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By I. A. SIELBY, COLUMBIA, S. C., WEDNESDAY MORNING, SEPTEMBER 6, 1865. VOLOL-NO. 1847, THE PHOENIX 1 IS PUBLISHED D ?JL Y AND TR I- WE ERL Y. AND TUR titmvt GLEANER ? EVERY WEDNESDAY. BY JlfLIAK A. SELBY. TE ft MS-IN AD VANCE. . SUBSCRIPTION. Dailv Papel-, six. ruc-ntha.$5 00 Tri-W?e?v, .? * " .3 50 Weekly, " ? " .2 00 Single carnies of thc Daily and Tri-Weekly, 10 cunts; ol Hie Weekly, 15 cents. ADVERTISEMENTS Insertad in either tlie Daily orTri-SWeekly at 11 per square for thc ilrst insertion, and 75 oonts for each subsequent insertion. In the Weekly, $1 a square-. ? ?ST'Spe'eial notices 15 cents a line. ! CHARLESTON, August li), 18G?5. To his Excellency li. F. Perry, Provi? sional Governor, tte., dec. (TOVEUSOK: III pursuance of your instructions, I proceeded to the"head? quarters of Maj. Gen. Gillmore, coni mauding the Depaitment of South parolina. General Gillmore informed ino that the courts, the character and procedure of which I Avas directed to investigate, had no jurisdiction what? ever as to any questions connected with real ?state; that they were, in fact, instituted only to investigate those usual claims which arise^n the ordinary course of business between resident citizens and troops in mili? tary occupation. That as to the lands within the lines of military occupa? tion, he Jiad no authority as to ques? tions either of possession or title, the whole subject, in all its connections, having recently been transferred to the newly cr ?ted Bureau of Refugees, Freedmen and Abandoned Lands. He j therefore forwarded your letter to Maj. Gen? Saxton, the Commissioner <<f that Bureau for this department, 1 and referred me to that officer for such 1 information as 1 was instructed to, procure. I 1 accordingly proceeded to Beaufort, I the headquarters of Gen. Saxton. : Gen. Saxton received me with great courtesy, and furnished me every fa- I oility for the examination of the Acts, orders n:ul circulars creating the bu? reau and prescribing its duties. I will best discharge tho duty as? signed me by placing before you an abstract of these various documents. I do not think it necessary to refer to the older Acts of Congress, farther than to ?pi?te from the Act of July, 1864, the following definition of '"abandoned lands;" "Properly, real or personal, shall be regarded as abandoned where the lawful owner thereof shall be volunta? rily absent- therefrom, and engaged either in anns or otherwise, in aiding or encouraging the rebellion." t On March 3, 18(55, an Act was ap? proved by the President, enacting "That there is*kereby established in the Wa;* Department, to continue during the present war of rebellion, and for one year thereafter, a bureau of refugees, freedmen and abandoned lauds, to which shall be committed, as hereinafter provided, the supervision and management of ail - abandoned lands and the control of ?ill subjects relating to refugees and freedmen from rebel States, or from any district of country within the territory em? braced in the operations of the army, nuder snell rules and regulations as. may be prescribed by the head ol the bureau and approved by tho Presi? dent." After providing the official machine? ry for the working of tho new bu? reau, thc Act provides, section 4: ^ "That tile Commissioner, under the direction of the President, shall have authority to set apart, for the use of loyal refugees " and freedmen, such tracts of ?and within the insurrection? ary States JUS shall have been aban? doned, or to which the United States shall have acquired title by confisca? tion or sale, or otherwise; and to every male citizen, whethefcrefugee or freedmen, as" aforesaid, there shall be assigned not more than forty acres of such land, and the persons to wb.oni it was assigned snail be protected *u the use and enjoyment of the kind for the torin of three y eal's, at au annual rent not exceeding six per centum upon the value of such land as it was appraised by the State authorities in the year eighteen hundred and sixty, for the purposes of taxation; and in case no such appraisal can be found, then the rental shall be based upon the estimated value of the land in said year, to be ascertained in such manner as tho Commissioner may proscribe. At the end of the said term, cu- any time during said term, tho occupants of any parcels so assigned may purchase the land and receive such title thereto as the United States can convey, upon paying therefor the value of the land as ascertained and ?xed for the pur poae of determining the annual rent aforesaid." On May 22, 1865, Major-Genera] Howard, Commissioner of the Bureau, issued the following