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The daily phoenix. (Columbia, S.C.) 1865-1878, August 11, 1865, Image 1

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THE MILT ??^SffiZ
DAILY PAPER $10 A YEAR. "LET OUR JUST CENSURE ATTEND THE TRUE EVENT.\ TRI WEEKLY 87 A YEAR.
BY J. A. SELBY. COLUMBIA, S. C., FRIDAY MORNING, AUGUST ll, 186& VOL. L-NO. Il4v
THE PHOENIX
' IS PUBLISHED
J) A IL Y AND TRI- WE ERL Y.
AND THE
WEEKLY GLEANER
?VF.RY WEDNESDAY.
BY JULIAN A. SELBY.
TERMS-IN A DVANCE.
SUBSCRIPTION.
Dailv Paper, six months.$5 00
Tri-Weckly, " " ..? GO
Weekly, " " .'2 00
8ingle*c?pi?i< of the Daily and Tri-Weekly,
10 couts; ot the Weekly, 15 couts.
KD\ F.nTISE JIF.NTS'
Inserted in either thc Daily or Tri-Weekly at
$1 per square for the first insertion, and 75
cents for each subsequent insertion. In the
Weekly, ila square.
XE?~-special notices 15 ..cuts a line.
Important Legal Decision.
A case of importance, ns showing
the holdings of the Federal Courts
teaching the responsibility of Confed?
erate officers before the civil tribunals
for military acts clone in obedience to
the orders of their superior officers,
?was recently decided in the First Dis?
trict Court of New Orleans:
In accord n-e with the writ of
habeas corpus . s sued from this Court
on Saturday, Mr. John Burke pro?
duced in Court the body of Robert
Lynne, and showed cause why lie had
arrested hint, namely: affidavits rep?
resenting him as gi4?Hy of several high '
crimes. Two gentlemen testified that
Mr. Lynne hid hoon an officer under?
the Confederate Government, and;
that he had power to shoot summarily !
jayhawkers. It was contended that :
Roy. one of the persons shot, had not ,
l>een a jayhavker. The oath of aile- :
giance, and also the amnesty oath j
taken by Capt. Robert. Lynne, were
tiled. The affidavit of Capt. Robert
Lynne deposes that in thc early part
of the year 18(>3, being then in the
Parish of Avoy elles, he received from
General Richard Taylor, department i
commander, through his immediate ;
military superior, orders to collect in
carap all conscripts in said Parish; I
and that in e?tse of armed resistance, I
that all men so found with arms in
their hands should be executed sum?
marily. These orders were captured
with his baggage at Staunton, Va.,
and he himself was taken prisoner and
kept in confinement, and it is impos- :
sible for hint now to produce said
orders frofti his superiors, in conse- j
* quence yf tho capture of the records
of the.Confederate Government.
The Attorney-General, Mr. Lynch,
made an allie speech to show that Mr. !
Ray, who, it seems, was shot by order
of Capt. Lynne, during tho prevalence .
of Confederate ride in thc Parish of !
A voyelles, was not a j'ayhawker, there- j
fore the caso of Capt. Lynne does not
come within the protection extended
by the laws of war to recognized bel?
ligerents; that a Confederate grand
jury had preferred charges against
Capt. Lynne. On the conclusion of
the Attorney-General's speech, the j
counsel for Capt. Lynne submitted the '
case to the Judge without further ar- j
gument. The Judge thereupon pro?
ceeded to deliver his opinion. The
Court stated, in substance, that it had
been proved Capt. Lynn^> had acted
under orders of his superior officers,
and that the Confederate Government
was a Government de fado at that
time in that Parish; that to make per?
sons amenable in the civil c mrts after
the war was over for acts committed
during a state of war, Avould open so
wide an arena for endless strife that
the consequences would be awful, and
.tend rather to create endless dissen?
sions than that state of harmony that
should now be cultivated; that acting
under any o lier principles, all the
soldiers ot Gen. Lee's army might be
indicted individually; that in the.ex
change of prisoners and other things,
'the United States had -recognized the
Confederate's as entitled to the rights
.of belligerents. He, therefore, order?
ed the release of Capt. Lynne instan?
ter from all the charges preferred
against him, without, however, im?
peaching the motives of the Attorney
General, Mr. Lynch, or those of the
Chief of Police, Mr. Burke, as he be?
lieved they acted from zeid in the dis
..hnrge?>f thoirdnty.
