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The tri-weekly herald. (Newberry, S.C.) 1865-1865, May 23, 1865, Image 1

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* 49
sDeted to the bisseuiatis of General hformation
VOLUME I NEWBERRY, S. C TUESDAY, MAY 23, 1866. UNER 22
iKE THI-WEEKLY HERALI
JS PUBLISHED AT
NSWBER-RY- C. H.,
The Amnesty Proclamation.
Wheneas, in and by the Constitution of the
United States, it is provided that tAe President
shall have power to grant reprieves-and pardons
for off n g aginst the United States, except in
cases of impeachment : and whereas, a rebellion
now ezists, whereby ihe. loyal State Govern
zints of Peveral States have for a long time been
subverted, and mariy persons have commited
and are now gciity lof treasor against the United
States: and, whereas -with- reference to-sid re
beflion-and trepson, laws have been enacted by
Cotigtess declaring forfeitures and confiscation of
property aad lberation of slaves all upon terms
and couditions therein stated; and alo declaring
that the President. Was theby..anthorized at any
-time thereafteri. b -preela mation, to extend to
persons w May have pairticipated in the exist
Ing rebellion iti aly State or part thereof, par
Aorrind aiznsty, with such exceptions and at
PIch times and on such conditions as he may
_dein expedient for the pubNi welfare;' ard
wbereas, the Congressional declaration for limi
ted and condifional,pardon secords with the well
established juslicial exposition et the pardoning
power.; ana whereas, with reference to the said
e im the Pre4dent-of the United 'States has.
sued severm proclamat. ons *ith 7provisions ,in
regard.to the liberation of slAves ; and whereas,
it is.now derired lv some persons heretofore en
gagedin1 the sid rebellion to resume their alle
gianco to tl.d United Statt s. and to re-inaigurate
lo1al State governments within and for their re
p etiy States : therefore I, ABRAHAM LIN
COLN, PIl'SFDENT OF TEIE UNITED. STATES
et procialv, delare ad make known to all per
aonx w.o hakye direely. pr by imipicati1paric
'pated in th1 e1iing rebllion, exeept as herein
after excepted, that a ulI perdnn is. hereby
-ipned to them, a- d eacbh' them, witltres-ora
tjiou.cf a righ4of poperty. -xep t as to slaves,
akjid in.pr4operty cases' where the rights of third
paird,hil hive intervened', and upon the cou
diion OLXat every suchl-perSon hadi take anostb
scribe al oath.And th-nceforwvard keep and main
Can sail o4th. ivoate, aRPd which.cath shall be
regisieN3 to- .rowe'p p,servation, and shall
U ~of tlie reor s'ndefect Z,owin, to wit:
"1 do aniY acar. i pre e -of Almighty
od,- that. wiR henceforth f4ithiNly sapport,
Iro:ect and defi' the Constittioiof the Unititd
e,ad Union of t e 'Sates thereunder.
& d I2 I it 'in like manter abid by and
at4.t-120y s pOrl A aets of Con1gress passed du
* rg. the exis4re rebellion wiTit reference.to
* *ves, so lont aid s, far arn1p rep-aled- modi
ed.orhekd vod by ~Con,ream, -o by deci.ion of
- he-preme Cor.p and that I wili if like mn
wor a6id byA 4 faithtully support all proclama
%ins of the Ptv4dent, made,during the existing
rehe i'on having reference to l,aives, so lang and
to far apL no'; miditied or declared void by deci
on0a of the Supreme Court. So held me Gad."
