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The daily phoenix. (Columbia, S.C.) 1865-1878, August 18, 1865, Image 1

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TH1E. DA1iL y P IIENJX;
DALY PAPER $10 A YBAR. - LET OUR JUST CENSURE ATTEND THE TRUE EVENT." ' TRI-WEEKLY $7 A YEAR.
BY J. A. SELBY. COLUMBIA, S. C. FRIDAY M)ONING, AUGUST 18, 1863. VOL. 1.-NO.
THE PHOENIX
? IS PUBLISHER
D A IL Y AND TR I- WEE KL F.
AND TSE
WEE?ttV. OLETEE
3Y JULIAN A. SELBY.
TERMS-IN ADVANCE.
8UB3CHIPTION.
Jv Paper, six months.$5 09
i-Weelah, " .? .:5.o0
Feebly. " .'? . 2 00
Single copies of the, D&ilv and Tri-Weekly,
10 cento; ot the Weekly, 15 cents.
.U>VF.RTlH?3fENTS
Inserted in cither the Daily orTri-Wceklv nt
11 per square, for tho brat " insert ion, ?nd 75
cent) for each subsequent insertion. In thc
Weekly, 51 a squn.ro. '
i;tr*Special notices 15 cents a liuo.
Imjtdvtant Decidion.
The Rights of the United Slates to the
Cotton and other Property of Cue late
Confederate Authorities in Europe.
lu thc. Lecion Court of Chancery,
duly 26, before -Vice-chancellor Sir
W. P. Wood, the important cane of
the United States of America rs.
Prioleau vras decided.
This was a motion,on .behalf of the
plaintiiTs. suing under their corporate
title of "the Cuitad States of Amo
vica," .for an injunction to restrain
the delivery to tue defendant
Prioleau and ?othors, who noid the
bills of ladiujj of certain bales ot cot- ,
ton, shipped by tiv Aiineirotn Texas,
in vhe hr.it inst-me?, mid recently ar?
rived at Liverpool from Havana. Tho
, motion .also sought to restrain the last j
named defendants fx^ln obtaining
possession of or parting v."i:h the coe
toii, and iroui negotiating or parting i
with tho biiii of lading tboreof, and !
generally iVom dealing;'With the cot- :
ton otherwise than .'.n.ler tho direc-"
tion o? the piaintiiie.-the United j
States of America.
THU l'OINT AT t
Tho case Was ono of- great public !
iutercst, and raised the following !
most important question, viz: wheth?
er the United States ?overuinent, in
resuming their authority, over the
Confederate-States, are entitled to the
property ii* specie <?f those States,
wherever found, without. regard to
any agreements entered into by citi?
zens or this countiy with the defacto
Confederate rtovernraent, or rights
acquired iu respect of such property.
Toe bill, after stating the rebellion
against the United States Government
and tue usurpation of the authority
of the plaintif! by divers persons
forming themselves into a pretended
Gov* ruinent, under the style of tue
"Government of the Confederate
States," ?tated that such pretended
Government, under their usurped au?
thority, possessed themselves ol' mo?
neys, goods and treasure which wert
part of the public property of tho
plaintiffs, and employed thom in aid '
of tile rebellion. Such pretended
Government-some timo since caused a
large quantity ol' cotton which hud
been acquired in exercise ot their
usurped authority to*b'e shipped from
Texas to Havana, with a view to its
being shipped thence to "England, and
sold in this country on behalf of tile
Confederate Government.
HISTORY. Of THE DISFUTT.D (SHIPMENT.
Among oilier shipments, and that
which formed the subject matter of
this suit, was one ol' 1,350 bales tf
cotton in the Aline.? ( )n the l?th of
linne, 1S05, the Aline sailed under
English colors from Havana, with this
cargo of oct ton, whieli was consigne.i
to the defendants, Prioleau and other-;,
who carry on business at Liverpool as
"Fraser, Trenholm Ar. Cn." The ship,
which was consigned to the defend?
ants? (Messrs. ilalcomson,) hus re?
cently arrived at Liverpo >!, and is now
lying in tliat?Mersey Docks. The bill
proceeds to' state that the rebellion
being now at ari i ml, and the so-called
Confederate Government dissolved,
ad the joint or public property of the
persons constituting s.ieii pretended
Government (including the cotton
shipped by the Aline,) hud been ex?
pressly ceded? to the plaintiffs, and
that the cotton thus consigned to
Eraser, Trenholm & Co., was nbw the
absolute property of the plaintiffs, and
ought to be delivered up to them.