, Indian Troubles.
Missourians little know the troubles
to which their brethren aro subjected
from the Indians; while on their way
to peaceful homes in' the North-west
Territories. Speaker Colfax saw some
of the dangers on the road from Den?
ver to Salt Lake, and telegraphed to
Washington for five or six thousand
troops, but they arrived tipo slowly to
give efficient protection To the thou?
sands of pilgrims now on the road.
The friendly Arapahoes, of whom four
or live hundred are camped near, und
fed at Fort Halleck, seem to be the
aggressive parly at present. Feigning
to desire to go South in quest of buf?
falo, seventy or more, warriors drew
six days' rations. Then commenced
the depredations and massacres. In
the very face of the fort, June 27.
they drove off twenty-six head of
stock from Elk Mountain station, and
on the 3d ult., fifteen more. Passing
down, they cleared off the stock at
Medicine Dow station, and burned
Foote's ranche, blacksmith shop, wa?
gons,-?flour and provisions, and took
one hundred and nine head of stock
belonging to Foote and Elder. There
was a train of one hundred and fifty
wagons "bunched up" near Foote's,
and I saw one poor straggler's dead
body brought in-split open like a log.
The hills wen; black with hostile In?
dians. The consternation and crying
of the women and children wen1
heart-rending. At Rock Creek, twen?
ty-five miles below Fort Halleck, they
appeared three hundred strong.
Having broken up all gold mining
operations in that vicinity, they swept
off eighty-five head of stock, horses,
mules, oxen and cows, the thieves
waving back their owners, unless they
wanted to lose their scalps. Two
soldiers of the 11th Ohio were killed
on Rock Creek fiats. The body of
one of them was mutilated in the most1
shocking manner-feet cut ou", eyes
dug ont, heart taken away and bowels
hanging over the aperture, head
scalped, but the remaining abuses
must be undeseribrd! 1 saved an old
white-bearded gentleman, by his last
chance of escape from Rock Creek, in j
the stage. . I
At Virginia Dalo station. Jim Ennis,
an old hunter, was met by an Indian :
professing to be a '"friendly Rappa- 1
ho," and held in conversation till six i
other savages a] ?peared and shot a '
poisoned arrow through his liver. I
saw him die in four hours-frothing
at the mouth-a most excruciating
death. Now, there has been no !
known provocation for these atroci- j
ties. The Indians say, "If Hie white !
man would keep away tho buffalo
would come again." But the whites
won't keep away. The pacification
policy will not answer. The common
rules of war will not answer. I would
not go for extermination; but nothing
short of a very severe punishment by !
an irresistible army of white troops
will teach thom to behave themselves.
If squaws, abandoning their children j
in their wigwams, stand in tU|jN?ilc
pits to fight us, the ide*.of diserimi- I
nation is absurd. One hundred of !
Col. Chivington's troops had seen j
their own wives and children massa- j
ered and their ranchos burnt. These I
make the soldiers to deal with the
treacherous redskins.
[$/. Louis Democrat.
EMIGRATION TO TIII: IGNITED STATES.
The Committee on Statistics of Emi?
gration in Hamburg has published a
report sh owing that from 1855 to 18(51
there left from the port of Hamburg
214,889 emigrants, from that of Bro- .
men 270,256, and from tliat of Liver?
pool 1,037,479. From this number j
arrived in New York 1,232,1)01, and in
Quebec 187,003. The emigration of | \
Bohemians to the United States was 1
never so large as during the present
season; and the number of emigrants
during this year has so rapidly in?
creased that weekly extra trains have
to be run to bring them in proper time
MI board the sailing vessels and steam?
ers on which thoy have engaged their
passage.
The King of Greece has ordered a
monument to be erected to Byron, at
Missolonghi. It is to be inscribed
writh the date of his death, 19th April,
1824, and to be erected near the spot
vhere he died.
Zealy, Scott <St Bruns,
I ASSEMBLY STREET.
Columbia Gas Light Stockholders'
Assessment.
rilHE subscriber is now ready to receive
.JL the nbovo at Iii? office, corner of Plain
and Assembly streets. Payment is required
en or before MONDAY, the 14th inst.
