Newspapers / The Raleigh Register (Raleigh, … / July 16, 1867, edition 1 / Page 1
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. t.u- v. .i2V .r '1 j . 1 1 - i" Til 1111 re e Til. Agister. Published Semi-Weekly and Weekly by BATES OP ADVEKTISIirGr. One sqaar Ant toMrttoa,. " " I each subsequent insertion, $1 00 m HELPER & CHJPIN One quarei three months, " " ! aix months......... " " i twelv months,.... Two aquarea, thnamottttu...... PBOmiKTOBS. x . ......q. tni 10 00 ...IS 00 10 00 S IE HVr X - WEEK EDITIOKT TEEMS OF STJBSOEIPTIOK. " " atx months,.......;. ............... ..16 00 " - ttwelv months,... 35 90 One column, twelve months, ...... .....300 00 Bosiiieaa Cards, ooa square or leas, per yesr, ....... 800 Advertisements not speclAed a to time, pabhsbed UU ordered oat and charged sarardingtr, -- , , . -, - All advertisements considered, due ton first insertion and collectable accordingly, j , PAID INVAKIABLY IN A D V A H CI . orut irrriri.T cinirle coov. ter annum. . . . ...4 bo VOL. 1. New Series. RALEIGH, N. C, JULY 16, 1867. NO. 4. .i toclubaof Ave, attherate of ... apO! ; of tenor mora, at the rate of . . . . ip re 1 ,1 RECONSTRUCTION. The Eeconstruction Act vj AX ACT TO PROVIDE FOR THK MOKE EFFICIENT GOVERNMENT OF THE REBEL STATES. Wjiterkah; No legal state governments or adequate protection for life or property now exist in the rebel states of Virginia, Nortjh Carolina, South Corolina, Georgia, Alabamft, Louisiana, Florida, .Texas, Mississippi and Arkansas,, and 'whereas, it is necessary thAt peace and good order should be enforced in said states until loyalty and republican statie government can be legally established!; therefore, I Be it enacted by the Senate and House df Ryreeentalive of the United State of America in (tongress wmnnbled. That said rebel states siiall be divided into military districts, and made subject to the military authority of the ! United States, as hereinafter prescribed, anjl fof that purpose Virginia shall constitute thp first district; North Carolina and South Caij olina the second district; Georgia, Alabamii and Florida the third district ; Mississippi and Arkansarthc fourth district, and Louis iana and Texas the fifth district i Skc. 2. And be it further enacted, Tliat ijt shall be the duty of the President to assig to the command of each of said districts, an officer of the army not below the rank of 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 lie is assigned! Sec. 3. And be it further enacted, That it filiall be the duty of each officer assigned as aforesaid to protect all persons in theiij rights of person and property, to suppress insurrection, disorder and violence, and td punish or cause to be p'unished all disturlerg of the public peace and criminals ; and toj this end he may allow local civil tribunal to take jurisdiction of and try offenders, 01 when in his judgment it may le necessary for the trial of offenders, he shall have power to organize military commissions of tribunals for that purpose ; and all interference under color of State authority with the exercise of military authority under this act shall be null and void. Sec. 4. And be it further enacted. That all persons put under military arrest by virtue of this act shall be tried witnout unnecessary delay and no cruel or unusual punishment shall be inflicted; and no sentence ot anyj military commission or tribunal hereby au-i thorixed, affecting the life or liberty of any: person, shall be executed until it is approved by the omcer in command 01 the district and the laws and regulations for the govern-! frent of the army shall not lie affected by; this act, except in so far as they may conflict with its provisions : frovided, hat no sen-i tence of death, under the provisions of thisj act, shall be carried into effect without the; approval of the President. Sec. 5. Andle it further enacted, That when thi people of any one of the aforesaid rebel spues shall have formed a constitution of; government in conformity with the constitu-i tion of the United States in all 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 been! tsident in sajd state for one year previous; to the day of such election, except such as! j 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 a41j such persons as have the qualifications herein! stated for election of delegates ; and when! sueji constitution shall be ratified by a majoriy of the persons voting on the ques-j tion of ratification who are qualified as electors for delegates, and when such-constitution shall 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 4, and wliensakf article shall have become a part pf the constitution of the United States, said state shall be declared entitled to represen tation in congress, and senators and repre sentatives shall be admitted therefrom on taking the oath prescribed by law, and then Hpd thereafter the preceding sections of this act shall Vie 'inoperative in said state : FrimAed, That no person excluded from the; privilege of holding office by said proposed! amendment to the Constitution o f 1 he United ,;' States shall be eligible to election as a niem-j . iht of the convention to frame a constitution; for any of said rebel States, nor shall any such perbuu vote rot number of attic conven tion. Hko. C. And be 