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THE DAILY Daily Paper $10 a Year "Let our Just Cenaure Attend the True Event.' Tri-Weekly $7 a Year. BY. JULIAN A. SELBY. COLUMBIA, S. C., WEDNESDAY MORNING, JANUARY 10, 1866. VOLUME I-NO. 2 2Z" THE PHONIX, PUBLISHED DAILY AND TRI-WEEKLY, BY JULIAN A. SELBY. STATE PRINTER. TERMS-IN ADVANCE. SUBSCRIPTION. Daily Paper, six months.$5 00 Tri-Weekly, " " .3 50 ADVERTISEMENTS Inserted at 75 cents per square fer the first insertion, and 50 cents fer each subsequent. tOT Special notices 10 cents a line. Mr. Tresco! on General Howard's Report. Before we consider the merits of this report, we are glad to be able to do justice to its author. Gen. How? ard is an officer of eminence, a man of very high character, conscientious motive and pure conduct. He is not a fanatic, blind to the truth; he is not a politician, unheedful of it. He is one who we believe strives honestly to do his duty, consistently as to his principles, and considerately to those .who must suffer by their action. And yet so difficult is the problem with which he has to deal, so impos? sible does it seem to reconcile the justice due to the parties before him, that we find with surprise and pain that he who, in war, was a generous toemy, and who is in peace a Chris? tian gentleman, can find no better remedy than the wholesale spoliation of those over whom he has triumphed as a soldier, and whom he should for? give as a Christian. The only text which seems to have suggested itself to him is-"From those who have not, shall be taken away even the little tltat they have. " For in September, 1865, he recommends that the pardon of the President be hereafter granted only on the condition "that the land owner agree to set apart and grant title in fee simple to each head of family of his former slaves-a home? stead vaiying in extent from five to ten acres. I feel quite sanguine that this course would prodnce content? ment among the freedmen, and afford an example to other land owners who are not affected by it." And we may remark that this latter expression of satisfaction with his original recom? mendation appears tobe a part of the present report, and therefore an indi? cation of his continued approval of the policy of transferring the lands of former owners to the present freed? men. . To appreciate fully the char? acter and value of this report, and to draw from it its just conclusions, one leading fact must be borne in mind, and that is, that there are two marked periods in the history of the Freed? men's Bureau-the one extending from its creation, in March, 1865, to the issue of the famous Circular No. 15,12th of September, 1865; the other from that time until to-day. We pro? pose to sketch them both briefly. On January 16, 1865, Gen. Sher? man, then at Savannah, on his march through the ?South, issued an order "in the field," by which lie set apart "the islands from Charleston South, the abandoned rice fields along the rivers for thirty miles back from the sea and the country bordering the St. John's Hiver, Fioridar," "for the settlement of the negroes t now made free by the acts of war and the pro? clamation of the President of the United States." It is not necessary to examine at present the legal worth of this order; it may be, however, as well to remark, in passing, that " the Tax Commissioners do not hesitate to compel the owners of these lands to pay taxes as if they were still theirs. Under this order, large portions of the sea-coast were occupied by the r?sident freedmen and such vagabond negroes as swarmed in the rear of Gen. Sherman's columns. With these new colonies to organize and provide for, another step became necessary, and in March, 1865, Congress passed the Act creating the Freedmen's Bu? reau, by which Act all tracts of land within the insurrectionary States which had been "abandoned," or to ?which the United States had acquired title by confiscation, sale, or other ise, were set apart for