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mm Daily Paper $8 a Year 'Let our Just Censure PHOHI. Attend the True Event." BY JULIAN A. SELBY COLUMBIA. S. C., WEDNESDAY MORNING, JUNE 19, 1867 Tri-Weekly $5 a Year VOLUME III-NO. 77. Philadelphia Advertisem'ts. m. AGENTS WANTED, m. ?irj -T TO S200 TER MONTH-males and NP I tl females-to sell tho onlv genuino amnion Sense FAMILY SEWING MA? CHINE manufactured, lt will hem,fell, stitch, tuck, bind, braid, quilt and embroi? der beautifully. Frico only *20, including Barnum's Solf-sowor and Self-turning Hem? mer. Fnjlv warranted for live years. CAUTION.-Beware of thoto selling worthless cast-iron machines, under the samo nama as ours. For circulars and terms, address C. BOWERS & CO., 255 S Fifth street, Philadelphia, Pa. May 21 Imo New York Advertisements. STEVENS HOUSE, 21, 23, 23 AND 27 BROAD WA Y, X. Y. OPPOSITE HOWLING GKF.EX. ON THE EUROPEAN PLAN. THE STEVENS HOUSE is well and widely known to tho traveling public. The location is especially snitablo to mer? chants and business nieu; it is in close proximity to the business part of tho city, is on the highway of Southern and West? ern travel, and adjacent to aU thc princi? pal railroad aud steamboat depots. Tho Stevens House has liberal accom? modation for over 300 guests; it is well fur? nished! and possesses every modern improvement for thc comfort and enter? tainment of its inmates. The rooms hav? ing been refurnished and remodolod, we gr? enabled to offer extra facilities for the comfort and plcasuro of our guests. The rooms aro spacious and well ventilated provided with gas and water; tho attend? ance is prompt and respectful, and tho table is generously provided with every delicacv of the season-at moderate rates. GEO. K. CHASE & CO., _ May 31 fimo_Proprietors. New York Hotel, NEW YORK CITY. THE subscribers, successors to II. Cran .-.lui], Esq., and Cranston & Hildrelb, in the proprietorship of this well-known POPULAR HOTEL, > Wish to assure their friends and tho publie generally, that they shall spare no pains nor exr ?nfeC-.?u their ende avors to maintain i;j reputation so well merited under its former proprietors, as one of THE FIRST OF FIRST-CLASS HOTELS. I). M. HILDRETH & CO. April 7_ OHIO SOUTHERN BANK NOTES! SOUTHERN SECURITIES! I Bought and sold on commission by LAWRENCE, BROS. & CO., BANKERS, NO. 10 WALL STREE!'. NEW TORE. MONEY received on deposit from banks, bankers, merchants and others. Or 'ders in Gold, Government and other Secu? rities executed at the regular Stock Ex? change by a member of the firm. Consign? ments of Cotton solicited. April a DEWITT C. LA WHENCE. JOHN ll. CECIL. Craps J. LAWBKXQE. WM. A. HALSTEQ STENHOUSE & MACAULAY Commission Merchants, ?^OR thc sale of COTTON, COTTON * YARN'S, SHEETINGS, Naval Stores, Ac, and for tho purchase of Merchandize generally, 66 Pearl Street, New Yu.-k-. , Consignments to us from every point in the South fully protected by insurance as 80011 as shipped. Julv 14 Iv J. E. STENHOUSE. ALLAN MACAULAY. JAMES CONNER'S SONS I.X1TEI) STATES TYPE FOUNDRY AND PRINTER'S WAREHOUSE. NOS. 28, 30 sud 32 Centre street, ?corner of Reado street, ) New York. The type on which, this paper is printed is from the above Foundry. Nov 18 Sugar Mills. SU. i AR MILLS can bo had at low prices. Call at Palmetto Iron Works. May 25 86 WM. GLAZE A CO. Bacon! Bacon! -I f\ UHUS, prime Clear Rib BACON L" " SIDES, just received and for salo at GREATLY REDUCED PRICES, by tho hogshead, or nt retail, bv May 22 J. A T. R. AGNEW [ Ale and Porter. TUN casks EDINBURG ALE, pints. DUBLIN PORTER, pints. For sale bv March 13 E. A G. D. HOPE. ' WANTED, 4 GOOD SERVANT, to cook and v ash; ^"V a middle-aged woman preferred. For 1.1 that will be acceptable, fair wages paul pi omptly, either monthly or weekly. Apply at tho "contro cottage, immediately North of tho Charlotte Depot. May 81 I 50 Reams Wrapping Paper, I Ct M ALL SIZE, at the usual low rates. ? E5 Juno7_J. C. SEEGERS A CO. I BUTTER AND CHEESE. ~ ?mUBS choleo GOSHEN MAY BUTTER. ? X 10 boxes E. D. and Cutting CHEESE. I For salo by E. A G. D. HOPE. I SMALL HOUSE FOR SALE ! ?THE PRESBYTERIAN MISSION Hfi?fk CHAPEL, on tho squaro South of the Hj??B,Asv?iim: suitable for a small family ?esidence. Apply to R. L. BRYAN. SPECIAL XOTICKS. IT is a matter of congratulation that we h?ve at last had a reliable Tonie intro? duced in Panknin'a Hepatic Bitter?: manu? factured at the South by Dr. CF. Pauknin, thowell known Charleston Chcmiat; and which can bo used by all persons, regard? less of age fir sex, who require a tonio medicine. Ask your family physician, and he will be .sure to recommend them. For sale, bv all druggists. April ll) wly Du. C. H. MIOT. A. rnt. A it i:.il \ i: K \ r. t,i : CASK OF" SCRO? FULA CURED.