order: "It is ordered that all abandono/J lands in said States now under culti? vation by the freedmen be retained in their possession until the crops now growing shall be secured for theil benefit, unless full and just compen? sation be made for their labor and It products, and for expenditures. "The above order will not be sc construed ac to relieve disloyal per , sons from the consequences of theil disloyaky, and the application for the restoration of lands by this class o persons will in no case be entertains by any military authority." , On June 2, 18(55, the -Presiden issued an Executive Order which wai extended by tho War Department which * "Ordered, Tint all Officers of tk< Treasury Department, all militar; officers, and all other in tho service o the United Stat?s, turn over to th? authorized officers of said Bureau, al abandoned lands and property eon tcmplated in s;tid Act of Congress approved March :*?, 18t>5, establishing the Burean* of Refugees, Freedmei and Abandoned Lands, n- L may no\ be under their control. u<-y wi! I also turn over to such ollie ill fund ? collected by tax or otherv. .?.: for th ?euefit of refugees or freedmen, v ?cruiug from abandoned land o j property set apart for their use, an I will transfer to them all official record connected with the administration c; I affairs which pertain to said bureau. \ The military officers of this depart nient have been ordered by Gen. Gil more, in an order issued a few day since, to deliver up tho property bel by them iu this department to th bureau. On June 27, #SG5, a circular lette from tho Secretary of the Treasur directs "Officers of this department chan ed with the care and supervision o or having in their possession or undi their eontrol, any abandoned or coi liscable lands', houses and tenement will turn them over to a duly antho i/.cd officer of the Bureau of Iv fugees, Freedmen and Abandom Lands, so fara;;.they may be require or demanded by tho same, togeth . with all monies, books, records, ar papers, arising from or relating lo tl property so turned over, talcing prop* receipts or vouchers therefor. Th rule will also govern the action of ; agents of this department connect* in any way with the care of free men, so far as iL jany be applicabl "And ak persons asking for any i formation in regard to the properly turned over, or for the release of tl same, oj- for tho release of any pi coeds or monies arising therefroi will be referred to the Commission of Refugees, Freedmen and Abonda ed Lands, nt Washington, to whe communications on the subject shon be addressed." On July 28,' 18G5, Circular No. was issued from Ike Chief of this E reaxi, Gen. Howard? declaring " confiscated and^ abandoned lands a other confiscated and abandoned p: perty that are now or may hereof be under the control of the Bureai tobo "set apart for the use of lo refugees and freedmen, and so nm a? may bc necessary to be. assigned them," according to acts and ord* above quoted, and "that no part parcel of said confiscated or aband? ed property shaljl bo surrendered restored to the former owner there or other claimants thereto, exc< such surrender or restoration be thoriztal by said Commissioner. " 'J circular further declares: * -3. "Whenever any aban dor cd lands or other abandoned property that snail come into possession of the burean does not fall under-the definition of 'abandoned' as set forth in Section 2, Act July, 1864, it will be formally sur? rendered by the Commissioner of the Bureau, upon clear proof tlfcit the claimant did not abandon the proper? ty in the sense defined. In the sur? render or restoration of any property? tho requirements of Circular No. 3, Current Series, from this Bureau, will bo carefully observed. (Circular No. 3 is quoted above as order of May 22, 1865.) *' * * * * "6. The pardon oi the President will not be understood to extend to tho surrender of abandoned or con? fiscated property, which hos boen 'set apart for refugees and freedmen,' or in uso for ?he employment and general welfare of all persons within the lines of national military occupa? tion within said insurrectionary States, formerly held as slaves, or who aro or shall become free." Thia abstract will furnish your Ex? cellency-, without any comment of mine, a clear idea of the condition of possession and title of nearly all the lauds of South Carolina ?below tide water, of much that was abandoned in the more interior bf the State during Sherman's march, and of a very largo proportion of the< city property of Columbia and Charleston. A<s 1 un? derstand, application before tho bureau must rest upon one of two grounds only. 1. That the lands were really