the use of refugees and freedmen, and the ral supervision of these lands, the persons for whose use they e set apart, was given to the new eau. Gen. Howard was placed at head of the bureau, and in the pointment of Assistant Commisi? oners Gen. Kui us Saxton was put in charge of South Carolina. A more efficient officer could not have been selected, for his heart was in his work. He bel4eved honestly in the propriety of subordinating the white man to the black, of confiscating the lands of thc former owner, who was a rebel, and giving them as homes to the former slave, who was a loyal subject. The object of Gen. Sherman's order and of the Freedman's Bureau was to do this very thing, and the proper man was selected to do it. Nor can any blame up to this point attach to Gen. Saxton ; he was carrying out the policy of his Government, and car rying it out all the better because of his open and honest sympathy with its principles. The Bureau was organized-orders were issued by the President and from all the Departments turning over to the Bureau all confiscated and abandoned lands, and, according to the report, a good deal of land actually divided out among the freed? men in ?South Carolina, Georgia and Florida ; while Circular No. 12, July 28, 1865, tyj make the work thorough, declared, "the pardon of the Presi? dent will not be understood to extend to the surrender of abandoned or confiscated property, which by law hos been set apart for refugees or freedmen." Here was a system perfect for its purposes ; but just.os it was organ? ized tho war ended In the spring of 1865, Gen. Lee and Gen. Johnston surrendered their scarred and famous veterans, thinned by the carnage of the four bloodiest years of the world's military history, broke, never again to be rallied, and the Confederate Government was even "so-called" no longer. As soon as this fact was beyond doubt-as soon as peace, with its possible settlements of all questions raised by the war, was plain-as soon*) os the hot and angry blood of the nation had time to cool-it became evident 1. That to apply the Act of March, 1865, passed and approved in the midst of war, and when its object was, by the appropriation of these lands, to weaken and distress an enemy, to a state of things entirely different, was manifest injustice. The Act itself provided for the dis? tribution of lands within "insurrec? tionary States," and it was scarcely possible to call that an insurrectionary State over which the President, at the request of the people, hod appointed a Provisional Governor, where a Con? vention was ordered, where elections were held undisturbed, where taxes were collected, where custom houses were established, where mails were carried, and where officers of the United States Government might travel from seaport to mountain without escort and without arms. It was felt that the whole war policy, and the whole war legislation of the United States, ought to cease with the war. Putting aside all technical argument as to the terms of surren? der, the real, manly, honoofc BSD?A nt the nation felt that when General Lee and General Johnston laid down their arms, it was a declaration that this war was ended, this contest over, that it was then the recognized duty of the United States Government to see how, consistently with the rights of the Union and the interests of the whole country, they could restore the old relations, revive old feeling, and in letter and spirit reconstruct the old Union. And that it would be neither justice, nor good faith to a vanquished enemy, to disregard the temper, the convictions, the honest desire for final and honorable accom? modation with which the surrender was made, and in which it was accepted. After four years of war, in which we had learned to respect, as we -never did before, the resources, the courage, the capacity of each other, the general desire, the almost uni? versal feeling, was that peace, in all the fullness of a common nationality, a common interest and common duties, should be restored. There could be no hope of such a result through the angry and vindictive legislation of the last four years, meant and contrived to be instru? ments of war as much as iron-clad monitors or improved artillery. 