-Extract from a letter: "My son has long been atllicted with deaf? ness and scrofula. Hearing of 'Hoiuitsh's Queen's Delight,' 1 procured a bottle, and gave it according to directions. In a few dave, a very great change was visible; his general health improved and his hearing was restored. I believe ono more bottle will effectually cure all scrofulous tenden? cies. I give this certificate freely for the benefit of the afflicted." For sale by Frauen & HEisrrsn, Druggists. May 29_ws_ Dun Ix i's I,i -lu ii i o ?r, Kly-ICIllcr will 1 certainly exterminate these pests, if its use is persevered in. Beware of bogus Fly? paper, which sonic dealers keep because they can get it for nearly nothing. Don t bo swindled. Ask for DUTCHER'S, which is sold by all live Druggists. May 28 _ Imo TO MARRY OK XOT TO 3IARRYJ "WHY NOT? Serious Reflections for | Young Men, in Essays of tho Howard As? sociation, on the Physiological Errors, Abuses and Diseases induced by ignorance of nature's laws, in the first age of 'nan. Sent in sealed letter envelopes, free of j charge. Address Dr. J. SKILLIN HOUGH? TON, Howard Association, Philadelphia, Pa. May 19 3mo BATCHELOR'.* HAIR DYE-Thin splendid nair Dye is the best in the world. The only true and pi rfect Bye -harmless, reliable, instantaneous. No disappoint? ment. No ridiculous tints. Natural black orb. own. Remedies the ill effects of bad dyes. Invigorates the hair, leaving it soft and beautiful. The genuine ia signed Wil? liam A. Batchelor. All others aro mere imitations, and should be avoided. Sold by a.". druggists and perfumers. Factory 81 Barclay street, New York. ?5" Beware of a counterfeit. Dee tl ly HAVANA SEGARS. ASMALE invoice of genuine HAVANA s EG A PS, for Bale by March 20 E. & G. D. HOPE. Fresh Mountain Butter. riTVYO HUNDI.El) POUNDS in store, tor JL salo low. J. G. SEEGERS & CO. Juno 1 EXTRA FAMILY FLOUR. f-r BBLS. ENTRA FAMILY FLOUR. I O 20 bags Country " 10 bbls. Hecker'a Self-raising " Fer nalc low bv E. & G. D. HOPE. MayO_ TA c ni Tn ni Y \inirn\VT\: ? HOCK tSt?NO C??DS+ IF von desire to supply yourselves for the FALL and WINTER TRADE, with tho VERY BEST DESCRIPTIONS and STYLES of All-wool Cassimeres! AND WITH THE MOST DURABLE Jeans and Kersey Fabrics ! AU free from shoddy and other impurities, Order Samples from the subscriber, and they will bo forwarded, with prices attach? ed,{(luring the months ol'July and August. From these samples you can make your selections and return your orders; and the goods will be forwarded directly from the manufactory. JOHN A. YOUNG, President Rock Island Mnnnfae. Co., June 2 4mn Churl..tte. N. C. TO RENT, THE ROOM over the store of Thomson liarle. Apply to April P.) ALFRED TOLLE8QN. Flour! Flour! ! 4""*?i li ? LBS. COUNTRY FLOUR . 0\/\/ primo article. I,nw tur cash. .May 17 JOHN C. SEEGERS A CO. Lime, Cement and Plaster. J""*UST received, a frosh supply of best STONE LIME. ROSENDALE CEMENT and CALCINED PLASTER. In store and for sale cheap for cash bv Aprii t JOHN C. DIAL. LAGER ! LAGER ! ! ITHRESH LACER BEER, now in tho cool . cellar, at tho Brewery, and always re? ceiving, to supply tho trade, at wholesale and retail, at low rates. June 4 J. C. SEEGERS A CO. The Subscriber has Returned TO his OLD STAND, at the corner of Plain and Marion streets. Ho tenders his professional services to the inhabi? tants of Columbia and its vicinity, and will attend promptly to ALL CALLS, eitlior in tho DAY or NIGHT. Ofllco bouts from 12 to 1. June 1 D. H. TREZEVANT, M. D. Thos. P. Walker CORONER AND MAGISTRA7E. Offico in rear of Court House. Old Newspapers FOR S\LE at the PHONIX OFFICE. A LOT or HST IE2 -w MUSLINS, At 20 Cents per Yard. AT C. F. JACKSON'S. .Tuno 