Newspapers / The Raleigh Register (Raleigh, … / July 9, 1867, edition 1 / Page 1
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' h ' - : . " j - '-i -r. ; . i ... '.-jj Lj .i.'ju.j 11 - 1 . -ii ,-- . . ' . . - .- .'-'-' ... . ' - : : : ! ' 7TTV . ' - . ... "r . Publish! Semt-WtqUy and .Weekly bt One square, first lirtIoa,. ...... ...... " - " ,:s eaoh tiywuioent insertion,. One square, three mootha,.... ...... Ml ..... 6 00 "' "il'-' r-riri t vast " . " six mootha,.;.. ...... .......... " twelve months,,. .10 00 i vqoju-ea. tnree monina,. ....1U uu . , . six monins,. ...... .;.)....... i wi : " Ki twelve month. . v. . . .'(., ,k .;.,. j.95 90 One column, twelve montha,....(. .............. 300 00 Biumen Cards, one aquare or lees, per year,;...... 8 00 advertisements not specified as to time, published till?' ordered out and charged accordingly. v j- ' Ail tdvertiaeinenU considered dua from fint Insertion of teat or mors, ke rmtto.., : am eoueoubte aooorduudr. , 1 .a - I'i.'l .-r. ! ' ' .r.M .t i I - I:M I 1 1 ItJtT 1 it A : I I ::-?M I I.j 1 til : . . I I -1 I I I I 's A M - I I .:.f I I - I I k? -' . I Id.f 11:11 I- , . On mum ' r" J i J-' J7'T -- ;"' '4 i 'ii ? t "";lr .ii'j'?,V:i,rr?1'1" jr1- .T''nv1''' . '. .,''.:. r' ,r " 'i ... i ' 1 11 1 .l., ' " ,,2Jt-j llLy&----- "4-4-W-i .. W-'! tttt -r-r v- . ' V. Wf I ' Advertlemant not roedfled u to time, published till? I-:; ItKCONSTBUCTl6Si X ACT TO ntOTHXB FOB THB MOKBSFUC'OiNT . w"n eOTKMtMEfT OF THB RKBEX BxATSL' : i .'WhsbkIb,' Na legal Ptat goTcrnmentsor adequate protection for life or property iiow exists iu the rebel states1 of Yirginia, North I varouna,- souia oroiina, u cordis, Aiauania, i Louisiana, Florida, Texas, Mississippi ad . Arkansas, and whereas, it is necessary that peace and good order should bVettforoed. in , said states until loyalty and republican state f therefore, ' . ti " '' Jk it enacted by tht EenaU oj4 ,OxiMof t IintreKttiativet of the United Statu afjamca in. Congreu auemUed That said irbel states shall be di rided into military districts, and nade subject to the military authority of the United States,. as hereinafter pTWcribeoahdi for that purpose Virginia shall tn'4 the first KlliiT '-- -" olina the second district: Georgia, Alabama tationf ttifie&i ifckli',be reduced in the pro: portion which -the number of such male citt2eB8 shall bear to the whole number of mala citizens twenty-one years of age in such state. ' ! ',' j Sec. 3: No Person shall be a senator or rbpresentAtive yb congress, or elector of pres ident and vice president, or hold any office, sitiPor nlitaryj under the United States or under any state, who, having previously takied an oath as a member of congress, or at-an ofloer of the United States, or as a mebar of any state legislature, or as an exexhiare'iCT judicial oflleer of any state, to support the Constitution of the United States, shall haw engaged. in' insurrection or rebellion Against the same, or given aid and comfort to the enemies' thereof. But con gress may, by a vote of two -thirds of each house, remove such disability. BsOi 4. fThe validity of - the public debt pf the United States authorized by Ja.w, jnciu- and Florida the third district ;. Mississippi it ana Arsansas tne iourtn aistrict, ana iiouis- I iana and Texas the fifth district. - ... 1 ' Sec. 3. And bd it further enacted, That it j shall be the duty of the President to assign ; to the command of each of said districts an ! officer of the armv not below the rank of l brigadier general, and to detail a sufficient military force to enable such officer to per form his duties and enforce his authority within the district to which he is assigned. Sec. 3. And be i( further enacted, That it 1 shall be the duty Y each officer assigned as ; aforesaid to protect all persons in their ' rights of persoir and property, to suppress ! insurrection, disorder aha violence, and to ' punish or cause to be punished all disturbers j of the public peace and 'Criminals ; and to i this end he may allow local civil tribunals when in his judgment it may be necessary : for the trial of offenders, he shall have power : to organize military commissions of tribunals for that purpose; and all interference under ; of military authority under this act shall be i i null and void. ? SECi 4. . And be it further enacted, That all ! persons put under military arrest" by virtue ' of this, act shall be tried without unnecessary ! delay and no cruel or unusual punishment shall be inflicted; and : no sentence of any military commission or tribunal hereby au thorized, affecting the life or liberty of any person, shall be executed until it is approved py the officer in command of the district ; and the laws and regulations for the govern ment of the army shall . not be affected by this act, except in so far as they may conflict with its provisions ; Provided, That no sen tence of death, under the provisions of this act, shall be carried into effect without the approval of the President. Sec. 5. Andbe it further enacted, That when the people of any one 0f the aforesaid rebel Btates Bhall have formed a constitution of government in conformity with the constitu tion of tne United Btates in ail respects, framed by a convention of delegates elected by the male citizens of said state twenty one years old and upward, of whatever race, color, or previous condition, who have leen esdent in said state for one year previous to the day of such election, except such as may be disfranchised for participation in the rebellion or for felony at common law ; and when such constitution shall provide that the elective franchise shall be enjoyed by all such persons as have the qualifications herein stated for election of delegates ; and when such constitution shall be ratified by majony of the persons voting on the ques tion of ratification who are qualified, as electors for delegates, and when such con stitution snail have been submitted to con gress for examination and approval, and congress shall have approved the same: and when said state, by a vote of its legislature elected under said constitution shall have adopted the amendment to the constitution of the United States proposed by the thirty ninth congress, and known as article 14, and when said article shall have become a part of the