OCR Interpretation


The Columbia daily phoenix. (Columbia, S.C.) 1865-1865, May 23, 1865, Image 1

Image and text provided by University of South Carolina; Columbia, SC

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84027007/1865-05-23/ed-1/seq-1/

What is OCR?


Thumbnail for

$1 a Month, in Advance. ''Let our just Censure attend the tmo Even*."-Shaksprare. Single Copies Five Cents
By J. A. SELBY. . COLtJMBIA, S. C., FRIDAY MORNING, MAY 19, 1865. VOL. l.-NO. 43.
THE COLUMBIA PHONIX,
PU3LISHKD DAILT. EXCEPT SEN KAT,
BY JULIAN'A. SELBY.
TERMS [SPECIE)/IV AD l'A y CE.
suusciVnrrioN.
Six months, - - - *f>
Oce mouth, - " - - - 1
ADVEUTISIXO.
One square, (ten lines.) o::e time, iO cts
Subsequent insertions. - ."??1 eta "
The Confiscation Act.
A Bill to Suppress Insurrection, to
Punish Jreasnn and Rebellion, lo
.S' izc and Confiscate Ike Property
of Rebels and for other purposes.
Be it enacted by the Senate and
. Iiuu-.e of Representatives of tl ie
United States of Ahrerica in Congress
assembled, That every person who
/?hail 1.(.leafier commit, the crime ol
treason against the United States. Jud
shall be adjudged guilty llieicof, shall
Huffer death, and all his slaves, ii any
shall be declared and made free, or lu
shall be imprisoned for not less thai
fiv-p veals and tined not less, that
$10,000, and all. his slaves, if any
shall be declared and made free; sai(
?ne shall bo levied and collected ot
:uiv or all of lite property, real nm
personal, excluding; slaves, of whiei
the said person so c mvtitted was tin
owner. ;.t the lime uf committing tb
said crime, ?ny salo or conveyance t<
the contrary notwjthstardttiii.
SEC. 2.-And be it further enactec
That if atty person shall bereifte
incite, pet on foot, assist or engage i
hny reb'dl'on <>r insurrection again."
t :?.- atlthori y of the United States, c
ti c laws thereof, or shall give aid i
comfort liu-reto,.or shall engage in o
jjivs nid ir o. ?ni fort io anv sue!- -'xis
ing rebel!: <>r insurrection, and 1
convicted thereof str.-h person snail ii
punished l>v imprisonmeri' for a perin
not exceed tu o- 'cn years, ny a fine tr
crxceeding Si0,000,* and hy the liber:
tion of ail slaves ii anv lie have.
SEC. And he it' further ena?lei
That ever-.' person guilty <d" cither i
the ? Helices described iii this Act sim
be forever incapable aud disqualifie
to hold any office under the Un;u
Sta! es.
Sice. 4. And be it furl-tor enante
That ibis Act shall not be construed
any way t-> effect or alter the ? ros
ditton, cen viet ion or punishment
anv person or persons guilty of treast
against the .United States before tl
n-iss.age of this Act,tmlees such perse
is convicted under this Act.
SEC. 5. And he ii further enncte
That to injure thc speedy tenninntii
?>f thc present rebellion, it shall be ti
duty cf the President of the Uni:
States to cause the seizure of all t
<--'nto :!t),l property, money, stix
credits and effects of the persons hoi
airer named in this section, and
apply and cse the same and thc p
i ...eds thereof for the support of t
Cjtmv ol the United Stales, that, is
?av: first, ot any person hereat
riding as an officer of thu army n
.. wv ol' t'r.e rebels in-anns ngainst I
Government of the Un.led Stat
s eondly, of anv person hereafter fi
: g a- l'tvsiilent, Y ice. President, me
i r of Cingles-, judge of any cot
cabin ?t? officer, foreign minister, co
missioner or consul of the' sn cal
Confed?rale States of America; thin
of any person acting as Governor o
State, member of n convention or le;
Utvtre, oY judge o! any e.ant of
so called Confederate Slates of Ai
ric?.*, fourthly, of anv poison iv
having held an office of honor, trus
profit in the United State?, shall h
.?tfter hold an office in the so-ca
Confederate States of America; lift'
of any person hereafter holding
Dffice or agency under thc Governm
)f the so-called Confederate Slate
America, or any of the several St
)f tho said Confederacy or fl.e !
thereof, whether such office or ag?
he national, State or municipal i
.d.'".racter: provided, that the per:
.hirdly, fourthly and fifthly above
reribed s?mil have accepted their ap
pointaient or election since lue. date of'
the pretended ordinance of secession
of the State, or shall have taken an
oath of allegiance to ot to support the
Constitution of the so-called Confed?
erate State?; sixthly, of nity perron
who, owning property in any loyal
Stat? or Territory of the United
States, or in the District of Columbia,
shall hereafter assist and give aid and
comfort to such rebellion, and all sales,
transfer or conveyance of any such
property, shall he null, vnJ void; and
if. shall he. a rufiicient har to any suit
brought by such person for the pos?
session or the us.-, of such proper! v, or
any of it, to allege and provo that he
is one of the persons desuiibed in this
section.