ThAp e "nseseepted from thie benefits of the
foregoing provision - sre all who are or shall
have teen civil or diplomatic pffcerq or agent.s
of the so-called'Confederate government. all who
have left judicial stations inder the U. Statej to
aid the- rebellion, all who are 'or shall have been
- Ult.ir neavI dflicers of :said so-call- d C6n1,
tlerare grernment, ibove the rank of Colonet
k tie artm',e lieuatebant in the navy ; all who
bave. it seais in the United States Con'4ess to
aid in the rebellion*,al who resigned commissios
iw the army or navy of th^o United States ud
-afterwards aided the rebellion, amnd all swho have
engaged in any way in treating colored persons
or white pesons in charge of~ sudh1 otherwise
than lawfuliy as prsoegof rar;r an:d which
ersons maj save been foun'd in the United
btates.service as soldiers, seamen, or in any other
capacity. And I do further proeLdw, declare
* and make known that whenever, in any of tho
* States of Arkansas, Texas,Louisiana, Mississipp~i,
Carolina and Nerth Carolina, a number of per
sone i4@les than one-tenith in nunmber of the
votes east in such States at the Presidea~tial- elec
tion of the year of. our Lord 18&0-each having
taken the oath aforesaid, and not having since
iolated it, and being a qu:alified voter hy 'the
* electiQu law of the State e.xist:ng immediately
before the so-called act of seeossion, and-exclud
'ing al:others-shall re establish a ,.mtste govern
thents which shall be republkan, and in nowise
c ontravening said oith, such shall be recog
* nizetd as-the tru government of the State, and
the State shall receive thereunder ithe beneSt of
- the constitutional provision whcih declares that
" ?the United States shall guarantee to every State
'in this Union a republican form of government,
and shall protect each of theaigainst ini8on,
on application of the Legislature, or of the Exe
* cestive when the Legislture cannot be convened,
- and against dopeatic violence."
And I do further proclaim, deciare and make
known, that any provisions which may be adopt
ed by such State governments in relation to the
freed,people of such State wh.ich shall recognize
and declare their permanent freedom, provide for
their educasion, and which may yet be consistent
* - i a temporary arrangemeint with tigir present
condition as a laboring, landless and houseless
* class; will not be.objected to by the national Ex
eeutive. And i's is engaged as not improper that
in eoasnucin, a loal1 State government ini any
State, the name of the State, the boundary, the
subdivisions, the constitution and the general
code of laws, as before the rebellion, be min
tained, subje.t-only to th modificafions made
necessary by the conditions hereInbefore stated,
and such others, if any, not contrarmning said
conditio'n, and which may be deemed expedient
by those framing the new States government.
To avoid-misunderstanding, it may be proper
to Fay that this"prrocamation, so far .as it relates
to State government, hs no reference to States
wherein loyal State. g6vernments have all the
%while been maintained. And for the same reason
Camay be proper to further say that whether
members sent :o Congress from any State.shall
be admitted to seats constitutionally, rosts exclu
sively with the respective houses, and not to any
extent 'with the Executire ; and still furtFer, that
this proclamatiuh is intended to preeint to the
pezple of the States wlierein the national autho
rity ha. been suspended, and loyal State g6vern.
ments havebeen subverted, a. mode in -and by
wbch the national authority and loyal State gov
ernments may be re-established within said State;
or in any of them ; and while the mode present
ed is dhe best the Executive can suggest with his
present,impressions, it must not be understood
that no other possible iode would be accepted.
Given under my hand, at the City of Washing.
ton, the *eighth day pf December, K. D., one
thousand eight hundred and siny-three; and of
the indepeadence of the.United States of Ame..
rica the eighty eighth. ABRiRAM -iFcoLI.
By 'he President:
Wx. 11. SEw&an, Secretary of State.,
The Confiscation Act.
A BILL to Suppress Insurrection, to Punish
Treason and Rebellion, to Seize and Confiscate
te Property of Rebels and for other purposes.
Beit enRted by the Senate and IMnAe 9f
Represenia tives of the United States of America,
in Congress'ass.embled, That every person who
shall heieafter coinmit the crime of treason
againsi, the-United States. and shall be adjudged
.uilty thercof, slall sufferi deat, a d 411.hisl
1 saves, if any, shall be declared and made Iree;
or he shall be innrisoneJ. for not les tha. five"
years, and fined not less tIn Ten thosnd
Dollars, fnd, all his sVles, if any, shall be devlar
ed and made free; said fuie shall be leviedaid
coilected on &'nr or ai;of the proper ty,' real'adiA
personal excludi.ngasa'es, of whkich the said pe- I
eon so convicted was the owner, at the time of
commniting the Maia crime, any sale or convey
ance to the contraiv .no0twithstandinc.
Sic. 2.nd be it further-enactedThat if any
pe;o mAhll hereafter ineite, 6et on foot, asist ori
engaa in aiy rebellion or insuirection against
th authority of the United States, or tlie lws
thlereof, ori sall give aid or comforti thereto, or
11shal en-age in or give aid or tomfort toaiy such
existri rebelion or isurrectieo, and be convict-]
ed thereof, such, person,shall be. punished-by im
prisonment for a period not exceding ten lea,
by a fuie not exceeding.910,00, and by the lib
erntion of all tla-ves, iny'he have.