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 bo deemed provisional only, and in all respects subject to the paramount authority 0,f 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 toj yote, and none otner, wuo arc eniuieu 10; vote under the provisions qf the fjfth section of this act 5 and no person shall bo eligible; to any office under any such provisional; trovernments who would bo disqualified; from holding office under the provisions of! the third article of said constitutional! amendment. tation therein shall be reduced in the pro portion which the number of such male citizens shall bear to the whole number of male! citizens twenty-one years of age in such statci s SE& 3. No person shall be a senator or representative in congress, or elector of pres ident and vice president or hold any office, civil 'or military, under the United Statesc or under any state, who, having previously taken an oath as a member of congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comf orti to the enemies thereof. But con gress may, by a vote of two-thirds of each house, remove such disability. SE&t. The validity of the public debt of the United States authorized by law, inclu ding Idjebts incurred for payment of pen sions aid bounties for services in suppres sing Insurrection or rebellion, shall not be questhijnecL But .neither the United States 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 ; but all such debts, obligations and caims, shall be held illegal and void. Sec!. 5. The congress shall nave power to enforce by appropriate legislation the pro visions of this article. An Act to Prescribe an Oath "of Office and , j for Other Purposes . The following is the oath (' iron-clad ") ; of office! referred to in the Reconstruction j and Supplemental Acts. i Be k enacted, That hereafter any person elected Or appointed to any office of honor or profit under the government of the UniT ;td States, either in the civil, military or naval department of the public service, ex cept tie jpresident of the United States, shall before entering upon the duties of such office, aijd before being entitled to any of the salary of other emoluments thereof, take 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 aid, countenance, counsel or encouragement to persons engaged in armed hostility thereto; that I have never sought nor accepted, nor 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 yield ed 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 my 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 offiee on which I am about to enter. 80 help me God," which oath so taken and signed, shall be preserved among the riles of of the court, houses of congress, or the de partment to wnich said omcer may apper tain. And 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 anv office or place under the United States. Aproved July 2, 1862. Supplementary Eeconstruction Bill An act gupjjlemental to an act entitled an act to provide for the more efficient government of the rebel States, jMuaed March 2, 1867, and to facilitate restoration. He it enacted. That before the 1st day of September, 1867, the commanding genera! in each district defined by an act entitled " An act to provide for the more efficient government of the rebel States," approved March second, eighteen himqred, and sixty seven, snail catfte a registration to be made of the male citizens of the United States twenty-one years of age and upwards, rest dent in iCach county or parish, in the State Or States included in his district which reg istiation will include only those persons who are qualified to vote for delegates by the act aforesaid, and who shall have taken and. subscribed tlje following oah or affirmation I, I , do solemnly swear, (or affirm) in the presence of Almighty God, that I am a citizen of the State of : that 1 have resided in said State for months next preceding this day, and now reside in the county of . or parijth of . , in said State, as case may be ; that I am twnty-.ono ytiar, uld ; that I have not been disfranehilsod for participation in any rebellion or civil war against the United" States, nor for felony committed against the laws of any State or of the United States : that I have never been a member of any State Legislature, nor held any executive or jndicml offic e in any State, and aftprwawla ep- gagea in lnsurrecon agunst me umteu states, udgjvtm aid of comfort to the enemies thereof : tha j have nerer taken an oath as memler of Congressi of thei United States, or as an cftVr of the United States, or as a member of any State LeifUlature, or as an executive or judicial officer f any State, to support the Constitution of the United States,; and afterwards engaged in Snsur section or reltellion against the United States, or Riven aid or comfort to the enemies thereof! and that I will faithfully support the Gmstitntioii and liey,.thc laws of the United St&a j will, to thq best of my alrflity, encourage all othersito do so so hclp'm ; God." Which oath or animation may Iks administered by any registering officer. Sec. 2. That after the completion of the registration hereby provided for in any State at such iuje and. plaoes therein as the com bianding general, shall appoint and direct 0,f whicti at least thirty days' notice shall be