2. Next, it was clear that the very question of what constituted ' ' aban? doned " property, must, in times cf peace, be referable to a legal tribunal. The Constitution provides that no person shall be deprived of property without due proc?s of law-a phrase of emphatic significance to a people educated in and habituated to the principles of the common law, and where, under present enactments, such property is "confiscable," due process of law is required before it becomes "confiscated." No law of the United States makes the absence of the owner from his estates a crime. When, therefore, " the voluntary abandonment" of laud was made to, justify ita seizure and appropriation, not only a new crime was created, unknown to the law, but the property was, in fact, by the seizure, "con? fiscated " without due process of law. Again, the definition of abandoned property by the Act of 1864 was, "Property real or personal, shall be regarded as abandoned when the law? ful owner thereof is voluntarily ab? sent therefrom, and engaged either in arms or otherwise in aiding or encouraging the rebellion." To de? cide the question of abandonment, therefore, it was necessary also to decide whether the absent owner was engaged in arms or otherwise in aiding or encouraging the rebellion, ( and surely upon thia charge every citizen -was entitled to a trial by his peers. Because, if aiding or abetting the rebellion is treason, to decide it by this appropriation of "abandon? ed. " land, with its iniquitious conse? quence of throwing the burden of proof on the accused and not on the 1 accuser, was only an ingenious method of securing the penalties of treason without conviction or trial. Besides, what was*'voluntary aban? donment," under the Act of '65? Was a planter, driven forcibly from his estate, his negroes freed, his houses burned, his provisions taken away, his stock destroyed, guilty of voluntary abandonment, because he did not return where he could neither labor nor Uve ? Was the non-resident owner of two or three estates guilty of voluntary abandonment because he could not be ubiquitous, and be? cause General Saxton's agents could be on one place while he was on another '? Were the citizens of a shelled city, who fled for life, guilty of voluntary abandonment ? It was clear that these questions, and a thousand others, could and would be settled in a time of peace only by the judicial tribunals. 3. A large portion of the lands claimed by the Bureau were theie sold under the Tax Act; and in Sep? tember, the Attorney-General deli? vered a very able opinion-not as well known as it ought to be-that these lands could not be delivered to the Bureau, and thus deprived of the equity of redemption secured them by the Tax Acts of Congress. Fortunately for the country, most happily for the South, that calm and sagacious mind to whom Providence has given the government of the na? tion when its wildest passions seemed roused to fury, gravely considered all these things. Like another great ruler, he felt that on this war-worn continent it was true, even in a higher sense than it was originally spoken "The Nation-it is peace;" not the mere cessation of slaughter, not only the disbandment of armies, but peace at men's homes and in men's hearts, all over his torn and bleeding coun? try; peace and time to cover the trampled sod with turf and the bruised heart with the freshness of new affec? tions. He knew that the vindictive? ness of victory and the logic of co% quest wrought no such cures, and he put away from him the weapons whiVh war had forced. On feb- i?.tVi September, 1865, the Freedman's I Bureau issued Circular No. 15, sub? scribed "Approved, Andrew John .8on, President of the United