constitution of the United States, said state shall be declared entitled to represen tation in congress, and senators and repre tentative? shall oc admitted tnererrom on taking the oath prescribed by law, and then and thereafter the precedinir sections of this act shall be inoperative in said state : Irovuled, That no person excluded from the privilege of holding office by said proposed amendment to the Constitution of the United States shall be eligible to election as a mem lcr of the convention to frame a constitution (for any of said rebel States, nor hall any such person vote for member of said conven tion. Sec 6. Andbe it further enacted, That until the people of said rebel states shall be, by law, admitted to representation in congress ' of United States, any civil governments which may exist therein shall be deemed provisional only, and in all respects subject to the paramount authority of the United States at any time to abolish, modify, con trol or supercede the same ; and in all elec tions to any office under such provisional governments-all persons shall be entitled to vote, and none other, who are entitled to vote under, the provisions of the fifth section of this act ; and no person shall be eligible to any office under any such provisional governments who would be disqualified ' from holding office under the provisions of the third article of said constitutional amendment. Constitutional Amendment The following is the Constitutional Amend ment, commonly called the Howard Amend ment: , AKTICIK XIV. Section 1. All persons born or naturalized in the United States and subject to the juris diction thereof are citizens of the United States and of the state wherein they reside No state shall make or enforce any law i which shall abridore the privileges or iinmu " nitics of citizens of the United States ; nor - shall any state deprive any person of bfe, liberty or property without due process of , law, nor deny to any person within its juris diction the equal protection of the laws. Skc. 2. Ilepresentatives shall be appor tioned among the several states according to their respective numbers, counting the whole number of persons in each state excluding Indians not taxed. But when the right to vote at any election for the choice of elec tors for president and vice president of the United States, representatives in congress, executive and judicial officers of a state, or the members of the legislature thereof, L denied to any of the male inhabitants of such state being twenty-one years of age and citizens of the United States, or in any way abridged except for participation In rebel lion or other crime, the basis of represen- sintr insurrection or rebellion, shall not be questioned. But neither the United btates nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim' for the loss or emancipation of any slave j but all such debts, obligations and claims, shall be held illegal and void. 8ec. 5. The congress shall have power to enforce by appropriate legislation the pro- 'y visions of .this article r i -.- i l An Act to Prescribe an Oath of Office and I h for Other Purposes- The following is the oath (" ironklad ") of joffice referred to in the Reconstruction and Supplemental Acts. Be it enacted, ! That hereafter auv person elected or appointed to any office of honor or profit under the government of the Uni ted States, either, in the civil, military or naval department of the public service, ex cept the president of the United States, shall before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, bike and subscribe the following oath or affirma tion : "I, A. ;B., do solemnly swear (or affirm) that , I have never voluntarily borne arms against the United States since I have been a citizen thereof ; that I have volun tarily given no laid, countenance, counsel or encouragement to persons engaged in armed hostility thereto; that I have never sought nor accepted, npr attempted to exercise the functions 'of any office whatever, under any authority or pretended authority, in hostility to the United States ; that I have not yicld- edi a voluntary support to any pretended government, power or constitution within the United States, hostile or inimical thereto; and I do further swear (or affirm) that to the best of mjr knowledge and ability, I will sup port and defend the constitution of the Uni ted States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the. same; that I take this obli gation freely, Without any mental reserva tion or purpose; of evasion, and that I will well and faithfully discharge the duties of the pffiee 'on which I am about to enter. So help me jOod," which bath so taken and signed, shall be preserved among the files of of: the court, houses of congress, or the de partment to Which said officer may apper tain. Arid any person who may falsely take said oath shall be guilty of perjury, and on conviction, in addition to the penalties now prescribed for that offence, shall be deprived of his office, and rendered forever incapable after, of holding any office or place under the United States. Approval Jiiity 2, 18G2. THE OKMTR FROM QEX. SICKLES FOB THE BELIEF OF The persons appointed to urv pDBSTmiTE-iMKEMATB coxiEcrio ofcer- lj4f DEBTS PBHJBJTliI Vprfntedonili'Ballots byhfeti they vote for delegates, a aforesaid, the v0rdr" fbf sr Ojrivetctkm and: these voting against such a convention shaU have 'written or printed 1 on, sucn ballots the.wcda against A?aa?r ventioa." intend said election, and to make return pf the voters given thereat, as herein provided, shall count ftud make return of the votes, given for and against a Convention ; and the commanding; general, to whom the same shall' have been returnedshall ascertain and declare the total vote in each State for and against a Convention. If a majority of the votes given on. that question shall be for a Convention, then such , Convention shall be held, as hereinafter provided ; but if a ma jority of said votes shall,, be against a Con-' vention, then no such Convention shall be held under this act : Provided, That such a Convention shall not be held unless a ma jority of all such registered voters shall have 4 JEVkT. ORDERS. CAVROLINAS . debts; Incurred: Jor -fe.yWnt' of pen Jvotedon the .questiQftof hcJdkjBch QojQg v Supplementary