given, fie ejection shaiL be held of delegates jto a Convention for the purpose of establish ing a constitution and Civil tfovernment for such S,taite loyal to e Union, and said Con tention in each State (except Virginia) to consist of thq same number of members as the most numerous branch of the State Leg? law; nor deny to anv person within its juris- J Islature of such State in the year I860, to be ! .1 . . " 7 r , -J 11 : i .! i -a . appui uunuu ujnimy iim 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 shall consist of 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 ttje year 1809, to be apportioned ai aforesaid.' ' ' j j Sec. 8.' That at said election the register ed voters of., each State ! shall vote for or against a convention to form a Constitution therefor under this act Those voting in fa vor of such Convention, shall have written Constitutional , AmOTchaent Tlje fqltowjng 1$ Constitutional Amend ment, commonly called the Howard Amend-i inent : ARTICIIjS XIV. Section 1. AH persons born or naturalised In tlje Unifcecl States qic subject to juris diction thereof are. citizens of the United t-tatcs and of the state wherein tley reside. $o stafe make or enforce any law Which shall abridge Hhe privileges or linmq nitics of citizens of the IJniteq States j nor ahull auv state : deprive any person qf life, liberty or property without: due process of or printed on the ballots by which they vote for delegates, as aforesaid, the words " for a Convention and these voting against such a convention shall have written or printed on such ballots the words " against a Con vention." The persons appointed to super intend 6aid election, and to make return of the voters given thereat as herein provided, shall count and make return of the votes given for and against a Convention ; and the commanding general, to whom the same shall have been returned, shall 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 snail not be neia unless a ma jority of all such registered voters shall have voted on the question of holding suchTon-vention. Sec. 4. That the commanding 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, and 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 tution 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 provided, and 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 shaU be ratified by a major- ty 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, xluly certifitjd, 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, then immediately upon its next assembling ; and if it shall moreover appear to Congress that the election was one at which aU 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 01 a majority of all the qualified electors in the State, and if i the said constitution shall be declared by Congress to be in conformity with the provisions of the act to which this 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 be declared en titled to representation, and senators and representatives shaU be admitted therefrom as therein provided. Sec. 6. All elections In the States men tioned in the said " 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 and conducting said elections shall, before entering upon the discharge of their duties, subscribe an oath faithfully to perform the duties of their said office and the oath prescribed by the act ap proved July 2, 1862, entitled "An act to prescribe an oath of office": Irotided, That if any person shall knowingly and falsely take and subscribe any oath in this act Erescribed, such person so offending, and eing thereof duly convicted, shaU lie sub ject to the pains, penalties, and disabilities which by law are provided tor the punish ment of the crime of wuful and corrupt perjury. Sec. 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 appropnated. Seo. 8, That the convention for each State ishall prescribe the fees, salary, and compen eation to be paid to aU delegates and other omcers and agents herein authorized 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 te property in such State as may be necessary to pay the. name. Seo, 9. That the word "article" in the 6th section of the act to which this is sup plementary shaU be construed to mean " section." GENERAL ORDERS. THE CAROLINAS OEDEB FROM GEN. SICKLES TO. THK BELIEF OF DESTITUTE IMMEDIATE COLLECTION OP CER TAIN DEBTS PROHIBITED. Hdqb's Secokd Military District, Charleston, S. C., April 11, 18G7. General- Ordeb No. 10.--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 resource. The nature and extent of the destitu tion demand extraordinary measures. - The peo ple are borne down by a heavy burden of debt, the crops of grain and garden prod ace failed last rear. many families have been deprived of shelter, many more need food and clothing, useful implements diction the equal protection of tho laws. hEC. 2. Kopresentanves shall be appor tioned among the several states according to their respective numbers, counting the whole ntuiiher of persons in each state excluding Indians not. 