States," the seventh section of which declared : "Abandoned lands held by this Bureau may be restored to owners pardoned by the President." This order changed radically the character of the Bureau. As it was originally organized, it was simply a court of inquisition for the punish? ment of all who owned lands through? out the South. It was a great engine for illegal confiscation, recognizing no rights in rebels, and denying to the Executive its highest prerogative of pardon. It was consummate for its purpose ; but it could work only singly for that purpose. When tho President's pardon stood between it and its victims, its functions were parajvzed. Every pardon, in with? drawing from its power one estate, facilitated the escape of another. The system on which it was contrived was broken ; and unless it was allowed to work a general confiscation, it could scarcely work any. From the date of this order, the Bureau has essen? tially changed its character ; and we shall proceed, in the next place, to examine the new character which tho President has placed upon it, and see how far, according to General How? ard's report, it is fulfilling his wise purposes. W. H. T. Yorkviile Female Seminary. _?m^ THE exercises of this insti flZmm\ tution will begin, D. V., THE .sfiUJ?feFIRST MONDAY OF FEB J^^?B' A commodious Building lian been secured, both for TEACH? ING AND BOARDING PUBPOSE8. MBS. N. W. THORNWELL wiU take charge of the BOABDING DEPABTMENT. Dim attention will Ve given to MUSIC and FRENCH. BOARD AND TUITION, pei session, $96 in specie, or its equivalent. DAY SCHOLARS, at $11, $16 and $21. Promising to devote their best energies to their work, the Principals would selieit a liberal patronage. Circulars giving full particulars, will bo furnished on application to Dr. Adger, Columbia, S. C. ; Rev. J. E. White, Chester, S. C.; Ber. J. N. Craig, Lancaster, S. C.; Rev. W. E. Boggs, Winnsboro, S. C.; Dr. Wardlaw, Abbeville, S. C.; Col. F. E. Har? rison, Anderson, S. C.; Be v. A. W. M?ler, Charlotte, N. C.; Rev. Wm. Brown, Bich mond, Va.; H. G. Witherspoon, Esq., Mayesville, S. C.; Gen. W. H. Wallace, Union, S, C., or to REV. J. MONROE ANDERSON, REV. R. B. ANDEBSON, Jan 9 3 Principals. Dr. J. J. MoCants OFFERS his professional services to the citizens of Columbia and vicinity. Office at residence on Richland street, next door to Mrs. McFie'a. Jan 9 4* V SILLING OFF AT Reduced Prices TO MAKE ROOM FOR SWNG& SUMMER STOCK WHOLESALE AND RETAIL DEALERS IN Dry Goods, CLOTHING GROCERIES, OFFER THEIR Lajpe& Well-selected Stock AT DEDUCED PB?CE8 ! CONSISTING OF: AOOrtT) assortment of PRINTS, of all colors and qualities. DELAINES, POPLINS. French and English MERINO. Black and Colored ALPACA. DEBEGE, LINDSEYS. Opera, White and Red All-wool and Cot? ton FLANNEL. GINGHAM. JACONET, SWISS MUSLIN. JEANS, CAMBRICS, PAPER CAMBRICS. Bleached and Unbleached HOMESPUN. Linen and Cotton SHEETING. PILLOW-CASING, TICKING. SHAWLS, LADIES' CLOAKS. HATS and BONNETS, tr'med and unt'd. BONNET FRAMES, RIBBONS. FLOWERS, FEATHERS, RUCHES. BUGLE and other Fancy Dress and Cloak Trimmings. Handkerchiefs, Gloves, Hosiery. Cuffs, Collara, Hair Nets. Breakfast Shawls, Sontags. Hoop and Balmoral Skirts, Corsets. Veils, Coate's and Clark's Spool Cotton. ALSO, A FULL LINE OF GEM'S FURNISHING GOODS ! CONSISTING or: Over, Business and Black Frock COATS. PANTS and VESTS of all qualities. White Linen and Woolen OVER-SHIRTS. Shaker, Merino, Woolen and Cotton UNDER-SHIRTS and DRAWERS. Socks, Suspenders, Collars, Wristbands. Neck-Ties, Pocket Handkerchiefs. Hats and Caps. Fino Pegged and Sowed Boots, Gaiters and Shoes. Together with a largo and well-selected stock of Plain and Fancy Groceries, FLOUR, BACON, CHEESE. BUTTER. LARD, TEA, COFFEE, SUG AR. Whole and Ground Spices, Candles. Fancy and Common Soaps. Soda, Indigo, Copperas, Blue SI >nc. Madder and Logwood. Plain and Fancy Crackers. Herrings and Mackerel, by tho barrel, half barrel and kit. Sweet Oil, Yeast Powders. Carbonate