Size. 0. And he it further enacted,
That if anv person within anv State,
or Territory of the Uni'ed States,
other than those named as aforesaid,
after the passage of this Act, being
engaged in .armed rebellion against
the Government of the United States,
or aiding and abetting such rebellion,
shall not, within sixty days after public,
warning and proclamation duly given
and mad? by the Preside.is 'of the
United States, cease to aid, ^ounte
nanc.e .-ind abet such "rebellion, and
return to his allegiance, to tb?; United
States, ail the estate and property,
moneys, stocks and credits ot such
person shall be liable to seizure as
aforesaid, and it shall bo the duly of
thc President to seiz-* and use them as
aforesaid, or lite proceeds thereof.
' And all sales, trnntsfeis or conveyances
j of anv such property tilter thc expi?
ration of said sixty days from the date
i of such warning or proclamation shall
j be nui! and void.- And it shall be n
sufficient bar to .-un* suit brought liv
such person !<>r tito possession or the
use of such property, or a-ry of it, to
ailege and prove that lie is ove of the
persons described in'this section.
SEC. 7? And be it further enacted.
That to secure the condemnation and
salo of any such property, after tlif
same shall have been seized, so that it
may be made available for the pm
poses aforesaid, proceedings in rem
shall be instituted in the name of thc
United States in any distiict court
thereof, <>r in any territorial court. 01
in the United States District Court foi
the District of Columbia, within whicli
the property ano ve described or ans
part thereof may be found, or itttc
which the same, if moveable, may firsi
?e brought; which proceedings slial
conform as nearly as may be to pro
ee?dmgs in admiralty or revenue cases
and il said'property, whether real 01
personal, shall be fourni to have he
longed to a person engaged in tin
rebellion, or ?fho has given aid o
comfort thereto, the same shall he com
demoed as enemies' property, am
become the property ol the Unitei
Slates, anti bo dispose ! o! as the cour
shall decree, and thc proceeds thereo
paid into tho treasury ol the Unitei
States for the purposes aforesaid.
SEC. S. And be it further enacted
That the several courts aforesaid shal
have power to make such orders, es
tabUsli such forms o? decree and sale
and direct such deeds and con voyance
to he executed and delivered by th
marshals thereof, where real est?t
shall be the subject of sale, as sha!
fitly and efficiently effect the purpose
of this Act, and vesls in tho purchn
sers of such property good and vali
tides thereto. And the said com
shall have* power to allow such fee
ami discbarges of their offieets .1
shall be reasonable and proper in th
premises. \
Sr.c. 0. And bc it further enactei
That all slaves or persons who sha
hereafter be engaged in rebeliio
against the Government of the Unite
Stntes. or who shall in any way giv
aid or t comfort thereto, escaping frot
such persons and taking refuge withi
the Iir.es oi the army, and all slavi
j captured from such persons, or deset
. 1 . 1 1
eu by thom and coming miner the !
?control of the Government ,ol the '
United States, find fl! slaves of sind; j
persons found or being found within
any pince occupied hy the forces of j
the United States, shkil bo deemed |
captives of war, and shall be forever j
fre?$ of their servitude, and not again ?
held as slave-.
S;;c. 10. And be il further enacted, '
That j,o slave escapinginto 'any Hinte, !
Territory, or the 1> -.. ict of Coiitmhia, l
j from any other Stat', shall ix; chdiv- J
ered np, or in anv way impeded or I
hindered ?i? his lib' r'ty, except for
I crime or some offence against the j
laws, unless the per?on .claiming?aid !
fugitive shall first, malee oath that the I
person to whom the k.bor'or service of :
such fugitive is alleged to bo due w ,
bis lawful owner, and bas not borne i
anns against the United States in the
present rebellion, nor in anv way given
aid and comfort thereto; ami no per?
sons engaged in the mil: ta rv or naval
service, of the United H'nte- shall,
under any pretences whatever, :issuri\e
lo decide on the vail lity of the chiim
of nnyjperson to the service or labor of
any other person, or surrender up anv
si>ch perstn to tho claimant, on pt.in
of hein<r discharged from the service.
SEC. ll. Ami be it further enacted,
That lie? President, of the . Unite i I
States is nulli ?rized to employ as I
rnanv persons of African descent ;is j
lie inav deem ieee-- ify and proper for .
the suppression ol this rebellion; and i
for this purpose lie may organize and !
use them in'si.eh manner as he mav I
judge best for the public welfare.
SEC. 12. And he it funner enacted, j
That the President of the United I
States is hereby .authorized to make j
provision for the transportation, colo j