4rc..3. And be it further enpeted, That every
person guilty of eithei of th 3.offences descibed
in thi act shall bP forevero incapable and dis
alified to hold any office under the United
SEc. d., And be it fartber Onacted That this
[not shall not be construed in anyway t9 effect
or alter the prosecution, conviction. or 'panish
ment of uny pepson or persons guilty of,treason
atgainst the. United States. before the passage of
this act, unless such p&son is convicted under
this act.
.Ssc. 5. And be it further enacted, That to in.
surethe speedy termination of the -present rebel,
lion, it r.h'all be-thegialty of the Presisdent of the'
t'nited States to cause the seizure of all the estate
Iand property, money, stock, credits, and efelcts.
of the persons hereafter named in this section,
iand to apply and use th.e sam:e and the pr.weedat
thereof for the support.of' the arniy of the Udited
Stetes, that is to say : first, of any pe.rson here
afta?r acting as an oflieer of the armiy and nav'y of;
the re.bel'in arms against the government of the
United States; secondly, of any person hereafter
acting as President, Vice-President, member- of
JCongress, jndge of any court, cabinet officer, for
eign minister, commissioner or consul of-the so
called Confederate States of -America ; thirdly,
of' any peeson acting as Goyernor of a-State,
-memb'er of 'a convention' or legi lature, -or judge
of' any court of theso-called det.federate States
of America; fourthly, of any.pe sorn who, having
held, an office of' honot, trust or. profit in the
United States, shall hereafter hold an office in the
seo-celled Confederate States df A merica; fifthily,
of , any person -hereafter holdiug an office or,
agency under 'the government of the so-called
Confederate States~ of America,;or any. of the
several States of the said Confederacy or the liws
thereof, -whether such -office or agency be na-,
tional, State or municipal in its character; pro
vided that the persons thirdly, fourthly and frh
ly, above described, shall have accepted their
appointment or election since the dateo of the
pretended ordinance of secession of the State, or
shall have taken anoath of allegiance 'to or to
1suppo'it the Constitution of the so&called Confed
erate. States; sixthly, of any person who,.owning.
property in any loyal State or Territory of the
United States, or in the District of Columbia,
shalt hereafter assist and give aliand-comfort to
such rebellion, and all sales, transfer or convey
ance of any such property, shaH be null and
1void : and it.shall be u sufficient bar to any suit
he.nnebtby suh peran tir tae ponnedadn of the
use of such property, or any of it, to allege'and
prove that he is one of the persons described in
this section.
Sic. 6. And be it.further enacted. That if any
person within any State or Territory of the'U.
States, other tlian those nam'ed as aforesaid,
after the passage^of this act; being engaged in
armed rebellion again'st the Government of the
United States, or aiding and abetting such rebel
lion, stall not, within sixty days after public"
warning and proclamation duly given and made
by the President of the Vnited States, cease to
aid, countepance and abet snch rebellion, and re
turn to his f-likiance to the United States, all the
estate and propertm, moneys, stocks and credits
Df such person shall be liable to seizure as afore
Eaid, and it shall be the duty of tfie President to
seize and use them as aforessid, or the pioceeds i
thereof.. And all sales, transfeis or conveyances
rf-any such property- after;,the expiration of said
%ixty aays frmt be date of such warning or pro
lanation shall be null and void. And it shall
be a sufficient bar to any suit blrongh't by such
person for the pogsession or the use o7 such pro
perty, or any of it, to allege and prove that he is
)ne of the perzons. described in this- section.
Sze, 7. And be it further enacted, That to se
nre the condemhation #.nd sale of any such pro
perty, after the same shall have been seized, 'so
h;t it may 'be made av.ilable for the purposes
iforesaid, proceedings in rem. shall be instituted
n the name of the United States in'any distriW.