of Soda, Concentrated Lye. Fancy and Plain Candies. Sugar and Fancy Toys, Sardines. Kerosene Oil. Cotton and Wool Cards. Pocket and Table Cutlery, Scissors. Tobacc / and Segars. Together with a large assortment of goods usually kept, and too numerous to mention. ALSO, ON HAND, VA largo stock of WATCHES, CLOCKS, SPECTACLES, Ac. Watches, Clocks and Jewelry repaired. Old GOLD and SILVER bought. New and second-hand WATCHES bought. AGENTS FOR KALB'S PATENT LIMBS. HARTMAN'S PATENT ELASTIC CRUTCH. And FAIRBANK'S SCALES. Assembly Street, BETWEEN PLAIN A WASHINGTON, COLUMBIA, S.C. Jan 4 CALNAN & KEE GER VATS (OR BRIDGE) STREET, OPPOSITE THE STATE HOUSE, Are continually receiving and keep conotantly ec hand a full supply mt GROCERIES, WINES .INO LIQUORS, OF THE FINEST QUALITY: SUGAKS, TEA, COFFEE, MOLASSES, CRACKERS, Cheese, Butter, L&rd, Hams, Bacon, Dried Beef, Herrings, Mackerel, Vinegar, Pickles, Sauces, Canned Fruits, Mustard, Pepper, Spices, Ginger, Marcaroni, Raisins, Brazil Nuts, Hazel Nuts, Salt, Sweet Potatoes, NORTHERN IRISH POTATOES. Gibson's FINE WHISKIES, SCOTCH WHISKEY. GIN, RUM, FRENCH BRANDY, Madeira, Port and Sherry Wine. St. Marceaux & Co.'e Champagne, Curacoa, Absynth, Maraschino, Ae. HENRY N. MCGOWAN, Salesman. Dec 3_ Phonix Iron Works, Situated Foot of Richland St., near Greenville Railroad, Columbia. GOLDSMITH & KIMI, PROPRIETORS. _ THE above works are now completed, and the undersigned beg to inform the' public that they are now prepared t? exe f- cute all kinds of IRON CASTINGS, such as ^ arc needed for agriculturists and ma-' I chinists, RAILROAD IRON, MILL IRON, IRON FENCING, /etc. They are also prepared to furnish BRASS CASTINGS of every description. Orders are solicited and wiU be promptly attended to. M. GOLDSMITH, Nov 9 P. KIND. School Notice. THE Exercises of Mrs. MCGREGOR'S SCHOOL will commence on Monday, 8th inst., at her residence, formerly the Orphan House. Jan 7 2* Cokesbury Conference Institute. THE exercises of this well known insti? tution will bc resumed on the FIRST MONDAY in February. Young men pre? pared for any class in college. Boarding in private families at reasonable rates. REV. SAMUEL B. JONES, Rector. W. W. SMITH, Classical Taacher. Jan 2_?_J13 MRS. G. T. MASON PROPOSES to open, the second MON? DAY in January, at her residence on Sumter street, above Richland street, a DAY SCHOOL FOR YOUNG LADIES. All thc English Branches, together with French and Music on the Piano, taught. Particu? lar attention given to Mathematics. From her experience as a teacher, Mrs. Mason earnestly desires to merit thc confidence of parents and guardians. For terms, apply as above._ Dec 81 12 Columbia Male Academy. H. S. ?nomroon, mov.u.i_?_ ir-T?u, _ matics, French and English Branches. EICHARD FORD, instruct in the Latin and Greek Classics. THE exercises of this Acade? my will be resumed on the 8th _^of January next. Pupils will !Sbc prepared for admission into any ".Diversity or college. The -" course of study will include a new and improved system of Book-keep? ing, and special advantages will be afforded such students as may desire to fit them? selves for mercantile life. The scholastic year will be divided into three terms of four months each. Tuition at the rate of seventy-five ($75) dollars per year for the Classics and French, and sixty ($60) dollars for the English Brandies, payable at the beginning of each term. Pupils who enter for less than a whole term, will be charged at the above rates. Dec 20 Imo* FUBMAN UNIVERSITY, Greenville, S. C. THE EXERCISES of this Institution will be resumed on tho 15th of Feb? ruary next. For Circular giving further information, application mav be made to PROF. JNO. F. LANNEAU, Oct 28 67 Secretary of Faculty. Bimi ii Him, FACTORS, SHIPPERS AND COMMISE MERCHANTS, OFFICE IN COTTON TOWN, COLUMBIA, S- C. WILL store or attend to the forwarding of COTTON, PRODUCE, FURNI? TURE and GOODS entrusted to their care. Will also sell HORSES, MULES, CAT? TLE, &c. We