The daily phoenix. (Columbia, S.C.) 1865-1878, January 10, 1866, Image 1
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