,ourt thereof, or'in any territorial court, or .in
,be United States District Co6rt for the District
)f Columbia, within which the property above
lescribed or- any part thereof may be found, or
nto which the same, f moveble, may first be
arought; whih proceedings shall conform' s
nearly as nay be to proceedings in admiralty or
revenne cases; and if said property, whether r,al
,.r personal, shall be found to iave bednged toa
person enigaded in t.he rebellion, or who has given
aid or onfort thereto, the same'shall be con
dernned as eneuies' pr<perty, and become the
property of the United States, and he disposed of
is the ecurt Miall decree. and the p-6eeds there
3f-paid into the treasury of the United States for
th" purposes aforeaid. -
- SEc. 8. And be it further. enacted, Viat -the
several lcourts aforesaid.- shalt. have goirer L to
m,.ke. such ordes, establisq such i6rims of decree
tne gak-,land direct such deeds and conveyances
o be executd and delVered by the marshals
thereof, where real estate shatl be the subject of
mle, as shall fitly and. efficiently etrect the pur
poses of this act. and ve<t in the pur'hsers of
suchptoperty good and v4lid..fities thereto. And
the sa'd court. Shall hare' pOwer to. eiow ouch
fes and chn rges of their o.leesas sh4i1 be rea
sonab e arid proper in 'the premises.
SEC. 9. And be it further enacted, That all
slaves or pe-sons who thall hereaftr.be eneged
in rebelion against the gorernmerttof the United
7tAteS, or who shall in any way.give aid or con
fort thereto esaping from such persons and-tak
in, refuge within-the lines of the army, and all
slaves captared from. such persons, or deerted
by. them and coming under the control of the
government -of the United States, and all slav's
of such personsfound or being found within any
place occupied by the forces,of the United StAtes
rhall be deemed 'e "es - of war, and shall be
forever free of their' servitude, and ot again
held as slaves.
Ss.c.Y. And be it further enaqted,That nu'
slave escaping ito, any,State. Terrioieror the I
District of Cnumbia,' from any othetSate, .-all!
be- delivered %ip or in any -way impeded or hin.'I
dered- of his -lberty, except for crime or some of
fence against the, laws, unless the person claim
ing .said- 'fugitive shall first make oath that the
person to whom the labor or service of such fu
gitive'g a'leged to be due is his la wtul owner,
and'has rtot borne arms against the United States
in the preserit rebellion, nor-in any way given
aid and cmnfort thereto: and no' personc en-'
eaged in the iitiary or naval'service of thre
TUited States, shall. under any prtinces whnr
ever, assunrpe to decide oun . nIidity 'of the
claim of any person to the service or labor of
any other person, or surrender up,any sneh per-:
son to the claimant, on pain of being discharged~
from the secr vice'.
Szc. 11. And be it further enacted, That the
President of the United States is . anthorized to
employ as iany persons- of African descent as
he may deem necessary and phPper f.r: the
suppression of this rebellion; and for this. pur
pose he may organize and use 'them im such
manner as he may judge best for the public
welfare.
SSEC. 12.- And be it further enacted, -'That . the
President of the 'United States. is hereby'an.
thorized to make provisions for the transporta
tion, colonization and settlement, in somec
tropical country beyond the' limits ( the- Unzi
ted Statei, of such persons of the African race,
made free by the provisions'of tbe act, as mif
be willing -to emigrate, having first ob'ained
the consent of the government of said country
to their protection and settlement within the
same, with all the righis 'and privileges of free
men:
sEc.' 13. And be it- further enacted, That the
President is hereby authorized, at anry time
hereafter, by proclamnation, to 'extend to .per
sons 'who may have participated in r,he existng
rebellion, in 'any State or. part thereof, pardon
and amnne'sty-',ith such exce.ptions and.at sneh.
timxe and on 'such conlditions as bre miay dee~m
expedient 'for..the' publie welfdre.' Aso, rh i
the P'resWnt aludal have pawer fa resta-e nrn
eity seized under the act -to .any peloon who
may be found to have been innocent..
SEc. 14. And be it further anacted,, That the
courts of the United States have tull power to
.institute pro'eeding, make orders and deerees,
issue process, and, do. all other -tbingi .necessar
to canry this act into effect.
.After the foregoing act had pased' both
iouses,'it was seht to the President for hs - ig
nature, who, however, aisapproved some featum
'and had prepared a veto ncssage, when the fol.
.lowin- resolution wns passed -by Houses, in or.
der to remove tht President's objectionl* to the.
bill
Resolved, By thi"S*nate and House of Repre
sentatives, &c., that the provyisions of the third*
clause of the fifth section'of an act to suppress
insurreciion, to punish treastp and rebellion, ant
to seize and contiscate the property of rebels,
and for other purposes, shall te so construed as
n'ot-to apply to -any act or acti done prior- to the
passage thereof ; nor to incla'de any member of
the State Legislature or Judge of any State
Court, who has not, in accepting or entering up.
on hs office, taken an oath to, support the Con
stitation of the so-called Confederate States of
America ; nor shall any punishment ior proecd.
ings uuder said.act be so construed as to work a
forfeiture oftbe real estate of the offender -be
jond his natural life.