Aux'..);. JACOB LEVIN.
r JJ \ \ L ll, Duli ALI I -? DU \\ Willi,
(Snc'sors to Uotchkfe*, Fenner ?V Bennett,)
COW* MERCK?NTSt
40 VESSEY STREET, NEW YORK,
AND
MEMPHIS, TENNESSEE.
Tnos. rr.NNKn, u. BENNETT, I>. W. BOWMAN.
MK. T. A. TOBIN, who was for a length
of time connected with thc old timi bf
Llotehkiss, Fenner ft Bennett, lia? an inter?
est in the present tirm, and will devote, his
attention principally to thc State uf South
Carolina. His address will be Clinton,
Laurens District. Aug 4 imo
40, 4?740
]JUDIE FRESH BUTTER.
LEAF LAUD. For 10 cents per
ponnd,at the
Clieap Store.
ZEALY, SCOTT & BRLXS~
Assembly Street.
3 0.
niSIS, SIIOIMRS ASO CACOS,
1AAA LBS. BACON, at thc above |
,1/1 f\ f tigure, at the . I
AUK ? CHEAP STOKE. ?
j WKW -GOOBS, I
OPENING AT
i SUELTOS, CARO & W ALSH'S,
Ii I'LL STREET.
i
TUST received from New York, Philadel?
phia and Baltimore, a large assortment
of Gentlemen's, Ladies', Misses' and Child?
ren's SHOES, in great rtirietv.
In addition to former stock, we aro open?
ing a tine assortment of GOODS, consisting
in part nf:
Ladies" HATS, the latest fashion.
Hoop Skirts. Ladies' Hosiery.
Mens Hose. Ladies' Waist Belts.
Pius, Powder Puffs and Powder.
Cond>s, Brushes. Toilet Soap.
Lemons. Copperas. Water Buckets.
Blacking. Bologna Sausage's.
Window Class. Suspenders.
Candles, Matches. Black Popper, Soaps.
Sweet Oil, Coffee. Sugars. \\ hisk Brooms.
(?reen Tea. (line.) ?L7? peril)., Herrings.
Starch, Mackerel. Smears, ?hite and brown
Claret, Champagne, Bourbon Whiskey.
Sugar of Lemon, for making Lemonade.
Cheese, Brooms, Water and Fancy Crackers.
Rim Knob Loeks, Pad Lock?, ftc.
Notice-Charitable Appeal.
rTlHE holies of the URSULINE CONVENT
.JL and ACADEMY are anxious to rebuild,
as speedily as possible, an edifice suitable
for their Monastery and Institute, theirs
having been burned in the general confla?
gration of Columbia by tin* United States
Army, under Gen. Sherman, on thc night of
FebrJtary 17th. And while they are far
frontpressin-jf their necessities on their fel?
low-sufferers of the South, will gratefully
receive ?nv cfJhtribntions which the friends
of education and religion may donate them
for this excellent work. Remittances may
be made through the Express Company.
Please address
THF MOTHER SUPERIOR,
Ursuline Convent axd Academy,
Care Dr. John Lynch, Columbia, S. C.
Aug 2 Imo
?. LTSOLOMON,
General Commission Merchant.
Second Door from Shiner House, Plain street,
COLUMBIA, S. C.,
DEALER in foreign and domestic mer?
chandize. The highest market price
paid For COTTON and COUNTRY PRO?
DUCE in gold or currency.? Consignments
solicited, which will receive my usual prompt
ittention. Refer to
C. R. Crump ft Co., Augusta, Ga.,
LaRoehe ft Fell. Savannah, (ia.,
Gibbon ft Co.. Charleston. S. C.,
Koopman A Phelps, Charlotte, N. C.,
Fuller ?V Wilkerson. Loasburg, N. C.,
R. P. Richardson, ReadsvUIe, N. C.,
James K. Lea, Yancey ville, N. C.,
Chambers ft Patrick, Danville, Va.,
Brownly ft Co., Petersburg, Va.,
Kent, Paine & Co., Richmond, Va.
Aug I fs27_
MUSIC.
A small assortment of CHOICE MUSIC,
?TL bv the old masters-Beethoven and
>thors"-for cale at MCKENZIE'S,
Aug 5 Corner Plain and Gates streets.
The New Yfctk News.