Reconstruction Bill. An act typjilemeiital to an act entitled an act to prerulie for the more efficient (cernmett of -the refa State, ;ojZ March 2, 1807, and to facilitate rentsration. Be it enacted, That before the 1st day of September, 1867, the commanding general in each .district defined by an act entitled " An act to provide for the more efficient gpvernment of the relel States," approved March second eighteen hundred and sixty seven, shall cause a registration to be made of the male citizens of1 the United States twenty-one yeftre of age and upwards, resi dent in each county or parish, in the State or States included in his district, which reg istration will include only those persons who are qualified to vote for delegates by the act aforesaid, and who 6hall have taken and subscribed the following oath or affirmation : " I, flo solemnly swear, (or affirm) in the presence of lAlmighty God, that I am a citizen of the State of 1 ; that I have resided in said State for U months next preceding this day. aind now reside jin the county of , or parish of , in said State, as the case may be : that am twenty-oiic years old : that I have not been disfranchised for participation in any rebellion or cavil war against the Lmtcd Mutes, nor for felony committed against the laws ot any Mate or of the United states 1 that! hare never been a iucmlcr of any State Legislature, nor held any executive or judicial office in any State, and afterwards en gaged in,, insurrection against the United Mates, and given aid or comfort to the enemies thereof: that I have narcr taken an oath as member of Congress of the United States, or as an officer of the United States, or as a member of any State Legislature, oiAab an executive or judicial officer of any State, to support the Constitution of the United States, and afterwards engaged in uisur aection or rebejlioh against the United States, or ijiven aid or comfort to the enemies thereof ; and that I Will faithfully support the Constitution and bliey the laws of the United States ; and will, to the best of my ability, encourage all others to do bo so help me God."! Which oath or affirmation may be Administered by any registering officer. Sec.S; 2. That after the completion of the registration hereby provided for in any State at such time, and places therein as the com manding general, shall appoint and direct of which at least thirty days' notice shall be given, the election shall be held of delegates to a Convention for the purpose of establish ing a constitution and civil government for 6Uch State lojyal to the Union, and said Con vention in each State (except Virginia) to consist of the same number of members as the most numerous branch of the State Leg islature of sUch State in the year i860, to be apportioned among the several districts, counties, or parishes of the State by the com manding general, giving to each representa tion in the ratio of the voters registered as aforesaid, aS nearly as may be. The conven- tion in Virginia suan consist or the same number pf members as represented the terri tory now constituting Virginia in the most numerous branch of the Legislature of said State in the year 1860, to be apportioned as aforesaid.; H - r v ' . Sec 8. That at tuid election the register ed voters cif each State shall vote for or against a convention to form a Constitution therefor under this acts Those voting in fa vor of such a Convention shall have written Sec. 4. That the commandini? General of each district shall appoint such loyal officers or persons as may be necessary, not exceed ing three in each election district, in any State, to make and . complete the registra tion, superintend the election, and make re turn to him of the votes, list of voters, ind of the persons elected as delegates by a plu rality of the votes cast at said election ; and upon receiving said returns he shall open the same, ascertain the persons elected as delegates according to the returns of the. of ficers who conducted said election, and make proclamation thereof, and if a majority of the votes given on that question shall be for a Convention the commanding general, with in sixty days from the date of election, shall notify the delegates to assemble, in Conven tion, at a time and place to be mentioned in the notification ; and said Convention, when organized, shall proceed to frame a consti tution1 and civil government according to the provisions of this act and the act to which it is supplementary ; and when the same shall have been so framed, said consti tution shall be submitted by the convention for ratification to the persons registered un der the provisions of this act at an election to be conducted by the officers or persons appointed by the commanding general, as hereinbefore providedand to be held after the expiration of thirty days from the date of notice thereof, to be given by said con vention; and the returns thereof shall be made to the commanding general of the dis trict. Sec. 5. That if, according to said returns, the constitution shall be ratified by a major ity of the votes of the registered electors qualified as herein specified, cast at said election, at least one-half of all the register ed voters upon the question of such ratifica tion, the president of the convention shall transmit a copy of the same, duly certified, to the President of the United States,, who shall forthwith transmit the same to Con gress, if then in session, and if not in session, the?! immediately upon its next assembling; and if it shall moreover appear to Congress that the election was one at which, all the registered and qualified electors in the State had an opportunity to vote freely and with out restraint, fear, or the influence of fraud, and if the Congress shall be satisfied that such constitution meets the approval of a majority of all the qualified electors in the State, and if the said constitution shall be declared by Congress to be in conformity with the provisions of the act to which tliis is supplementary, and the other provisions of said act shall have been complied with, and the said constitution shall be approved by Congress, the State shall Io declared en titled to representation, and senators and representatives shall be admitted therefrom as therein provided. Sec. 6. All elections in