nrza lion and settrcment. in some
tiopical country beyond .the limits of
tile United Sta'C^, of such persons of
thc African race, made, free hy the
provisions of the Act, ns mav he will?
ing to emigrate, having firs; obtained
the con?ent of the Government of said
country to their protection and settle .
tnent within the same, with all * the
rights and privileges of freeHien.
SEC. 13. And be it fur:nor enacted,
Tiiut. the President is hereby authoriz?
ed, at any time hereafter, hy proclama?
tion, to extend to persons who may
have participated in the existing rebe'-,
lion, in any State or part thereof,
pardon and amnesty, with such excep?
tions and at such time and on such,
conditions as he may deem expedient
for the publie welfare. Also, that the
President shall have power to restore
property seized under the Act to any
person who may be found to have
been innocent.
SKC. l t. And he it further enacted,
'that the cunts of the United States
have full pi)wer to institute proceed?
ings,,make oriers and decrees, issue
process, and do all other things neces?
sary to carry this Act into effect.
After the foregoing Act had pissed
both Houses, it was sent to the Presi?
dent for his signature, who, however,
disapproved some features and had
prepared a veto mer-sage, when the
following resolution was passed by both
Houses, in order to remove the Presi?
dent's objections to the bill:
Resolved, By the Senate and House
of Representative--, Sec., ?hat the
provisions of the third clause of the
filth section of an Act to suppress
insurrection, to punish" treason and
rebellion, and lo seize and confiscate
the property of rebels, and lor other
purposes, shall be ro construed as not
to Apply to any Act or Acts done
prior to the passage ther.o'; nor to
include any member of the State
Legislature or Judge of any State
Court, who has not. in accepting or
entering upon his ellice, taken oath to
support the Constitution of thc so-call?
ed Confederate States of America; nor
shall any punishment or proceedings
under said Act be so construed as to
work a forfeiture of the rcnl estate of
tho offender beyond iii? nrrtural life
? i fluni im nm -iw ? --n niiiwi
The Amnesty Proclamation.
WHEREAS, in and by the Constitu?
tion of the United ??tate?, it is provided
that the President shall have power to
grant reprieves and pardons for of?
fences against the Untfed State',
except i ri cases of impeachment: and,
whereas, a rebellion now exists, where?
by lin; loyal S:;Ue Govern tuen ts of
several Stn'os have for a long time
been subverted, ?nd many persons
have committed and un; now guilty of j
treason against tho United State*; and j
whereas, with reference to said rebel?
lion and treason, laws hare been en
acted by Congress declaring; forfeitures
aoj confiscation of property and libe?
ration of.slaves all upon terms and
conditions therein slated, and also de- j
daring that the President was thereby i
authorized at any time thereafter, by
proclamation, to extend to persons
who may have participated in the
existing rebellion in any Slate or part
thereof", pardon and amnesty, with
such exceptions ant at such times and
on {such conditions ns he may deem
expedient for tire public welfare; and
whereas, the Congressional declaration
for limited and conditional pardon
accords with the well established ju?
dicial exposition of the pardoning
power; and wher?a?, with reference to
the said rebellion the President of the
I nited Stales has issued several pro?
clamations with provisions i . regard to
the liberation of si a yes; and whereas,
il is now desired by some persons here?
to.ore engaged in the said rebellion t??
resume their allegiance to the United
States, and to iv inaugurate loyal State
Governments within and irir their re?
spective States; therefore I, 'Abraham
Lincoln, President of the Unite! States,
do proclaim and make known to ?ll
pensons who have directly or by im
plication participated in the existing
rebellion, except as hereinafter except?
ed, flint a full pardon is hereby granted
to them, and ?ach of them, villi resto?
ration of all rights of property, except
?is to slaves, and in property cases
where tlie rights of third parties sha!!
have [intervened, und upon the con?
dition that every such person shall
take and subscribe :m oath,ami thence?
forward keep :u:d maintain sa'd oath
inviolate, and which oath shall hi
registered for permanent preservation,
md shall be of the tenor and effect
following, to wit:
"I do solcmnly.swear, in presence o
Almighty God, that 1 will henceforth
faithfully support, protect, and detent
the Constitution of the United States
iud the Union of the States there
moer, and that 1 .will, in like manner
ibide by and faitbiuliy support al
..Vets of Congress passed during thc
ixisting rebellion with reference tc
daves, so long and so far as not re