Notice has been served by tbe United
I States Consul at Liverpool upon Fra
? ser, Trenholm & Co., requiring them
j not to part or deal v.-j?i the cotton
without thc consent ot' the plaintiffs.
! Tho defendants, the consignees of thc
j ootton and of the ship, infused, how
I ever, to deliver up the cotton to tile
j plaintiffs, and in particular the de
j fendant Prioleau claimed to be. enti
. tied to the cotton, which had.been
I consigned to "his ?na by Korora <?
, Co., his agouti at Havana, under an
j arrangement with tho nfc jacto Confe
j derate Government before the sub
j mission of Kirby Smith to the Fede
; rals. The snipmcnt of this cotton
! formed one of a loir : scr.es of transac
; tions between P?ok-iti? and the (,'ou
J federate Government, nuder wliich he
i had incurred very heavy liabilities, (to
thc extant of .?l2?,??d,) and to the re?
alisation of Ibis cotton he looked for
i satisfaction if those liabilities. Under
! these circumstances, the bill wa;-, sign
j ed, and the plaintiff now moved for
an injunction.
[ ABGCMSNrs PKO ?sn cox.
j The Attorney-General, Mr. Gifford,
i Q. C., aud Mr. Druce, appeared tor
j the plaintiffs in support of tho motion,
'. and contended that the Confederate
j Government, bein;'- in thc position
? 01 rebels and mere:wrong-doors, had
j no power to enter into any contract
; which could give the defendants, who
j had full notice of tho rights ot thu
? United State?, anti of the rebellion of
; ihr- Confederates, ?any rights as against
I the plaintiff-, th;'.lawful .owners.
: Mr. Kohl. Q. C., Slr. W. M. Janies.
Q. C., Mr. C. Milwurd, Q. C.. and
I Mr. Charles Hall, on behalf of tho
; principal defendants, contended thai
the plaintiffs wore entitled to stand for
the pniposoa of this suit in the oosi
tion of the Confederate Oovernnic.it.,
and in no higher position. If <;.-. ..
claimed as Sta.a propeuty this cottcii
now in the hand's of British KU bj oe ts,
they could oui.?/ obtain it on tho tormt?
of tyttisfyiug ail engagements .made i:>
respect of it by their predecessors, the
Confederate Government, with such
British subjects, it was, ind--ad, a
most startling ?iud unheard of propo?
sition that a Government winch suc?
ceeded in conquering and displacing a
i (tc j\icio Govern mem could follow li*
! proper;;,- of the displaced Govenma ii!
into t?ii--? country and ob ?am th-.! >.;..
i tance of t!ie courts of this country t<
' wrest it from British subjects, win
j had entered into adair, legal contract,
i with tho 'Zr facto Government, am
I acted on tho faith of such contract
j No such right had ever boca assertoi
j by tho Bourbon Government after tin
fall of Napoleon and the terniiaatio:
of the Hundred Days, or even by tin
King of thc Two Sicilies after the de
position of .Mural. Fin-'.lier than this
it had been recently laid dowa b
Lord Chancellor Westbury, in "li
: Chavasse," that there was nothinj
j illegal in blockade running. Person
j might, take their chance, and run th
I blockade if they could. If caught
j they must bear the consequences; bu
' if they succeeded in escaping from th
! blockading loree, tuen the cargo
j when it came to this ao?t try, stoo<
j upon the same footing as if it h*<
i bfcen consigned in the ordinary mei
i canille course. At all events, it was
I new doctrine altogether that this com
i ought to assist tho blockading power;
lund help them' to con?scaie in tiri
I country property which they were nc
j active or strong enough to srtop in tlj
j act of running the 'blockade. Th
defendants bad a lien n;#i the coito
to the extent of ?2O,(J(J0, and til
court ought not to interfere unless t h
! existence ol' such lien was negative
j bv the evidence now adduced.