the States men tioned in the said u Act to provide . for the more efficient government of the rebel States," shall, during the operation of said act, be by ballot ; and all officers making the said registration of voters arid conducting said elections shall, before entering upon the discharge of their duties, subsoils an oath faithfully to perform the duties of their said office and the oath prescribed by the act ap proved July 2, 186 entitled "An act to prescribe an oath pf office": Ivovided, That if any person shall knowingly and falsely take ana subscribe any oath in this act Erescribed, such person so offending, and cing thereof duly convicted, shall be sub ject to the pains, penalties, and disabilities wnicn oy law are proviueti iur pumu ment pf the crime of wilful and corrupt perjury. ' Seo. 7. That all expenses incurred by the several commanding generals, or by virtue of any orders or appointments made by them, under or by virtue of this act, shall be paid out of any moneys in the Treasury not other wise appropriated. Sec. 8. That the convention for each State 6hall prescribe the fees, salary, and compen sation to be paid to all delegates and other officers and agents herein authorised or neces sary to carry into effect the purposes of this act, not herein otherwise provided for, and shall provide for the levy and collection of such taxes on the property in such State as may be necessary to pay the same. Sec. 9. That the word " article" in the 6th section of the act to which this is sup plementary shall be construed to mean " section." Registers in Bankruptcy- Wo learn that the following appointments have been made : The 1st district has been divided by the Albemarle Sound, and C. C. Pool, Esq., of Fasquotank appointed for one part, and Col. E. V. Jones, of "Washington, appointed for the other part. For the 2d district R. F. Lehman, Esq., of Craven. For the 3d district, W. A. Guthrie,. Esq., of Cumberland. For the 4th district JohnT. Deweese, Esq., of Wake. For the 5th district Thomas B. Keogh, Esq., of Guilford. .For the 6th district R. F.Broadfield,Esq., of Rowan. For the 7th district Clinton B. Cilley, Esq., of Caldwell, for the Eastern half, and. R. H. Cannon, Esq.of Jackson, for the Western half. JAMES W. ALBRIGHT, - i - " : '. - i - ; - Went Market Street, Qreewiboro, iT. C7., Having fitted up a splendid Job PRINTiNGtOFICEl Offers his services to the public ' , : :i IJ&,B Second MitiTAiiy District, , c;;. r - axleston, C., April 11, 1867; t- General Ordeb No. 40.-The general des titution prevailing among the "population of this military district cannot be relieved without afford ing means for the development of their industrial resources. The nature add. extent of the destitu tion demand extraordinary .'measures. The peo ple are borne down by a bary burden of Sebt, the crops of grain and garden produce failed last year, many families have been deprived of shelter, many more need food and clothing, useful implements and auxiliaries of husbandry -are very scarce ; the laboring population" in numerous localities are threatened wjth- tarvatio"t unless supplied with food by the Government of tb4 United States ; the infifetttty- f large portie of the people to pay taxes leaves the local authorities without adequate means of relief, and the gravity of the situation increased by the general disposition shown by creditors to enforce upon an impoverished people the immediate collection of all claims. To suffer all this to go on without restraint or remedy is to sacrifice the general good. The rights of creditors shall be respected, but the appeal of want and ruf fering must be heeded. Moved by these consider ations, the following regulations are announced, and they will continue in force with such modifi cation as the occarion may require until thecivil government of the respective States shall be es tablished in accordance with the requirements of the Government of the United States. N The com manding General earnestly desires and confidently believes that the obaervanoe of these regulations and the co-operation of all persons concerned in employing fairly and justly the advantages still remaing te them, will mitigate the distress now existing, and that the avenues of industry, enter prise, and organization thns opened will contrib ute to the permanent welfare and future happi ness of the people. Firtt : Inprisonment for debt is prohibited, un less the defendant in execution shall be convicted of a fraudulent concealment or disposition of his property with intent to hinder, delay, and prevent the creditor in the recovery of his debt or demand, and the proceedings now established North and South Carolina respectively, for the trial and de termining of such questions, may be adopted. Second. Judgment or decrees for the payment of. money on causes of action arising between the 19th of December, 1860, and the lftth of May, 1865, shall not be enforced by execution against the property or the person of the defendant. Pro ceedings in such causes of action now pending shall be stayed, and no suit or process shall be hereafter instituted or commenced for any such causes of action. Third. Sheriffs, coroners and constables are hereby directed to suspend for twelve calendar months the sale of ali property upon exeevtion of process on liabilities contracted prior to the 19th f December, 1860, unless upon the written con. sent of the defendants, except, in eases where the plaintiff, or in his absence his agent or attorney, shall upon oath, with corroborative testimony, al lege or prove that the defendant is moving or in tends fraudulently to remove his property qeyond the territorial jurisdiction of the Court The sale of real er personal property hy "foreclosure of mortgage is likewise suspended' for twelve ealan dar months, except in cases where the payment of interest money accruing since the 15th day of May. 1865, shall not have becu made before the day of sale. Fourth. Judgments er decrees entered or en rolled on causes of action arising subsequent to the 15th of May, 186.", may be indorsed by execu tion against the property of the defendant, and in the application of the meney arising under such executions, regard shall be had to the priority of liens, unless in cases where the good faith of any lien shali be