[From the Richmond Whig.]
Though - we have twice before dwelt upon the
suj'ect of the evacuatio- of- Richmond, an4 the.
subsequent dreadful 'confiagration, it is an ex.
haustless theme, 'and so long asr we can furnish
new facts in connection with it, we'do not fer
wearying our readers.
For,a mornth post the Confederates have been
evacuat'ng the city with all the speed and means -
they could command, but somehow the people
refused to believe that the removal meant evaca.
aien, and all declared that the meisures were
only precautionary. - Matters went' ons in this
manner until last Sunday, the Confederatea h'ro'
rying away every species 6f property, the- people
blindly refusing to believe that the, city was to
be give n up, and clinging -to, their Confederit6
slinplasters as if they were things of worth,
Sunday morning General Lee telegraphed to
Davis, giing. 'an account pfth6 ge4eril attack
upon his lines, stating that the lines had bee
pierced in many places, and 'tbt'uiless be could
re-establish them, Ricnmond muist be given up.'
that night. His tone was, for the first tinie sice
the war, deqpondent.. JHe-said his men were not
c6min;tgp to their work.
t 1i o'ciock that morning lie telegraphed4
that all effo.rts to estnblish his lines -bad. been
utterly unsucessfdl. 'Immediately. began among
the oflicials in Richond a. scurry and' panic,
SrilI the mijority of the people were in' the dirk,
and reinsing to believe 'their eyes, so remained,
many-.: of them, till night. The gold and silver
coin belonging to the Louisiana batiks, and re
cetly Q,pprop by the Confederate Congres,
was rundown tthe Danville train in hot haste.
So also was the Ppecie of the Richmond banks.
Then the progiamme for the departure of the
ofWials were arrangel. A rinumber 'of trains
were to leave duringthe evening; still there was
not room for all who tho'ught it desirable to get
away. Davis was to depart at seven o'clock in
tie evening. Breckenridge elected to go off os
horseback, with the lat -of tli 'my, on Modday
mormng.
At the reqest of the Mayor, a meeting of the
C=6nell wa's held on $nuday evening, at fonr
o'clock, to consuit as to what was best to lie done
under the circumstances. GoernorSmiif, being
invited to attend this meeting, almost convinc.ed
the Council that the C'onfederate ar'ms had been
victorious at Petersburg, and that Richmond was~
'not to be evacuated. Hie, however, managed to
become better informed some hour's afterwards,'
andi ran oir on hors'eback dur'ink the nights
Thc Council, after miucli discussion, passed a
re-colution appointing committees for each o,fthe
three wards, who should, when the fact that the
city was atmouit to be ahandoned shonzld be ascer
tained, proceed to destroy all the alcohoilc,
liquors sin ti!eir respe-etre wards, giving the
Council's receipti for the same,:to be paid for
herearter. The object of the step,is obrions
to. prevent disorder resrilting fromt the inioxica..
tion of' the troops. of either army, and of'Lhe
evib-dispoised among the citizens. The order of
the Council was only partially executed; but
there is no doubt that much evil was arrestei .
Alter dark the Couneil had another conference,
a1l this time being -assured by. the Secr~etary of
War that the Confederate pickets woutd be with
.drawn from the' R3chmaond front at thi-ree o'clock
Monday morning, andi that it was calculat,ed'that'
the city would og evacuated about.night, it was
determined that a coinmittee of promine~nt eirl
pa should attend the 4Liyar with a fiar' of
truce to the intermediate 'line of fortiaications,
'and thiat there he might haind over the city,tQ
the General commaindirig the Army of the James.
J.udge LyontA Adge Meredith an&iseveral n:eWs
hers of the C.orfncil attended the Mayor.
, IIDENTvs oJP TL EVAcTATtof.
-Sunday mornin;, Ap-iI 2,' broke upon Rich
mond calmly' and ple&tsntly, and wirbout any.
thing portentons in ev.-ms irhinedatelv' trace
piring. There were rm:nors of evacuation, but
"very fe:r suppOQe4d that the event was upon us
'end et h-in.d. T'"' chL!V--cli olrang as urual,
with no.thiing of m-r in ;Nair tone, and wo
sp were a.s prc"mpt an4de'rt as was tt'eit
wrmL. RInt hye o me ab emnervana pennie"

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