13 1DWENTY boxeo FINE TOBACCO, for . salo CHEAP. Jane 13 ALF KED TOLLESON. WHEAT AND EDDI ! IWILL pav Ibo HIGHEST MARKET PRICE for WHEAT an.l FLOUR. Will rurutsh baga when desired. ?hine V,_ALFRED TOLLESQN. NOTICE. THE United states Marshal's Office is located on Washington, between Ri? chardson and Assentblj streets. JONATHAN DARK, June 15 Duo U. S. Deputy Marshal. Claret on Draught. ONE cask excellent TABLE CLARET, for sale low by the ?.'allon or upwards. The supply will bo kept up during thc Bummer. For sale bv June 15 ' GEO. SVMMEBS. June Butter, IN air-tight packages of 2? pounds each. Just received, per steamer Manhattan, a sccoud consignment ?d' this delicious BUTTER, preserved, to be fresh as from tho (lain*. For .-ale by .lune 15 "GEO. sVMMERs. INGEMISCO-A ROMANCE. XTTRITTEN when Ingemisco-not "All's W Well"-was the watchman's cry: by a kinsman oi Dr. B. M. Palmer, and dedi? cated to him. Elsie Magoon, or tho Old Still bolide in the Hollow; by Mrs. Gago dedicated to the friends of temperance. Cecil Castleman'* Gage, Lady Marabout's Troubles and other Stories; by "Onida," author of Strathmore, icc. Bryan Maurice, the Seeker; bv Rev. W. Mitchell. Far Above Rubies;'by Mr-. Riddell. New supplies of Surry of Eagle's Nest, Wearing of the Grey, by J. Esten Cooke: and other new Books-among which i.- a Sensational Book, "Coming Wonders Ex? pected Eetweeu lsi'.T and 1875." A beautiful and fresh supply of Photo? graph Albums, worth from ?1 to ?7. DUFFIE .V CHAPMAN, Townsend A North's old stand. June 14 ON hand, a large lot of choice SUGARS, of the best brands. For sale at manu? facturing prices, at niv store on Plain streit. F. A. SCHNEIDER. Juno 13 "WANTED, " SC. RONDS, old and new. ,_ . Columbia Ronds and Coupons. Memphis and Charleston R. R. Bonds. C. & S. C. R. R. Stock and Bonds. North-Eastern Railrosd Bonds. Rank Notes, Gold and Silver. FOR SALE-Exchange on New York and Charleston. THOS. E. GREGG A CO. Juno ll _ To Hent. THF. COLUMBIA FEMALE COL tf??r LEGE, which for three years past JUlLhas been occupied as *a FIRST CLASS HOTEL by Mr. T. S. Nickerson, is again offered for lease for three years, from 1st September next. Tho extensive patronage which Mr. Nickerson received nap Riven much noto, rit ty to this building. Its capacity, pecu? liar Htnc8s and eligible location for tho purposes of a first-class hotel, render a particnlar description unnecessary. For tel ms, Ac, inquire of either of the following gentlemen: Hon. E. J. ARTHUR, Dr. A. N. TALLEY, R. D. SENN or J. W. PARKER. Columbia, June ll, 1807. June ll Violin and Guitar S T B I ?;fiS? 4 LARGE and CHOICE S?LECTION <>f J\ GENUINE ITALIAN STRINGS; also, a line assortment of Violin Rows, Bridges, Screws, Buttons and Tail Pieces. Just received at E. POLLARD'S. April 7 mw2J TO THE_LAD1ES. R E MOV A L ! MRS. C. E. REED bas changed her place of business to a moro commodious storo, j (next door to E. Pollard's, on .Main street,) (and will keon 'constantly on hand a frosh supply of tho latest styles of FRENCH MILLINERY, in all iU branches. Also, superior Silk Coverings, Hair Braids, Curls, Fronoh Corsets, &c, at low prioes. Ploaae call and examine beforo purchasing elsewhere. _ ^ DRESS-MAKING DONE WITH NEATNESS AND DE? SPATCH. May 29 t THE PHOENIX, rrr.i.isuEn DAILY AN? THI-WEEKIA*. tm GLEANER, LVLiiY WEDNESDAY MORNING. BY JULIAN A. SELB/, CITY PRIKTER. Oftlco i>n Main street, a row doors above Taylor (or Oaindeti) street. TERMS-IX A1) VAXCE. SCBSCUITTIOX. Dailv Paper, si\ months.$4 00 Tri-Weekly, " " . 2 50 Weekly, .? . l 50 AI>VEr.TIsr.MENTS Inserted at 75 cents per square for tho first Insert ion, and 50 couts for each subs?quent. Weekly 75 cents each insertion. ?y .1 liberal discount :uade on the above trite* totten adcerlUemetUe ure inserted by tlte tnonUt OJ- yetti-. AOESTS. W. C. Moore, Abbeville, .r. R. Alien. Chester. .Julius Poppe, Anderson C. H. s. P. Kinard, Newberry C. H. W. T. sims, Union. J. M. Allen, Greenville. Opinion of tho Attorncy-Grnrral ns Ut tile Powers of tho Military Com mnndtrii V ATTORXET-G EXElt Ali'fi OFFICE, June 12, 1.SG7. Tho President. Sm: On the 24th ultimo, I hud the honor to transmit for your considera? tion my opinion upon somo of the questions arising