Mr. Osborne, Q. C.. Mr. W. I
j Robinson and Mr. North, appoare
for the other defendants; Mr. Giffon
il C., replied.
DECISION- OF THE OOtUiT.
The vice-Chancellor said, that upi
. the firsj; question-the right of tl
I United States to this cotton-h*h?
no doubt, though whether or not ti
plaintiffs must take it, subject to tl
agreement between th'o rle facto (I
vernmeut and Mr. Prioleau, was
more serious question. The cotton
question was admittedly the result
funds which had been raised by tl
defecto Government of the Southe
States by taxation, for the purpose
carrying on the war against tho Nert
ern States. It was not the prtype?
I of any individual Stat? of America; if
j it had.been, th'xpeculiar Constitution
I of the Uni' ed States in tnis respect
might'have led to various difhcnltand
complicated questions. But the
money with which that cotton waa
purchased was levied in more than
one State, and was the property of.
the Government of the revolting" Con?
federation, IN ow, that Government
was not a mere band of marauders,
plundering a country and living upon
the plunder, but an actual and defacto
Government, exercising authority*,
and as such receiving submission,
j This defacto .Government havingbeen
j displaced, the Government of the
United States, which had restored its
I authority over the seceding States,
stood exactly in the position of those
who han acquired the cotton by the
taxation of the ^subjects of the seve?
rn! States, formerly the Confederate
States, but now undoubtedly under
tito control of the present plaintiffs,
the United States Government. .-Ul
the authorities were clear upon this
point, viz: that when a de facto Go?
vernment h;id been superseded or put
an end to. the displacing Government
succeeded t.-> ali tue rights oWthe de
facto Government.) But, subpet to
any argument that might be adduced
at the hearing of the cause, he did
not l'er-1 much doubt upon the second
branch of the question, and the
United Stater. Government, in taking
this cotton, :ui4-;t take it subject to all
agreements made it? respect of it hy?
the d' facto Government, lt was not
the ease v."iiicii i\ad be< .1 suggested on
behalf of tho plaintiffs, of persons
taking property from :: ?vrongdoer ?;r
trespasser tvitli knoT.'icdgo of thc tres-.
]!MS?. The courts: of every country
recognized a fi;/.'cV doveruiuent, and
they could not aliovt ;he rights and
contracts mr d ir their own sub?
jects with an e?htt$\g (i\)vi;niment to
bo disregarded. "The disolaeiug Go?
vernment ^sueerod :.>*.'-' o? ..t^rtv ...
the di piuced Government in the
stat.' ii. which it war foti nd, and sub?
ject to ali agree: tents a-?eoting ii. Tf
til" theory iu>w tv..i.-;od by the plain this
v. re so md, iio did not. see why they
migld no( have?nod a bill for che pnr
pos< of l?Rvit:;? tho Aiabarna wbilt she
was lying in Southampton Harbor
with Lho Confederate ?l..g ?lyJag. deli?
vered up to tin ni. The United States
Government coaid only claim Z'.-.'-r-,
cotron, because i? hut I be?-n raised by
the d' facto Cojiiederaie Government,
not ny robbery or violence, but in the
ordinary cour--.c of t;axation, and be
eanse they iib.- United States Govern?
ment) were now tn.- (h facto Govern?
ment of those States in weich it had
been raised. His Honor, aft&r some
farther observations es t;? the princi?
ple noon which the proceeds would
have to oe divided, and the numerous
questions that would arise at the
hearing, said that ho. must, treat the
defendants. Fraser. Treuholni iz Co.,
as entiil id to the C20.000, the amount
of the liabilities i" which they swore
they were subject. Ke?erving, how?
ever, all these questions until the
hearing, the order upon the present
occasion would be to appoint the de?
fendant Prioleau receiver, on his
giving security for ?'i'bu(b), or under?
taking to pay that sum int.? court on
or before the first day of Michaelmas
term.
The Abbeville District * Bible So?
ciety met at tile Methodist Church in
this village, on W ednesday ?rf last
week. The meeting was a pleasant
and harmonious one. Mr. Perin, tis
Chairman, presided with all the grace
and dignity for which he is so charac?
teristic A veiw able, address was de?
livered by President E. E. Patton, of
Erskine ?ollege. Due West. Hon. A.