pledge ourselves to uso every endea? vor to promote the welfare of those who mav favor us with their patronage. J. M. CRAWFORD. L. P. MILLER. jjfS" Charleston News, Newberry Herald, Winnsboro News, Chester Standard, Abbe? ville Banner, Anderson Irdelltqem er and Greenville Mountaineer will publish two weeks, and forward bills. Dec 30 Land Agent. WA. HARRIS, Agent to Purchase or . Sell Real Estate. Prompt attention given to any business entrusted to his care. Office, for the present, at his resi? dence, coi nf r Gervais and Bull streets. Columbia, S. C. _Dec. 3 Plantations to Bent. ON the 1st MONDAY in February, at Co? lumbia, by order of the Executor of the late James" O'Hanlon, will be disposed of to tho highest approved bidder, th? LAND belonging to said estate, for the vear 1866, and known as the Singleton and Log Castlo Tracts. Tin y are superior cot? ton and grayi lands. 60 or 70 bands can be advantageously employed on the Sin? gleton place, and about 25 or 30 at Log Castle. W. A. HARRIS, Agent. Dec 24 AND HACK LINE TO WASHINGTON, GA. HAVING taken charge of the above HOTEL, and haring thoroughly re? fitted and refurnished it, I pledge myself, after many year?' experience in this "busi? ness, to furnish my guests with clean, com? fortable rooms, and a table supplied at all times with the very best the markets afford. I am determined to spare no pains to please my patrons. My HACKS from Abbeville to Washing? ton, Ga., will make daily connection with tais House, affording to persons going West and East fi safe, comfortable rad Persons desiring to go non Abbeville to ?ny point of the country not accessible by public conveyance, can find at my LIVERY STABLES, for hire, Carriages, Buggies and Saddle Horses. P. 8. RUTLEDGE. AbbeviUe C. H., December 12,1865. Dec 21_ ? Imo STEAMBOAT LINE FROM Columbia to Charleston. THE NEW and FIRST-CLASS LIGHT DRAFT STEAMER GEORGE is now prepared to make engagement to take Freight from Granby Landing n Charles? ton. All goods forwarded by tl - Une w?l be insured, if desired. Also, fo ?yarded to New York, and advances made upon the same, if required. Dec 14 Imo A. L. SOLOMON, Agent. ?ar The Abbeville Barnier, Newberry Herald, Anderson Intelligences and Cheater Standard will publish the above for two weeks, and send bills to this office. Just Received from New York AND FOR SALE AT L. C. CLARKE'S, WASHINGTON STREET, ALARGE and fashionable assortment of ORNAMENTS and TRIMMINGS for Ladies' Dresses and Cloaks, consisting of Bugles, Butterflies, Drops, Fancy Cords and Button, of every description and size; Breakfast ??wis, Central Turk Hoods, In? fant's SOCKB^ Ladies' Fancy Neck-Ties, Ladies' Fancv NeckVTies, with fringe, Dress Elevators, Belt Bucklcs__and Clasps, Silk and Loather Belts, BcltingTl?D?5D??_of all colors and widtbs, Velvet Bibi widths. Ladies' Scarfs, Collars Traveling Bags, Ladies' Su-?. Handkerchiefs, Ladies' L. C. Handker? chiefs, Gent's L. C. Handkerchiefs, Gent's Silk Handkerchiefs, Ladies' Gloves and Gauntlets, Gent's Buck Gloves, Skirt Braid of all colors, Coat Bindings, Balmoral Skirts, a large assortment of Hoop Skirts, Ladies', Gent's, Youth's and Misses' Under Vests, Ladies' Flannel Skirts, Ladies* large Double Shawls; a fine assortment of Perfumeries, Brown Windsor Soap, Tooth Soap. Toilet Powder, Boxes and Puffs, Hair Brushes and Combs, Nail Brushes; a fine assortment of Dress Goods, at greatly reduced prices-DeLaineB, Black ana Col'd Alpacas, Mer i noes, Calicoes, .Vc; Klack Cloth and Cassimeres,Fancy Cassimeres, Blankets, Umbrellas, Blue Skitfcings, Pa ?er Cambric, Linen, Black anl Colored ?ress Silks. Marceline Silk, Ac. v* Dec 6 MESSES. EDITORS: Major THEODORE STARK is respectfully nomi J a tod at a can? didate for the office of MAYOR of the city of Columbia-to be filled at the e?siung> election in April next-by his Dec 28 _MANY FRIENDS. _ The friends of Dr. A. N. TALLEY nomi? nate him as a candidate for Mayor at the ensuing election in April next. Nora? a