drawn in question. In such cases the usual mode of proceeding adopted in North and South Carolina respectively to determine that question shall be adopted. Fifth. All proceedings for the recovery of mon cy under contracts, whether under seal or by-parole, the consideration for which was the purchase of negroes, are suspended. Judgments or decrees eutered or enrolled for such causes of action shall not lie enf orced. Sixth. All advances of moneys, snlsistcnce, im plements, and fertilizers, leaned, used, employed or required for the purpose of aiding the agricul tural pursuits of the people, shall be protected, and the existing laws which have provided the most efficient remedies in such cases for the lender will be supported and enforced ; wages for labor performed in the production of the crops shall be a lien on the crop, and payment of the amount due for such wages shall be enforced hy the like remedies provided to secure advances of money and other means for the cultivation of the soil Seventh. In all sales of property and execution bv order of any court there shall be reserved out of the property of any defendant who has a fami ly dependent upon his or her labor a dwelling house and appurtenances and twenty acres of land for the use and ocrupation of the famiiy of the defendant, and necessary articles of furniture, ap narel. subsistence, implements of trade, husbandry or other employment of .the value of $500. The homestead exemption shall inure only to the ben fit f families that is to say, parent or parents and child or children in other cases the exemp tion shall extend only to dothing, implements of trade or other employment usually f Uowed by the defendant, of the value of $100. -The exemp tion hereby made shall not be waived or defeated bv the act of the defendant. The exempted prop erty of the defendant shall be ascertained by the Sheriff or other officer enforcing the execution, who shall specifically describe the same, and make a report thereof in each case to the Court. Eighth. The currency of the United States de clared by the Congress of the United States to be a legal tender in the payment of all debts, dues, and demands, shall be recognized in North and South Carolina, and all cases in which the same shall be tendered in payment and refused by any public officer will be at once reported to these headquarters or to the commanding officer of the post within which such officer resides. Ninth. Property of an absent debtor or one charged as such without fraud,! whether consist ing of money advanced for the purposes of agri culture or appliances for the cultivation of the soil, shall not bo taken under the process known as foreign attachment ; but the ben created by anv existing law shall not be disturbed, nor shall the possession or the use of the same be in any wise interfered with except m the execution of n . . ' , xl able to trial and punishment by military commis sion. Whenever wounding er killing shall result from the use of such weapons, proof that the per son carrying or concealing a deadly weapon Bhall be deemed evidence of a felonious attempt to take the life of the injured person. ; ' ; Tmrteenta. Tne order heretofore issued in this military department prohibiting the punishment ox crimes ana ouenses- oy wnippmg, - maiming, branding,' stocks, pillory, or other corporal pun ishment is m force and will be obeyed by all persons. Fourteenth. The punishment of death in cer tain cases of burglary and larceny imposed by the existing laws of the provisional governments in this military district is abolished. Any person convicted of burglary or of larceny, when the property stolen is of the value of $25, of assault and battery with intent to kill, or of assault with a deadly weapon, shall be deemed guilty of felony, and shall be punished , by imprisonment at bard labor for a term not exceeding ten years,nor less than two years, in the discretion of the court hav ing jurisdiction thereof. Larceny, when the val- tive officers and for the localities above designated to the provost marshal general. Blanks will be furnished hy him Upon application. The first re port to include the period from January 1st to Ol i 1 ontr . . t " may oisi, ioo. .; . u'. ILL Whenever any -prisoner shall break mnH escape from a penitentiary, jail or other prison, in the second military district, the officer in charge of such penitentiary, jail or other prison, shall at once make report of the facts to the provost mar shal general, setting forth in such report the date of escape, the name of the escaped prisoner, his description, age, residence, the crime for- which committed, whether under sentence or awaiting trial, whether recaptured, and stating fully, the manner of the escape and the circumstances un der which it was effected. Reports in like form and manner will be made by all officers from whose custody prisoners may escape while vbeincr conducted to or from a prison. Whenever a pris oner shall be recaptured, the fact will be at once reported to the! provost marshal- general by the officer from whose- custody, the prisoner escaped. r auure to make prompt report of escaped prison- ue thereof is less than $25.?shall be punished by I ers as herein reauiredr will incmWj the, Aalin. pprisonmentWiarfTabbr fofTrtetm not ttes&rtqa anthAettSglhs ktmV 4"e tttMre ? . . . . . . . . 1 . we one year in ine discretion ox me court. v JfyfteentA. ine Governors or .North and booth Carolina shall have authority within their juris dictions respectively to reprieve or pardon any person convicted and sentenced by a civil court and to remit fines and penalties. JsHBteenth. Nothing in this order shall be con strued to restrain or prevent the operation of pro ceedings in bankruptey in accordance with the acts of Congress In such cases made and provided for with the collection, of any tax, impost, excise or charge levied by authority of the United bta or of the provisional governments of North an bouth Carolina ; but no imprisonment for ovei due taxes shall be allowed, nor shall this order 01 any law of the provisional governments of North and South Carolina operate to deny to minor chil dren or children coming of age or. their represen tatives, nor to suspend as to them any right of ac tion, remedy or proceeding against executors, ad ministrators, trustees, guardians,, masters, or clerks of equity courts, or ether officers or persons holding a fiduciary relation to the persons or the sumect 01 tne action or proceeding. Seventeenth. Any law or ordinance heretofore in force in North or South Carolina inconsistent with the provisions of this General Order is here by suspended and declared inoperative. 