lealcd, modified or held yoiil by Con
jress, or by decision of the Snprem<
,'otirt. and that I will in like manne;
ibide by and faithfully 'support al
proclamation of the President madt
{ii ri ?i cr the existing' rebellion having
.eference to sin ves, so iong and r?o fa
is not modified or declared void bj
lecision of the Supreme Court. St
?elp me God.
'J'he persons excepted from the bene
its of the, foregoing provisions are al
vho are or shall have been civil 50
iiplomatic officers or agents of the so
tailed Confederate Government, al
vho have left judicial stations mule
he United States to aid the rebellion
ill who arc or shall have been militar
>r naval officers of said so-called Con
ed era te Government, above the ran!
d colonel in tho army, of lieut enan
ri the navy; all who have left se:;t-- i:
he United States Congress to aid i
he rein ilion, all who resigned coir
marions in the anny or navy of th
Jnited States and afterwards aided th
ebellion, and all who have engage
n any way in treating colored persqr
ir white persons in charge of sud
>thcrvvise than lawfully as prisoners 1
var, and ?which person;-, may hav
jeer? found in the United Slates se
vice as. soldiers, reamen, or in \y
oilier capacity. And I do further
proclaim, declare and make known
that'whenever, in ?ny of the Stales of
Arkansas, Texas, Louisiana, Missis?
sippi, Tennessee, Alabama, Georgia,
Florida, South Carolina and . North
Carolina, a number of persons not
less than one-tenth in number of the
votes cast in such States at the Presi?
dential election of the year of our
Lord 1SG0-each having taken the
oath aforesaid, and not having sinjte
violated il, and being a qualified voter .
by the election law of the Sate exist
ing immediately before the so-called
act of . secession, and' excluding all
others-shall re-establish a State Go
vemment, which shall be republican,
and in no'wise contravening said oa'.l),
puch shall he recognized as the true
Government o' tue State, am the
Slate shall receive thereunder the
benefit of the corstitotional provision
which declares that "thc United States
shall guarantee to every State in this
Union a republican form ot' Govern?
ment, and shall protect each cf them
against invasion, on application of the
Legislature, or of the* Executive ?hen
the Legislature cannot be convened,
and against domestic violence.':
And I do further proclaim, declare
and make known, tba' any provision
which mav be adopted by such State
Government in relation to the freed
people of such Stat?', which shall .
recognize and declare their permanent
freedom, provide for their education,
and winch may vet be consistent as
temporary arrangement with their
present condition tis n laboring, landr
less and houseless das0, will not be
objected toby the National Executive.
And it is engaged as not improper that,
in constructing a loval State Govern?
ment in ;my State, thc name o! the
State, the boundary, the -subdivisions, , .
the constitution and the general code
of laws, as before the rebellion, be
maintained, subject only io the modi- ,
float ions made necessary hy the con-'
ditions hereinbefore stated, and such
others, if any, not e- .-..'ravening said
conditions, and which may bi deemed
expedient by those framing the new
State Government.
To avoid mi^undOkTstanditig, it may
be proper to say that this proclama?
tion, so far as it relates to State
Government, has no reference ?o
S'ates where loyal State Governments
have all the while boen maintained.
And for the samo reason it may be
proper to further say, that whether
members sent to Congress from any
State shall bc admitted to seats con?
stitutionally, rests exclusively with the
respectivo houses, and not to any
extent with the Executive; and still
further, that proclamation is intended
to present to the people of the States,
wherein the . national authority has
he<m suspended, and loyal State
Governments have been subverted, a
mode in and by which the national
authority and loyal State Governments
may be re-established within said
S ates or in any of them; and while
the mod.- presented, is the best the
Executive can suggest with Ilia pre- .
sent impressions, io must not be under?
stood that no other possible mode
would be accepted.
Given under my hand, at the City
of Washington, the eighth day of De?
cember, A. D. one thousand eight
hundred and fix'y-three, and of the
United States of America the eishtv
eiglith. ABRAHAM LINCOLN.*
Bv the President:
WM. H.SEWARD, Secretary of State,
?jitw Notice.
IWI bb be found in the South Carolina
College buildings, m the Library, from
lo a. m. io 1 2 tn.
M ny -1 J A M ES D. TRADEWELL.
For S?Je~
A FI SK LEATHER-TOP BUGGY-1
XJL made of best materials and nearly as
good as new.
Also, ont, eett SILVER PLATED HAR?
NESS, marlv as good as new. Apply
soon to " JOHN C. DIAL,
i

xml | txt