'taxed.. But when the right to vote at any election for the choice of. elec- tm-s for. president and vice president of the United States, representatives in congress, executive and judicial omcers of a state,' or the members of tho legislature thereof, is denied 'to any of the; male Inhabitants of such state being twenty-one years of age fcnd cit izens of the United States, or in any way abridged except for participation in rebei liuu or other crime, th basis of represen- Registers in Bankruptcy- We learn that the following appointments have been made : The 1st district has been divided by the Albemarle Sound, and C. C, PqgI, Esq., of Pasquotank, appointed for one part, and Col. I). W. Jones, of Washington, appointed for the other part. For the. 2d district It F. Lehman, Esq., of Craven. For the 3d district, W. A. authrie, Esq., of Cumberland. For the 4th district John T. IXewecse, Esq., of Wake. i For the 5th district Thomas & Keogh, Esq., of Quiiford, For the 6th djatrict T. F. Broadffeld, Esq., of ItowaUt For the 7th district Clinton B. Cilley, Esq., of Caldwell, forlhe Eastern half, and It U. Cannon, Esq., of Jackson, for the Western half. JAMES W. ALBRIGHT, West Market Street, Greeruihoro, N, C,, Haying fitted up a, splendid Job PRINTING OFFICE; Offers his services to the public. June 14, 1867. 24-3m. and auxiliaries of husbandry are very scarce; the laboring population in numerous localities are threatened with starvation snle&s supplied with food by the Government of the United States ; the inability of a large portion 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 01 all claims, lo softer 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 m force with such modifi cation as the occarion may require until the civil government of the respective States shall be .es tablished m accordance with the requirements of the Government of the United States. The com manding General earnestly desires and confidently believes that the observance of these regulations and the co-operation of all persons concerned in employing fairly and justly the advantages still remaing to them, will mitigate the -distress now existing, and that the avenues of industry, enter prise, and organization thus opened will contrib ute to the permanent welfare and future happi ness of the people. ". Firtt : Inprisonmentfer debt is prohibited, nn- esa the defendant in execution shall be convicted of a fraudulent concealment or disposition of his property with intent to binder, delay, and prevent the creditor m 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. oecond. Judgment or decrees for the payment of money on causes of action arising between the 19th of December. 1860. and the 15th 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 ef December, 1860, unless upon the written con sent of the defendants, except in cases 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 Oourt. The sale of real er personal property by foreclosure of mortgage is likewise suspended for twelve celan- dar months, except in cases where the payment of interest money accruing since the 15th dav of May, 1865, shall not have been made before the dav of sale. Fourth. Judgments er decrees entered or en rolled on causes of action arising subsequent to the Lth of May, 18(, mav 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. Jn such cases the usual mode of proceeding, adopted m North and South Carolina respectively to determine that question shail be adopted. Fifth. All proceedings for the recovery of mon ey under contracts, whether under seal or bv pa role, the consideration for which was the purchase of negroes, are snspeuded.. Judgments or decrees entered or enrolled for such causes of action shall not be enforced. Sixth. All advances of moneys, subsistence, 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 by the like remedies provided to secure advances of money and other means for the cultivation of the sou. Seventh. In all sales of nronertv and execution by 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 parel, subsistence, implements of trade, husbandry or other employment of the value of $500. The homestead exemption shall inure only to the ben fit ef families that is to say, parent or parents and child or children in other cases the exemp tion shall extend only to clothing, implements of trade or other employment usually followed by the defendant, of the value of $ 100, The exemp tion hereby made shall not be waived or defeated by the act of the defendant The exempted prop erty of the defendant shall be ascertained by the Sheriff or other omcer enforcing the execution who shall specifically describe the same, and make a report thereof in each case to the Court. JjJighih. The currency of the U in ted btates 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 payimait 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 omcer resides. Amtfi. iToperty 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 ox the cultivation of the soil, shall not be taken under the process known as foreign attachment ; but the lien created by any existing law shall not be disturbed, nor shall the possession or the use of the same be in any wise interfered with except in the execution of a judgment or final decree in cases where they are athoriaed 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 sai.tojp nor ta ken by the sheriff or Qth$? officer serving the pro cess ; to suits for trespass, libel, wrongful conver sion of property, and other cases, known as ac tions ex deticto, bail, as heretofore authorized, may be demanded