under the recon? struction Acts therein referred to. I now proceed to givo my opinion on the remaining questions, upon which the military commanders require in? structions. First, as to the powers and duties of these commanders. The original Act recites, in its pre? amble, that "no legal State Govern? ments or adequate protection for life or property exist" in those ten States, ?un? that "it is necessary that peace j and good order should be enforced" ; in those States "until loyal and re * publican State Governments can be t legally established." The first and second .sections divide I these States into tivo military dis? trict*, subject lo the military autho? rity of tho United States as therein? after prescribed, and make it the duty ? of the President to assign, from the ! officers of tho army, n general officer to the command of each district, and to furnish him with n military loree j to perform Iiis duties and enforce his authority within his district. The third section declares, "That it shall be the duty of eacli ollicer assigned ns aforesaid to protect all persons in their rights of person and property, to suppress insurrection, disorder and violence, and to punish, or cnn.se to bo punished, nil disturbers of the public pence and criminals; and, to this end, ho may allow local civil tribunals to take jurisdiction of and try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose; and all interf?rence under color of State au? thority with the exercise of military authority under this Act shall be null and void." The fourth section provides "that all persons put nuder military arrest by virtue of this Act shall bo tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted; and no sentence of any military commission or tribunal hereby authorized, affecting the life or liberty of any person, shall be exe? cuted until it is approved by the ollicer in command of the district, and the laws and regulations for the government of tho army shall not be affected by this Act, except in so far as they conflict with its provisions: Provided, That no sentence of death under the provisions of this Act shall be carried into effect without the ap? proval of the President." The fifth section declares the quali? fication of voters in nil elections, tin well to frame the new constitution for each State as in the elections to bo held under the provisional Govern? ment until tint new State constitution is ratified by Congress, und also fixes tho qualifications of tho delegates to frame the new constitution. The Hixth section provides "That until tho people of the said rebel States shall ba by law admitted to representation in the Congress of lino United States, any civii governments which may exist therein shall bo deemed provisional only, nud iu all respects subject to tho paramount au? thority of the United States, at any timo, to abolish, modify, control or supercedo the same; and in all elec? tions to any office under saoh provi? sional governments, all persons shall be entitled to vote, and none others, who are entitled to vote undor tho provisions of tho fifth seotion of this Aot; and no person shall be eligible to any office under any sueh provi? sional governments who would be dis? qualified from holding office under ? tho provisions o? tho third article of I said constitutional amendment." j Tho duties dovolvod upon theconi I mnnding general by tlicsupplcmcnta i ry Act rela'to altogether to tho regis ! tration of voters and tho elections to j bo held under tho provisions of that ! Act. And ns to these duties, they : aro plainly enough expressed in tho j Act; and it is not understood thatauy question not heretofore considered in the opinion referred to has arisen or is likely to arise in respect to them. My attention, therefore, is directed to tho powers and duties of thc mili? tary commanders under thc origiual Act. We see clearly onough that this Act contemplates two distinct govern? ments in each of theso ten States tho ono military, tho other civil. Thc civil government is recognized as ex? isting at tho date of tho Act. Thc military government is created by thc Act. Both aro provisional, and both are to continuo uutil tho now State constitution is