Burt with E. A. Conner, Esq., as his
alternate, was unanimously requested
to deliver an address before tiie next
annual meeting of the Socio!v. .:
[MU'rill- Jiidtrtu,, ?d.
The Abolition eaadidate for Gover?
nor of Ohio, General Cox, married the
daughter of the late President Finney,
formerly of Obedin College, in which
black , and whites aro admitted e.r.
e-quid terms. Greeley cites this fact
as a proof that he must be sound 01
the nigger voting question.
Change of position, according tc
I the Bichmond Times, is a white, mar.
' driving fe. wb, wi IL u big&egrc inside
Headqfrs 4th Sub-District,
Mu,. D ST. OF CHA'S'N, D. OF S. C ,
COLUMBIA, S. C., Aug. 7,18G5.
O?Nr^AL ORDERS NO. 12.
ITHE Mayor and City Council of Co
. lumbla aro horefoy authorized to collect
au tax-;* assessed for the benefit of the city.
II. Tho funds collected iu such manner
will be ^expended for i b.? support of the poor
and deltiiuto, and for tue Water Works and
other necessities. Uv order of |
Lieut. Col. N. RA UOHTON, Coru'g. i
JOHN WALTON, Lieut, and A. A. A. G. -
Aug 18 4 i*
Hdqrs. Mil. District of Charleston,
CHARLESTON, S. C., AUG OTT 10, 1365.
GENERAL ORDERS, NO. 87.
ORDJkltS having been received at these
Heaoduarters for the molter out of the
54ch and oath 51 asa.. Vc ls., and 1st Ohio Vet.
Vol. Cavalry, ail Officers and Enlisted
Mea of these Regiments will immediately
rejoin their commands. Tho 51th Mass.
Vols, will bc rendezvoused at Mount Plea?
sant, the 55th, Mats. Vols, at Orangeburg,
an-*" the Battalion of the Iso Ohio Vet. Vol.
Cavalry, serving in t.his District, at the
Charleston Race Course.
Rv command-of ?
* BREV'T MAJ. GEN. JOHN P. HATCH.
LEONARD B. PEII&Y, A*. A. CT.
Ofticial: E. HARRIS JEWZTT, Lieut. 55th
Mass. Vols., A. A. A. G. Aug 16 3
Headq's Mil Dist, of Charleston.
CHARLESTON. S. C., Ara. 5, 1865.
GENERAL ORDERS, NO. 85.
The fellowing Paragraph from thc Re?
vised Army Regida tiona (edition of 1S63,; is?
hereby published for ths information and
guidance of all concerned.
Any officer who sholl fail to complv with
said Paragraph will suhjc?: himsch to tnul
for disobedience of ord? rs.
'Tar. 463. Officers on detached duty will
report,'jinontiiiy, to the Commanders of
their Pents, of their Regiments or Corps,
a url to the Adjutant Genera), their stations,
the nature of their duties, and the authority
placing them thereon: likewise any chango
ai address." Rv command of
Brev: Maj. oun. .T. P. HATCH.
LEONARD B. PERKY, A. A. G.
Ofticial: E. IIA URIS JEWE?XJ 1st Lieut, and
A. A. A. G._ mig 16 3
Hdqrs. Mil District of Charleston,
CHARLESTON, S. C., AUGUST ?, i860.
G ..WERAI. ORDERS, NO. 81.
rpiIE foll ?wing Circular from thc War De
.?_ partaient is hereto published for thc
m?o; ita.tioii s-nu grijcnii.aij ur au concerned,
jitrtct compliance with its provisions will be
enfo'reed.
WAR DEPARTMENT, )
ADJUTANT Gv>*Eit '.i.V, OFFICE, -
WASHINGTON. February i>. lool. \
CIRVJL LAE NV. IO.