15y command ot JVlajor-ueu. D. tu. aickies, J. W. CLOUS, Capt. 38th U. S. Iuf antry, A. D. C. and A. A. A. G. Head'qrs. Secokd Military District, Charleston, S. C. May 20th, 1867. General Orders iTo. 25. ( It appears from sundry petitions and official representations that the present scanty supply of food in the Carolinas is seriously diminished by the large quantity of grain consumed in numerous distilleries, put up and worked in dehance of te revenue laws of the United States ; it is represent ed that few or none of the requirements of law are observed in any of these establishments; that the officers of the internal revenue service while endeavoring to assess and collect the whiskey tax ars frequently treated with disrespect and some times menaced with violence; and that when offenders are prosecuted in the civil courts and violations of the internal revenue laws indisputa bly proved, juries fail to convict the parties ; it is further shown that tliia unlawful traffic makes food dearer in places where large numbers are de pending upon public and private bounty ; that the Government - is, besides, defrauded of a large amount of revenue ; that the authority of its civil officers is brought into contempt; furthermore, that the mnchief complained of tends to increase poverty, disorder and crime ; therefore, in the ex ercise of the authority vested in the Commanding General it is ordered that, 1. The distillation or manufacture of whiskey or other spirits from grain is prohibited in this Military District. Anv person so engaged or employed will be deemed guilty of a misdemeanor. The possession of a still or other apparatus for this purpose will be considered presumptive ew dence of a violation of the revenue laws, and the party or parties using the same, or on whose premises, or in whose possession the same may he found, will be arrested and brouget to trial before a military tribunal composed ot the Commanding officer of the Post and two officers of the army next in rank on duty within the territorial limits of the Post. If the exigencies of the service do not dermit the detail of other officers that fact will be duly certified and the Post Commander will hear and determine the case. 2. The penalties, punishments and forfeitures prescribed by the several acts of Congress for dis tilling or manufacturing whiskey or other spirits in violation of the revenue laws will be imposed by the military tribunals hereby authorized. 3. No sentence extending to imprisonment, for feiture of stills, liquor or other property, or the imposition of a fine or other penalty will be carried into effect until reported to these Headquarters and approved bv the lxmraanding General 4. All troops of the United States, Magistrates. Sheriffs, Constables, Police and others in authority are required, and all citizdns are solicited, te be vigilant of these orders. Commanding officers will be held responsible for their enforcement Bv Cammand of Maj Gen. D. E. SICKLES J. W. CLOUS, Capt 38th Infantrv, Official: A. D. C. & A. A." A. G. Alexander Moore. . Capt. 38th Infantry Akl-de-Camp. The number of such licenses' shall be. cUter mined, and the fees to be charged for each j license shall be prescribed and collected, by, the municipal or, town authorities and ap t t propriated exclusively for the benefit of the j poor. If any person, shall be found drunk on the premises where liquor is sold, the li cense may be revoked by any magistrate.- ; The tax imposed by the Internal Revenue j lawa of : the United States ; is'an additional i charge and does not excuse the person from , the observance of local . regulations, nor ex empt him from the payment pf such' other license fees, as may be imposed -by the mu nicipal or other competent authorities. All contracts hereafter made for the man? ufacture, sale "of transportation storage or insurance of intoxicating liquors shall with in this military . district be, r deemed, andv treated as against public policy, and ho civ- " il action, suit or proceedings for the enforce ment of any such" contract shall be enter tained in any court. ' -tMir .y iudgment or final decree in cases where they are authorized to be enforced. Tenth. In suits brought to recover debts known as actions ex contractu bail, as heretofore author ized, shall not be demanded by the suitor nor ta ken by the sheriff or other officer serving the pro- cess : in suits tor. trespass, 11 Dei, wrongiui conver sion of property, and other cases, known as ac tions ex delicto bail. A heretofore authorized, may be demanded and taken. The prohibition of bail in cases ex contractu shall not extend to persons about to leave the State, but the fact of intention mnnt be clearlv established by roof. Klenenth. In criminal proceedings the usual recognizances shall be required and taken by the tirooer civil officers heretofore authorized by law to take the same, provided, that upon complaint being made to any magistrate or other person au thorized by law to issue a warrant for breach of the peace er any criminal offense it shall be the duty of such magistrate or officer to issue his war rant on the recognizance of the complainant .to prosecutes without requiring him to give security on such reccrnizance. , . '. ". "J ,' t Tvodfthl The practice of carrymg'deadly weap ons. exceut bv officers and soldiers m the military service of the United States, is' prohibited., The concealment of such -weapons On the person will be deemed an aczravation of the offense. A vio lation of this order will render theoftenuer amea Another Important Order II'd Q'rs, 2d Military. District, Charleston, S. C, June 3d, 1867. General Orders, . No. 34. I. Sheriffs, chiefs of ' police, city marshals, chief 8 of detectives and town marshals of the sev eral districts, cities, towns, and other municipal organizations, in North Carolina and South Caro lina, will at once, by Jetter, report to uvt. 101. Edward W. Hinka,u. S. army, provost