framed aud tho State is admitted to representation iu Con? gress. When that event takes place, both theso provisional governments are to cease. In contemplation ol this Act, this military and this civil authority arc to bo carried on toge? ther. The people in theso States arc made subject to both, and must obey both, in their respectivo jurisdic? tions. There is, then, au imperative ne? cessity to deliuc as clearly as possible the lino which soparates tho two jurisdictions, and tho e**act scope ol tho authority of each. Iso'v ns to the civil authority, re? cognized by tho Act as tho provi? sional civil govornmout, it covered every department of civil jurisdic? tion in each of theso Stales. It had ali the characteristics aud powers of a State government-legislative, judi? cial and executive-and was in tho full ana lawful exercise of all these powers, except only that rt was not entitled to representation as a State of thc Union. This existing govern? ment is not set aside; it is recognized more than once by thc Act. It is not in anyone of its departments, or, as to any one of its functions, repealed or modi lied by this Act, save only in tho qualifications of voters, the quali? fications of persons eligible to office, the manner of holding elections, and the mode of framing tho constitution of tho State. Tho Act docs not in any other respect change thc provi? sional government, nor does the Act uuthori/.o tho military authority to chang<; it. Tho power of further changing it is reserved, not granted, and it 'is reserved to Congress, not delegated to thc military commander. Congress was not satisfied with tho organic law or constitution under which this civil government was established. TJtal Constitution was to bo changed iu only ? no particular to ranko it acceptablo to Congress, and that; WftS 111 the matter of tho elective franchise. Thc purpose, tho solo object, of this Act is to effect that change, and to effect it by the agency of the people of the State, or .such of them as are made voters, by means of elections provided for in the Act, and iu the meantime to pie si ive order and to punish offenders, if found necessary, by military com? missions. We ure, therefore, not afc a loss to know what powers aro possessed by tho existing civil authority. The only question is upon the powers conferred on the military authority. Whatever power is not given to tho military remains with tho civil go? vernment. Wo sro, iirst of all, that each of these States is "made subject to thc military authority of the United States"-not to tho military autho? rity altogether, bot with this express limitation, "as hereinafter pie scribed." We must, thou, examine what is thereinafter provided, to find the extent and nature of the power granted. This, then, is what is granted to the military commander: The power or duty "to protect all persons in their rights of person and propel ty, to suppress insurrection, disorder and violence, aud to punish, or cause to bo ] mashed, all disturbers of the public peace and criminals," and he may do this by tho agoncy of tho criminal courts of tho State, or, if necessary, ho may have rosort to mili? tary tribunals. This comprises all tho powers given to the military commander. Hero is a general olauso making it the duty of the military commander to givo protection to all persons in their rights of person and property. Considered by itself, and without reference to tho context and to other provisions of the Act, it is Hablo, from its generality, to be misunder? stood. What sort of protection is hore meant? What violations of the rights if persons or of pioporty are here intended? In what manner is this . proteotiou to bc given? These ques? tions nrise at once. It appears that sorao of tho mili? tary commanders have understood this grant of power ns all-compre? hensive, conferring on them tho power to remove thc cxecutivo and judicial officers of tho State, and to appoint other officers in their places, to suspend the legislative power of tho State, to take under their control, by officers appointed by themselves, tho collection and disbursement of the revenues of tho State, to prohibit tho execution of tho laws of the State by tho agency