DAILY and WEEKLY. TrtE KEW YORK
WEEKLY NEWS, a gr\t family news?
paper-BENJAMIN WOOD, l\ oprictor-the
largest, hest and cheapest pa\^r published
in New York. Single copies, cents; one
copy one year, $2; three copie? one >year?
5.50; rive copies one year, 8.75? ten copie?
one year, 17; and an extra copy tv &ny club
of ten. Twenty copies one yeat, ;j?; the
Weekly Netes is sent to clergymen at l.co.
NEW YORK DAILY "NEWS.
To mail subscribers, $10 per annula; six
months, 5; payments invariably in advynce.
Specimen copies of Dailv and Weekly IVws
sent free. Address BENJ. WOOD",
Daily News Building,
No. 19 City Hall Square, New York City.
Aug t)_-_
THE CHRISTIAN INDEX. ~
BY the FIRST OF OCTOBER, or as soon
as thc mails an: re-established, I will
renew the publication oi the "CHRISTIAN
INDEX"' and the "ClIlLD S INDEX" I have
been publishing.
Price ?d' "Index,'"perannum.$3 00/
Price of "Child's Index," " . 50
(A deduction made for Clubs.)
Money may be remitted at, once, as my
determination is positive. My desire is tb
sceuro a large subscription list with which
to begin, and I issue this prospectus that
subscribers may have time to forward their
remit? alices.
It is my intention to issue first class
papers, and no pains or expense will be
spared to secure that end. The best writers
and correspondents will be secured, and
the highest religious and literary talent will
be given to the papers. The CHILD'S
PAPER will be profusely illustrated and
will, in every sense, be made to conform to
its new title,
THE CHILD'S . DELIGHT:
Money may be sent by Express or other?
wise-ii* by Express, at my risk, if tim Ex?
press receipt is sent me, on the resumption
ot mail facilities.
My connection with thc linn of? J. W.
Burke <& Co., is dissolved, but I will esta?
blish an office in Macon. Coorpia, whero
communications maybe addressed.
Aug 5 Imo " SAMUEL BOYKIN.
A GREAT WAAT SUPPLIED !
NEWS FROM A LL QCARTERS!
PUBLISHED
At the Capital of South Carolina,
COLU 3VT BIA.
JOB
nen as HAND-BILLS, CARDS, OIRCF
IARS, SHIN-PLASTERS, etc., oxeentec'
romptly and at reasonable rates.
jr LI AX A. SELBY,
July 31 Publisher and Proprietor.
THE DAILY MS,T,
ISSUED everv morning except Sundav, is
lilied with the LATEST NEWS, (by tele?
graph, mails, etc..) EDITORIAL, CORRES?
PONDENCE, MISCELLANY, POETRY,
STORIES, etc. This is thc only daily paper
in the State outside of thc city of Charleston.
The Tri-Weekly Phcenix,
For country circulation, is published every
Tuesday, Thursday and Saturday, and has
nil the reading matter of interest contained
in the daily issues of thc week.
WEEKtV
A HOME COMPANION.
As its name indicates, is intended as a
FAMILY .TOURNAI,, and is published every
Wednesday, lt will contain Eight Pages,
)f Forty Columns. Thc cream of the News,
Miscellany, Tales, etc., oi thc Daily and
rri-weeklv will be found in its columns.
TERMS-INVARIABLY IN ADVANCE.
Inilv, one year.$10 00
" ' three, months. 3 00
Tri-Weekly, one year. 7 00
" " three months. 2 00
Veekly, one year. 4 00
'. * three months., 1 25
Advertisements inserted in thc Daily or
?ri-Weel?ly at $1 a square for the first in
ertion, and 75 cents for each subsequent
nsertion. Weekly advertisements SI a
quare every insertion.
CALL AT
G. S. Jenkins'
ST$S?i
?Assembly Street,,
THIRD DOOR FR&M kPENDLETON.
Aug 10_M)
W. B. JOHNSTON,
Office on Picken* rtreet East end of Lady.
WILL attend to all official business
brought before him; will also attend
to drawing up Deeds, Conveyances, Mort?
gages, Contracts, and other ordinary legal
instruments of writing. Fair copie? of any
document executed with neatness and de?
spatch. August 1
. ZBALY, SCOTT & BliT
ASSEMBL Y STREET.