marshal general of the second military district, Charles ton, South Carolina, setting forth in the report the name of each omcer, his residence, othcial sta tion, duties, post office address, salary per annum, and the authority by whom appointed. Coroners, constables and other officers in this military dis trict, whose duty it is to make arrests, and who are not included in the force of any sheriff, chief of police, city marshal, chief of detectives or town marshal, mil make individual reports to tne pro vost marshal general in like manner and form as above required. II. Whenever .any homicide, rape, mayhem, felonions assault, burglary, arson, robbery or lar ceny where the property stolen is of the value of twenty-five dollars and more shall be committed within any city or town in this military district, the chief " officer of police of such city or town shall at once investigate the case and report the facts to the provost marshal general, setting forth the nature of the crime, the name and residence of the party against whose person or property such crime has been committed, the time when and place where it was committed, the name, descrip tion and residence of offender, if known ; and if the offender has been arrested, stating what steps have been taken to secure his punishment ; and if not in custody, giving any information which may be of service in securing his detection and arrest Sheriffs of counties in North Carolina and of dis tricts in South Carolina, shall investigate and make report of such offences, when committed within their respective counties or districts, and not within the limits of any city or town, in tike manner, and form as is herein required of police of cities and towns ,, When an offender, . whose offence has been reported, shall be arrested, report of the arrest will be made at once by the officer in charge to the provost marshal general." f j -i Consolidated mcnthlr reportB of the above enu merated crimes will 'also be made by the respec- IV. 1 The sheriffs of the counties in North Car olina, and of districts Lin South Carolina, will at once report to the provost marshal general the condition of the jails, prisons or workhouses un der their charge, or in, their respective districts or counties, as to capacity, convenience and security, ana tne names and residences of the officers re- ponsiblo for the condition and care of such jails". prisons and workhouses. V. All civil officers having charge of any jail, prison or workhouse, in this military district, shall, on the last day of each month, make a report to the provost marshal general upon blanks to be by him prescribed and furnished upon application, or ail persons wno nave been confined in such jail, prison or workhouse, during the month, setting forth the name of the prisoner, his description. residence, age, when committed, for what offence arrested, by whom arrested, by whose order arres ted, whether nnder sentence or awaiting trial ; if under sentence, by what tribunal tried and sen tenced: if sentenced, for what period, and the amount of fine orcosts, if any ; how employed ; how subsisted ; whether discharged, transferred. escaped or deceased ; if discharged, by what an thoritv : if transferred, to w hat place, and bv whom. The first report made under the require ments of this paragraph will include the period from January 1st to May 31st, 1867. VI. All sheriffs, constables, police and other civil officers and persons, whose duty it is under the laws of the provisional government of North and South Carolina to serve writs or make ar rests, are hereby required to obey and execute the lawful orders of the provost marshal general to the same effect as they are required by law to obey and execute writs, warrants, or other process is sued by civil magistrates. And any resistance. or disobedience of the lawful orders or authority of the provost marshal general, shall subject the offender to trial by a military commission, and upon conviction, to removal from office and pun ishment by fine and imprisonment. VIL Duplicates of the report required, by the provisions of paragraph II, III and V of this or der, to bo made by local officers to the provost marshal general, will at the same time be sent tc the proper post commander. VIII. Ine performance of the duties en loined by this order will not be construed to relieve civil officers from the discharge of any of the duties now required of them by laws of the local provis tonal governments. And any civil officer whr shall pefuse or neglect to perform promptly tho duties herein required of him, or who shall make any false return or report of the matters herein prescribed, shall be dismissed from his office, anc be subject to trial by military commission for mis demeanor. IX. Sheriffs, constables and other officeis, whose official emoluments are confined to costs and fees, shall be allowed for services performed under the orders of the provost marshal general, the same costs and fees, to be paid in the same manner as is provided by the laws of the local provisional governments for like service under those laws. X. All persons in this military district, who may know of any threatened breach of the peace, or of the commission of any crime or offence, are requested to .make complaint thereof at once to the chief of isolice or marshal of the city or town; or, 11 tne crime or disorder shall lie committed without the limits of any city or town, to a mag istrate or the sheriff of the county or district, and if prompt action shall not be taken by the officer to whom the matter shall be reported, such per sons are requested to report all the facts to the post commander and to the provost marshal general. XL Imprisonment for default in payment of costs, fees, or charges of court, attornies or pub lic officers, shall not exceed thirty days. By command ef Maj-Gen'l D. E. SICKLES. Important Order from Gen- Sickles. Head Q'rs 2nd Military District, Charleston, May 30. General Orders No. 32.J 1. Any citizen, a qualified voter accord ing to the requirements of the Act to provide for the more efficient government of the reb el States, passed March 2nd, 1867, and the act supplemental thereto, passed March 23d, 1867, is eligible to office in the Provisional government of North an4 South Carolina. All persons appointed to office will be re quired to take the oath prescribed by the act aforesaid and to file the same duly subscrib ed and sworn to with the Post Commander. 