of its appointed of? ficers and agents, to chango the exist- ' ing laws in matters affecting purely civil and private rights, to suspend or eujoiu thc execution of judgments and decrees of tho established State courts, to interfere in tho ordinary administration of justice in tho State courts, by prescribing now qualifica? tions for jurors, and to change, upon the ground of expediency, tho exist? ing relations of the parties to con? tracts, giving protection to ono party by violating thc rights of tho other party. I feel confident that these military officers, in nil they havo done, havo supposed that thej had full warrant for their action. Their education and training have not been of tho kind to fit them for tho dolicato and difficult task of giving construction to such a statuto ns that now nndor consideration. They require instruc? tion, and nearly all of them have asked for instruction, to solve thoir own doubts, und to furnish to them a safo ground for tho performance of their duties. There can bc no doubt UR to the rulo of construction according to which we must interpret this grant of power. It is n grant of power to military authority, over civil rights and citizens, in time of pence. It is a new jurisdiction, never granted j before, by which, in certain partieu i lars and for certain purposes, tho es ? tablishcd principle that tho military j shall bo subordinate to tho civil j authority, isroversoil. The rulo of con structura to be applied to such a grant ' of power is thus siated in I) warris on ? Statutes, jingo 052: "A statuto creat j ing fi new jurisdiction ought to be 1 construed strictly." Guided by this rule, and in tho light of oth?r rules of reconstruction familiar to every lawyer*, especially of those which teach us that in giving construction to single clauses we must look to the context and to the whole law; thal general clauses aro to be controlled bj'particular clauses, and that such construction is to be put on a special clause as to make it harmonize with tho other parts of the statute, so as to avoid repugnancy. I proceed to the construction of this part of tho Act. To consider, then, in the first place, tho terms of thc grant. It is j of a power to protect nil persons in their rights of person and property. It is not a power to create new rights, but only to protect those.which exist and nie established by the laws under which these people live. It ia a power to preserve, not to abrogate; to sustain the existing frame of social order and civil rule, and not a power to introduce military rule in its place. In effect, it is a polico power, and the protection hero intended is pro? tection of persons and property against violence, unlawful force, and criminal infraction. It is given to meet the contingency recited in tho preamble, of n want of "adequate protection for lifo and property," and thc necessity also recited, "that peace and good order should be en? forced. " This construction is made moro apparent when we look nt the imme? diate context, and sec in what modo and by what agency this protection is to bo secured. This duty or power of protection is lo be performed by the suppression of insurreetion, dis? order and violence, and by the pun? ishment, either by tho agency of thc State courts, or by military commis? sioner;,, when necessary, of all dis? turbers of the public peace nnd cri? minals; and it is declared that all interference, under color of Stnto authority, with the exercise of this military authority, shall bo null and vc'!. The next succeeding clause pro? vides for a speedy trial of tho offend? er, forbids thc infliction of cruel and unusual punishment, and requires that sentences of these military courts which involve tho liberty or lifo of tho accused shall have tho approval of the commanding general, and os to a sentence of death, the approval of the Prosident, before execution. All these special provisions have roforenco to tho preservation of order, and protection against violence and crimo. They touch no other depart? ment or function of tho civil admi? nistration, save only its criminal jurisdiction, and even os to that, tho olear meaning of this Aot is, that it is not to be interfered with by tho -