In future eacii Oiaeer in chaine of onlist
ed men absent from their regiments, will
report at tho end of every mouth*to ?.he
Regimental or Company Commanders of
the mon under, their charge, whether they
aro sic',,, in confineui nt, in hospital, on dc
tachill servie,,, AC: the station, the duties
wiiicii f!u-h mun is perfoitcing, and the au
thorifA for detaining liiui, giving the nunt
ber ami dat? of the order, also whether
they are sick. <?r lit fer service, and any
other particulars about them which may be
necessary for the information of their 4'om
ma?a?ug Cheers . ??i beeping a'crrcet ac?
count of the pay, clothing, station, duties,
of ea 'h soldier. Wimont .-roch reports
a.eu cannot receive pav arin div due them.
J-:. ?>. TOWNSEND, A. A. G.
Cv i iramand of
' l?KEv'r MA.:. GEN. .JOHN P. HATCH. I
I. EONAun PERKY, A. A. G. \
Otlieial: E. HAKRISJEWETT, 1st Lieut, and ?
A. A. A. G. Aug 16 ;> j
Hdqrs. Dept. of Soutk Carolina, j
HILTON HEAD, S. C., AUGUST 2,1865.
( : ES ERA I. 0 UDERS, Nt '.ll.
rp HE following General Orders from tho !
fi. War Department, aro hereby published
far the information of this command:
WAR DEPARTMENT.
ADJUTANT GENERAL*S OFFICE, I
WASHINGTON. JULY 20, j
G EX REAL ORDERS. NO. lil.
[. Commanders of Military Departments j
aro anthorfecd to grant '.eaves or absence i
d'or twenty day? i<> oftk-ers serving under I
them. A Division Commander may, on the
recommendation of the Department Com- ?
mander, extend snell leave thirty days, i
l'un lan- ext e nsion, if recommended, must
he forwarded for the decision of the proper
auiJ?ority LO the Adjutant-General of the j
Army. In other respects, Article XXI. :
General Regulation-* of the Army, will
govern the subject of leavtfs of absence to '
officers.
II. Division Coirunanders are alone au?
thorized to discharged regimental officers
of volunteers who tender their resignations
through the projier channels, according to
existing regulations.
ill. ('nless in eases of speciaLaseignmcut
made in orders fro*.n the Adjutant-General's
Oftiee, which will ant be changed without
authority from the same source, Division
Commanders are authorized to assign ge?
neral and staff oftieers, on duty under them,
in such way as their services may be most
required.
IV. Monthly Returns of Military Depart?
ments will be sent direct to thc Adjutant
General oi the Army and to Division Head?
quarter.. Division Returns, except of the
staff at Headquarters, will not be required
by the Adjutant-General of tho-Anny,
order of the Secretan of War.
E. 1>. TOWNSEND, A. A. G.
. By command of
MAJ. GEN. t>. A. GILLMORE.
W"L. M. Rf nor a, A. A. G.
Officia!:
~ i?fcimOart 35th IT C. T., A,
A.'i.G. Aui?J6S
I I ll lill
Headq'rs Dep't of South Carolina?
? HTLT01S*HEAD. S. C., Juxx 20,1865.
GENERAL ORDERS NO. 9.
IT is announced, for tb? information and
government of this command, thatlii^u
JAMIN F. PEBEY, of South Carolina, has
been appointed, by the President, Provi?
sional Governor of thc State of South Caro?
lina, with authority and instructions, "at
the earhett practicable period, to prescribe
such rules and regulations as may ne neces?
sary and proper for convening a Convention,
composea ol delegates to be chosen by that
portion of the people of said State who are
k>2-al to the United States, and no ethers,
for the purposc.of altering or amending the
Constitution thereof ; ind with authority to
exercise, within tho limits of said State, ali
the powers necoseary and proper? to enable
such loyal people of the State of South Ca?
rolina to restore said State to its constitu?
tional relations to the Fedora! Government,
i ond.to present suth a Republican form of
I Sta?f (jovernmont a.j will entitle the State
I to the guarantee of the United States there -
! for, and its people" to protection by tho
I United States against invasion, insurrection
I and domestic violence; provided, that in
i any election that may hereafter bc held for
choosing delegates to any State Convention
I as aforesaid, no person ?hnll te quabfied as
I an elector, or shall be ebgible as a member
i of such Convention, unless he shall have
previously taken and subscribed the oath of
. amnesty, as set forth in the President's
I proclamation of May 20, A. D. 18i>5, and is
j a voter qualified as prescribed by the Con
, stitutiou and laws of the State- of South
! Carolina in force immediately before the
? seventeenth (l?th) d&y of November, A. D.
