioned officers, previous to such
muster, the following fines shall be imposed, to wit: On a Colonel, fifty
dollars : ou a Lieu tenant-Colo u el, forty dollar's ; on a Major, thirty dollars ;
on a Captain, twenty dollars ; on a Lieutenant, Regimental Quartermaster,
Surgeon, or Assistant Surgeon, fifteen dollars ; on a Sergeant-Major or
Quartermaster's Sergeant, ten dollars ; similar fines shall be imposed on
the commissioned regimental staff officers, according to their respective
rank; on a Sergeant or Corporal, three dollars; and on a private, for
non-attendance at regimental, squadron <>r bat talion muster, three dollars,
and fifty per cent, on the amount of the last general tax of such delin?
quent officer, non-commissioned officer, or orivate.
CXL For nrm-attendance at a company muster, the following fines
shall be imposed, t. -wit : On a Captain, fifteen dollars ; on a Lieutenant,
ten dollars; and on a uon-commissioned officer, Musician, or private, two
dollars, and fifty per cent, on the amount of the last general tax of such
delinquent officer, non-commissioned officer, Musician, or private.
CX?1. Any officer, non-commissioned officer, Musician, or private, who
shall, at any muster, parade, review or drill whatever, leave his squad,
company, battalion <>r regiment, without permission of his superior officer,
shall bc liable to all thc penalties, as if he hail wilfully refused to appear
at snell muster, parade, review or drill.
CXII?. The following persons shall be exempted from all Militia service,