not "abandoned." in the sense of the definition of tho Act; ?r 2. That the property was bona fide before tho war settled on women and minors, who, when their interests are j separate, cannot be punished ?Or the j acts of their husbands and fathers, which they could in no way control. Applications for restoration in this State must be made through General I Saxton's Headquarters, from which tlie application, with his endorsement of approval or disapproval, passe * to j Headquarters of Commissioner of the Bureau at Washington. The applica I tion should bo,sworn to, and winni lie j desires it necessary, the proof submit? ted to General Saxton, or to the agents whom he may appoint. I do not consider it within tho duty assigned nie by your Excellency to enter, in this communication, upon the consideration of any of the vei'jfl grave questions which thc subject suggests. Respectfully, ? WM. HENRY TRESCOT. NEOBO SQFFKAGK IN QUIO.-Govern? or Todd, in a recent speech in Ohio, I s lid : "Now;, as to this amendment to our State Constitution whereby the negro shall he permitted to vote in Ohio, I ! would say that my only objection to it is that I don't think it is to the inte? rest of the blackman to settle in Ohio. Slavery being abolished in the South? ern States now, J think the climate, .soil and productions of tho Soutli are j much better fitted for him, and he for I them, than at the North. I should be | sorry to mislead the negop from his j true interests; hence, I think it would be unwise to invite him to come here, as we would by giving him the. right j of suffrage here. The true friend to | the blackman will discharge his duty j to him better by advising him to seek : a climate where slavery does not exist; a climate and a country more conge- j nial to his tastes and inore profitable j to his labor than these Northern States ! and this Northern climate can be." I South America is still tho? scone of slaughter and convulsion. The war between Paraguay and Brazil is raging I fiercely. In a late naval conflict the Brazilians won a decisive victory over the Paraguayans, but at the same time thc latter invaded Brazil with an army I of 7,01)0 men, who took possession of a large fortified place called Borga, after a desperate conflict: In the action between the fleets of the two States, the Paraguayans, who com? menced the attack near Oorientes with eight steamers and six gun-boats mounting very heavy guns, lost their Admiral, who was killed, and 1,700 officers and men killed, wounded and missing, besides four steamers and all their gun-boats. The Brazilian loss,?? though not so great, was considerable. A remarkable sign of thc immense change product*! in France by the Emperor, is found in til? absence at this moment of all the members of-tho Government, together with the Em? peror and Empress; from Paris, and the extreme peace and good order of that once turbulent capital. Trade is not very good at present, and bank? ruptcies are numerous-yet the Pari? sians are as quiet as any other people on earth. Charleston Advertisements. For Liverpool. THE BRITISH BARK MELBOURNE, _ Captad Fosh, having a portion of her cargo rcadv, will have despatch for thc above port." Apply to GIBBES & CO., Sept 1 3 Auger's Wharf, Charleston. ARCfflBAU) GEM & CO., AND SOM, MEBSIIAOTS, 12fi end 128 Meiling Street, 9 CHARLESTON, S. C. F. A. WII.COXSON, Ageni Orange: g, S. C. EDMUND A. SOUDER tb ( ., Philadelphia, Tonn. LIVINGSTON, FOX & CO., Agents, New, York. KS" LIBERAL ADVANCES made on CON? SIGNMENTS._Aug 15 Smo* ?im hm HAMME Insurance Agency ! TUPPER & LANE 1(13 MEETING ST., CHARLESTON, S.*C.,% REPRESENT tho following first-class companres: GREAT WESTERN INSURANCE COM? PANY. OL' NEW YORK. SECURITY INSURANCE COMPANY, OF NEW YORK. PHOENIX FIRE INSURANCE COMP'NY, OF NEW YORK, > MANHATTAN INSURANCE COMPANY, OF NEW YORK. International Insurance Company, of New York! North American. Insurance'Companv, of New York. With aggravate cash capital of over $9,000,000. Fire, Murine and Inland Risks taken on rensonahlo terms,*and louses promptly set? tled. * S. Y. TUPPER. A. A. LANE. For particulars, applv to ZEALY, SC?1TT & BRUNS, Au? 14 2i> frAsscmbly street. J. II. BAGOETT ?te CO., Factors and Commission Merchants ARGEirs SOUTH WHARE, CHARLESTON; S. C. SELL in this Market, or ship to New York or Liverpool, both. Long and Short Sta? ple COTTON. Liberal advances on ship "mcnts, aud returns made in gold? or trea? sury notes, ns instructed. J. H. RAGGETT. E. M. SPEIGHTS. G. El. Chichester, . RE AI* ESTATE BROKE?.,* ls li ROAR STREET, CHARLESTON. AGENT for the purchase and salo of -REAL ESTATE m any of thc Southern States. * AT.SO, For thc REPAIRING, RENTING, ?c, of city properly. Owners of property in Charleston, un n.voidably detained in the np,country, can have their property taken care of and promptly attended to hy sending to above a Power ol' Attorney, to assume control of tho sann-, un;il thc-owners return. Iu?