18(30, tito date of the so-called Ordinance < f
[ Secession; and the oaid Convention, when
i convened, or tho L&gislaturo that may be
j thereafter assembled, will prescribe the
j qualification electors, and tiio eligibility
: of persons to hold office under til? Consti
? timon and laws of the State', a power the
! people of the several States composing the
i Federal, Union have rightfully exercised
; from the origin of the Government to tho
, present time."'
I lt ia, therefore, ordered, that all orooers
I and other persons in the United Statej
i military servie.:, within the State of South
I Carolina, aid and assist Governor Pct.y Lu
j currying into effect the foregoing instruo
! Cons, and they are enjoined to abstain
? from, in "any way, hin??r.ug. impeding or
; discouraging the'loyal people of the Statu
! from the organization of -State GoveiK
j ment, as hei^inabe ^ Authorized and di
I ree ted.
, Jill ur?ero ami' Ut*tvu< . 'oct- now bi opora
! tion throughout this Department, whether
; ^.maiiatiiig from these headquarters, or from
Headquarters Department of the Smith,
I that are not inconsistent with tho foregoing
j dii sj . } r-rviriorif* of this order.
I will e. mtiniie in force as heretofore, through
? ont the Stale or South Carolina,
i Every needful facility for taking the ant
. nesly oath will be afforded by the military
! authorities, oh forma heretofore supplied
j for that purpose.
! Hereafter Provost Marshals and Ansi -taut
I Provost Marshals wiil constitute the only
military officers entitled to administer tue
\ amnesty oath, a certified 'copy ol which
: will, in all ca's?-*, be furnished ?> the hidi
j vidual taking it. Thc original oath.- will bc
i transmited, semi-monthly, by the ofiicr
i administering the same." io the Provost
I Marshal General at these Headquarters, by
j whom they will be rct-ordud in a book kept
j for that purpose, and then forwarded to tue
: Secretary ot State.
j Persona applying (bivExecutivc clemency
i will send their petition (with a. certified
i copy of the Amu-sty (lath attached,; loth')
President, through the Provisional (iovcr
nor at Greenville. South Carolina. .
Bv command of
Maj. Gen. Q. A. GILL1N?OEE.
Official: W. b. M. BUT.UEG, A. A. G.
_AugJt5_8
Headq'rs Mil. Div. of the Atlantic,
JULY 18, 1863.
GENERAL ORDERS NO. 2.]
IX accordance with instrnci ions from tho
War Department, the following order is
promulgated to this command.
Hy ?onima nd of Maj. (?en. MEADE.
Giro. D. rtUGGLKS, Asa'i Adj t Gen.
WA It DEPARTMENT,
AOJI'TANT GE.VHKAIAS ?FFICF,
Washington, Jul/ ll, 18'J5.
S RECIAL ORl)ERS,\\-<>. 370.
{Extract.]
17. liv direction of t he President, the fol?
lowing officers are hereby dishonorably dis?
missed Die service of the United States,
with forfeiture of all pay ami allowances, of
dates set opposite their respective oauios,
for violation of orders and negioi-t ot duty,
in allowing their regiments t<t disband, thus
delayingithe juiia/ienls and final discharge
thereof jernbo missing the puolk- service, and
camting suffering and inconvenience to thc
enlisted men midd' their vo*.lrol:
Colonel I. C. Kdwaids, ;>2d Massachusetts
Volunteers, .Tub 1, 18?5.
Colonel \\. ?S. King, 1th Massachusetts
Heavy Artillery, June 21, 1865.
Commanding Generals of Military Divi?
sions and Departments will prom?lgale i his
order to their respectivo commands.
* * * * *
By order of Die Seeretarv of War:
E. D. TOWNSEND, A. A. G.
Aug IC _3
Taxes! Taxes
IT is nbsolutelv necessary that the CITY.
TAXES be colloob ,t * ??ul farthrr
lav. Mr. Daniela will be found at too Cilj
Hall, or Odd Fellow s behoui Lluuse, and ?a
authorized to re?oive laxes.
JAi?ES "J. GWE&i, i?^yer
Aug 16 ?*

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