2. All citizens assessed for taxes, and who shall have paid taxes for the current year, are qualified to serve as jurors. It shall be the duty of the proper civil officers, charged with providing lists of jurors, to proceed within their several jurisdictions, without delay, and ascertain the names of all quali fied persons, and place them on the jury lists, and from such revised lists all jurors shall be hereafter summoned, and drawn in the manner required by law. 3. All citizens are eligible to follow any licensed calling, employment!- or avocation, subject to such impartial regulations as may be prescribed by municipal or other conipe-' tent authority, not inconsistent with common rights and the Constitution and laws of the United States. The bond required as secu rity shall not exceed the penal sum of one hundred dollars. One or more sureties be- citizens and worth, in the aggregate T.21 . a. . : . T . . . .. uiguways, 1 streets or ' navigaoie waters, no j?f discrimination because of color or caste shall : f be made," and the common rights of all: eiti- ! zens therein shall be recognized and respect ed. The violation of this regulation will be deemed a. misdemeanor and render the off en- der liable to arrest and trial by a Military tribunal to be designated by the command ing General,' besides snch damages as the in jured party may sue for and recover in the civil Courts. 9. The remedy bv distress for rent is abol ished, where lands arc leased, or let out for tiire or rent Cotton, corn or other nroduce of the sale, when sevcred.from the land, may be impounded, but the same shall not be r moved. And the cotton, corn or other pro ducc so impounded shall be Jield as security for the rent or hire so claimed, and may be j sold in satisfaction of any judgment1 for the same, Provided, that any unsuccessful claim or labor bestowed unon the cultivation of such cotton, corn, or other produce, shall, in i no case, ' be postponed to any f demand for I rent or hire. But to the extent of such claim for labor there shall be a lien oh such : cotton; corn or other produce having prefer- t ence over any claim for rent or hire. . , By command of " , - ' MAJ. GEN. SICKLES. i J. W. Clous, A. A. A. G. ' ' ( gOOKS, STATIONERY, fcc THE NOBTH OAEOLdA' dOMPAITY PUBLISHING have on hand assortment of awl for sale a large and. Varied H M H CO B O OK S LAW r: & EQUITY, MEDICAL MUSICAL, RELIGIOUS, STANDARD, SABBATH SCHOOL, MISCELLASTEOUS -B o o m .0 s ALSO. PHOTOGRAPH ALBUMS, STATIONERY, &c. Together wit;h other articles common to a Book Store, all of which will be sold very low,-for the cash. ' i - This Company is also, prepared to execute with neatness and dispatchorders for printing books, ; . - L CARDS, CIRCULARS, , CATALOGUES, . r ' HAND BILLS, &c Call at No 1, Fayetteville street, or Address W.U. CUNINGGLM, jul 6-8m j . Agent. THE YARBOBOUGH HOUSE, .' : Fayetteville Street, 5 ; : RALEIGH, N. C, . '. ' , , .1 I Have the pleasure of announcing to my friends and the travelling public, that I haye leased the . YARBROUGII HOUSE, for a term of years. The house will be Repainted and Furnished with new and elegant furniture . at once. , , I return sincere thanks to my patrons for their very kind and lilieral patronage, received While in charge of the EXCHANGE HOTEL in this city. 1 promise that the 1 arurough House shall have, no superior in the South. J. M. BLAIR.' 14tf i ' Company Shops Hotel, . . '"PHIS HOTEL, t 'r 1 HAVING BEEN .RECENTLY renovated, is now open for the reception of jregu lar boarders and transient custom. - I am prepared to f unush meals to' persons travelling up or down the Central Road, on dihe arrival of regular trains. ,k, MRS. S. A. HIGH, 5tf ; . Proprietress. JARRELL'S HOTEL,, M HIGH POINT, N. C, .iarre 1. 1. , P r op'r i c t"r The traveling public may rcstasgured of finding good and comfortable ' accommodations at, this house. . . ; 4-38pd in g double the amount of the bond, over and above just debts, will be sufficient. 2 It 23 4. i lie mayors 01 cities ana otner munici pal and town officers, and all Sheriffs, Mag: istratcs and Police officers, are required to be vigilant and efficient in maiutaining or der, and in the discharge of their duties. They will be expected to co-operate with the military authorities. 5. Post commanders may summon to their jiid, whenever the ordinary means at their disposal shall not be ' sufficient to execute their orders, such xif the civil officers, and as many of the citizens,, within the territorial limits of the .military post, as may be neces sary, and the neglect or refusal of any person to aid and assist in the execution of the or ders of the Commanding officer will be deemed a misdemeanor, punishable by such fine and imprisonment as may be imposed by a military tribunal approved by the Com manding General. : i I 6. No license for the sale,' of intoxicating liquors in quantities less than one gallon or to be drank on the oremisea shall be errant ed to any person other than air Inn-keerier, : 23-tf STEVENS HOUSE, 24 & 27 Broadway, New York. Ojypmite BoirUng - Green, On the European Plan, THE STEVENS HOUSE, is well and widely known to the travelling public. The loca tion is especially suitable to merchants and busi ness men ; it is in close proximity to the business part oi the city is on the highway of Southern and Western travel and adjacent to all the prin cipal Railroad and Steamboat depots. - THB STEVENS HOUSE has liberal accom modation for over 300 guests it is well furnish ed, and possesses every modern improvement for the comfort and entertainment of its inmates." The rooms are spacious ,and well ventilated provided with gas and wate-the attendance 4s pwmI and respectful--ftnd the table is generouslypro vided with every delicacy of the season at mod erate rates;' I ' .' '-. . "'i The rooms having been refurnished, and, re-; ' modeled, we are enabled to offer extra facilities for the comfort -and pleasure or our tmesis. GEO. K. CHASE c,C04 Cf L Propretori V rtvl 1 1 '
The Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 9, 1867, edition 1
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