Hcmlq'rs Department of thc South,
HILTON HEAD, fi. C., JULY 29, 18G5.
GENERAL ORDERS NO. 9.
IT is announced, for the information and
government of this command, that BEN?
JAMIN F. PEBBY, of South Carolina, has
been appointed, by the President. Provi?
sional Governor of the-State of South Curo
lina, with authority and instructions, "at
the earliest practicable period, to pfescribe
.such rules and regulations as may nc neces?
sary and proper for convening a Convention,
composed of delegates to be chosen bv that
portion of the people of said State who aro
loyal to the United States, and no others,
for tho purpose of altering or amending tho
Constitution thereof ; and with authority to
exercise, within thc limits of said Sta+e, ail
thc powers necessary and proper to enable
such .loyal people of the State of South
Carolina to restore said State to its consti?
tutional relations to the Federal Govern?
ment, and to present such a Republican
form of State Government as will entitle tho
State to thc arnarautce of the United States
therefor, and its people to protection by tho
United States against invasion, insurrection
and domestic violence: Provided, That in
miv election that may be held for choosing
delegates to any State Convention as afore?
said, no person shall be qualified as an doc?
tor, or shall be eligible as a member of such
Convention, unless he ?hall have previously
taken and subscribed the Oath ot Amnesty,
as set f<irth in t?H^fresident's proclamation
of May 2!t. A. D. iftr>, and is a voter quali?
fied as prescribed ny the Constitution and
laws of the State of South Carolina in forco
immediately before the seventeenth (17th)
day of November. A. D. 1H6U, the date of
the so-called Ordinance of Secession; and
the said Convention, when convened, or tho
Legislature that may be thereafter assem?
bled, will prescribe the qualification of
electors, and the eligibility of persons to
bold office under thc Constitution and Jaws
of the State, a power the people- of tho
several States composing the Federal Union
have rightfully exercised from thc origin of
thc Government to the present timo."
It is, therefore, ordered, that all officers
and other persons in the United States
military service, within CH; State of South
Carolina, aid and assist Governor Perry in
r>arr\ing into effect the foregoing instruc?
tions, and they arc on joined to abstain
from, in any way, hindering, impeding or
lisconraging the loyal people of the Stato
"rom the organization of a State Govorn
nent, as hereicabove authorized and di
.eetcd.
All orders and instructions now in opera
ion throughout this Department, whether
.manatin^ from these Headquarters or
rom Headquarters Department of tho
?outh, that are not inconsistent? with tho
oregoing distinctly specified provisions of
his order, will continue in force an hereto
bre, throughout the State of South Caro?
ma.
Every needful facility for taking tho Ani
icsty Oath will be afforded by tb* military
Uthorities, on forms heretofore" supplied
or that purpose.
Hereafter Provost Marshals and Assistant
'rovost Marshals will constitute the only
lilitary officers entitled to administer tho
manesty Oath, a certified copy of which
rill, in all cases, be furnished to the indivi
ual taking it. The oi%inal oaths will bo
ransniitted, semi-monthly, by tho officer
dministerin^ the same, to the Provost
larshal-General at these Headquarters, by
hom they will be recorded in a book kept
ir that purpose, and then forwarded to tho
ccretary of State.
Persons upplying for Executive clemency
ill send their petition (with a certifiod.
ipy of the Amnesty Oath attached) to tho
resident, through the Provisional Cover?
er, at Greenville, South Carolina. Bv com?
and of Maj. Gen. Q. A. GILLM?RE.
W. L. M. BURGER. Ass't Adj't Gen. ,
Official: T. D. HonoES, Capt. 35th U. S.
T., A. A. A. G. ' Aus 9 4
t-udqtiartrrx Military District of
Charleston.
DEPARTMENT SOUTH CAROLINA.
SSISTANT ADJUTANT-GEN. S OFFICE.
CHARLESTON, S. C., July 27,18r,?.
'0 TICE.
PERSONS desiring to publish Newspapers
within the Emits'of this District, are
sreby informed that it will iirst bc neces
ry to obtain the consent of thc Major
mera] Commanding the Department.
By command of
Brevet Brig. Gen. JOHN P. HATCH.
LEONARD B. PERRY, Ass't Adj. Gen.
Official:
E. E-'.LSi> JrwiTT. 1st Lieut, and A. A. A
itt. Aug 7 IS

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