>r mation as to ?he condition of property in? jured by shells, and otherwise, with proba? ble expensed repairing, sent?n application USC" Wanted to purchase, for parties seeking investment of Kcal Estate, in South Carolina, several PLANTATIONS, in work, in g or. 1er, in thc upper portion of the State. Willis- <& ?his?lm7 Factor*, Commission Merchants, AND SHIPPING A GENTS. OFFICE, MILLS HOUSE, CHARLESTON, S. C. r. WTT.T.TP. * ' A. It. CHISOUr. WILL attendoto tho pun hase sale and shipment (to foreign anduomestic p"rts) of COTTON, RICE, LUMBER, NAVAL STORES;to thc collection of Drafts, Purchase aud Salo of all Securities. Con? signments of Vessels solicited. ' REFERS TO: Messrs. Joffn Fraser A Co., Charleston, S. C. Messrs. Geo. W. Williams A Co., " George Schley, Esq., Augusta, Ga. T. S. Metcalf, Esq., Mcs*s. Clark, Dodge & Co.? New York. Messrs. Murray h Nephew, " " Messrs. J:. W. 'Clark A Co., Philadelphia, I Penn. Messrs. Pendergast, Fenwick A Co., Bal timon;. Md. * Messrs. Samuel Harris A Sons, Baltimore Md. f Av* 8 26 JUST RECEIVED AT HIS RESIDENCE, Corner Blending and Bidl Streets, FINE COKSETTS, Black SEWING SDLK, Ladies' BUCK GAUNTLETTS and GLOVES. . Ladies' White KID GLOVES. Ladies' Mourning and Emb'd H'DK'FS. SILVER THIMB LlIS, SCISSORS. K-y ltinps, CrH^c Collars. Cologne, (pure and fino.) Lubin's Extracts, Pomade. Butterfly Cravat?, China Dolla. Fancy 'l uck Combs. Black Flax Thread, Satinets. Cassimcre, for suits. Embroidery Cotton, Siik Gloves. Silk Tissue, for veils. Bleached Shirting, Leather Belts. , DeBegc, foi1 travelling dresses. Ladies' Merino Vests. Low-priced Ladies' Hose. Fancy Vest ai>d Press Huttons. Diaper Pins, Agate Buttons. Gent's Linen Collars, Matches. Black and Colore:! S?k Pelting. Brooms, black and Green Tea. ' Spool Cotton, all numbers. * Mourning Calico. Boys' Half Hose, Felt Hats. Buta Raga.Turnip Seed, ?fcc. Aug 22 i [-0AVID.S0N COLLEGE, CHAfiLOTTI'7, A", c. THE exercises of tho Colloge, and of the Preparatory Department counocted with it. will bc resumed on the 2Sth of SEP? TEMBER. ' As a measure necessary to tho support of tho BAitution in the existing derangement I "of its finances, the Board of Trustees have suspended, for twelve months, the privilego of-using Scholarships in tho payment of. tuition. Tuition S20 f>r thc session of five months, and Board $10 per month-payable in-ad? vance, in specie, or its equivalent in curren? cy br provisions. Itris desirable tbp.t Students should bring with them snell hooks' as they may require; also such articles of furniture for their rooms as they may bc able Fo transport. For other particulars address the subscri? ber, to the care (for the present) of Dr. E. Nvc Hutchison, Charlotte. J. L. KIRKPATRICK, Aug 22 Imo . President. THE 0?MGWG, & C0LL1BU EUXS a CARRIAGE or SPRING WAGON to Orangeburg, at 2. p. m., Tuesdays, Thursdays'and Saturdays-making connec? tion with tile Charleston trains tho following mornings. On arrival of traill on Monday, AVednos day and Fridav, a vehicle starts "for Colum? bia. For passage, apple to J. II. FOWLES or E. COFFIN, at the store of K. M. Stokes, Plain street. _ _ Sept 2 4? CHARLESTON TO NEW YORK. ATLANTIC ??AST Mail Line! ?rn THE new first ?.?^^f^CTi class steamer MO ''''T^r^^TxV NEKA, Charles P ^^^^^^^^^^^ Marshman, Cou? ^^^^r^?m?^as^ B lt I D G15 ,? J. W. Bal ch , Commander, Will leave Charle '.on, S. C., direct for Now York, alternately, THURSDAYS each week. For freight or passage-having hagdsomo State Room accommodations-appljMf1 Fi A. WILCOXSON, Agent, ;m? . Orangeburg, S. C. ? ARCHIBALD GETTY & CO., l'Xj lind 12? Meeting st., Charleston, S. C. LI Vi NGSTON, FOX & CO., Agents, Aug 15 2mo_. New York. Offi?s Gen. Sup. W- and M. R. R., WIL?ITNGTON, N. C., A ?c. 24, A?. CHA NGE OF SCHEDULE. , ON and after SUNDAY, 27fch, daily trains will run over the Wilmington and Man? chester Railroad, between Kingsville and Wilmington, as follows: Leave Kingsville daily nt.7.35 p. m. " Wilmington " at.?ji;.00a. ta. Arrivs Kingsville " at .1.25 a.m. " Wilmington" at.3.05 p.m. There is daily communication 'North by rail from WBmirgton, and senii-wedkly by .steamer. Tites? trains connect with train? on the North-eastern Railroad^Choraw and Darlington Railroad and Wilmington and Weldon Railroad. There is a linc of stages, between Sumter and Camden connecting with these trains. * HENRY M. DRANE, i i aug 28 16 General Superintendent.