and taken. The prohibition of bad in cases ex contractu shall not extend to persons about to leave the State, but the fact of intention must le clearly established by proof, Eleventh. In criminal proceedings the usual recognizances shall be required and taken by the proper civil officers heretofore author' zed 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 or any criminal offense X shall be the duty of such magistrate or officer to. issue his war- . A. r 1 1 1 - . A will on uue recognizance 01 iae complainant 10 prosecutes without requiring him to give security on such recognizance. .. Twelfth. UTie practioe of carrying deadly weap ons, except by officers and soldiers in the military service of the United States, is prohibitod, The concealment of such weapons on the person will, be deemed an" aggravation of the offense. A vio lation of this order wQl render theffender amed- ,; ' .. ' .;;;'54i ... ;'. -. able to trial and punishment by military commis sion. Whenever wounding or killing shall result from the tue of such weapons, proof that the per son carrying or concealing a deadly weapon shall be deemed evidence of a felonious attempt to take the life of the injured person. 1 nmeenta. The order heretofore issued In this military department prohibiting the punishment of crimes and offenses by whipping, maiming, branding, stocks, pillory, or other corporal pun ishment is in 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 ef 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 hard labor for a term not exceeding ten years nor less than two years, in the discretion of the court hav ing iurisdiction thereof. Larceny, when the val ue thereof is less than $25, shall be punished by imprisonment at hard labor for a term not exceed ing one year in the discretion of the court. Fifteenth. The Governors of North and South 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. oiXteentL Nothing m this order shall be con strued to restrain or prevent the operation of pro ceedings in bankruptcy 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 States, or of the provisional governments of North and South Carolina ; but bo 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 other officers or persons holding a fiduciary relation to the persons or the subject of the action or proceeding. Seventeenth. Any law or ordinance heretofore in force in North or South Carolina inconsistent with the provisions of lis General Order is here by suspended and declared inoperative. . ' By command of Major-Gen. D. E. Sickles, J. W. CLOUS, Capt 38th U. S. Infantry, A. D. C. and A. A. A. G. Hkad'qbs. Second Military District, Charleston, S. C. May 20th. 1867. General Orders JTo. 25. It appears from sundry petitions and official representations that the present scanty supply of food in the C&rolinas is seriously diminished by the large quantity of grain consumed in numerous distilleries, put up and worked in defiance of the 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 omcers 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 this unlawful traffic makes food dearer in places where large numbers are de pending npon 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, m the ex ercise of the authority vested in the Commanding General it is ordered that, 1. The distillation or manufacture of whiskev or other spirits from grain is prohibited in this Military District. Any person so engaged or employed will be deemed guilty of a misdemeanor. The possession of a stilt or other apparatus for this purpose will be considered presumptive evi 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 be found, will be arrested and brouget to trial before a military tribunal composed of the Commanding omcer of the Post and two omcers 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 by the Commanding General. 4. All troops of the United States, Magistrates, Sheriffs, Constables, 1 once and others m authority are required, and all citizans are solicited, 'to be vigilant of these orders. Commanding officers will be held responsible for their enforcement. By Cammand of Maj Gen. D. E. Sickles J. W. CLOUS, Capt. 88th Infantry, Official A. D. C. & A. A. A. G. Alexander Moore. Capt. 88th Infantry Aid-de-Camp. tive officers and for the localities above designated to the provost marshal general. Blanks will be furnished by him upon application: The first report-to include the period from January 1st to May 81st 1867. 11 L. Whenever any prisoner shall break and escape from a penitentiary, jail or other prison, in the second military district, the officer in charge of such penitentiary, iail or other prison, !ehall 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 bv all omcers from whose custody prisoners may escape while beimr conducted to or from a prison. Whenever a pris oner shall be recaptured, the fact will be at once reported. to the prpvoat marshal .-general ly the officer from whose . custody the prisoner escaped. Failure to make prompt report of escaped prison ers as herein required, will inculpate the delin quent officer as aiding and abetting the escape. IV. The sheriffs of the counties in North Car olina, and of districts in 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, and the names and residences of the officers re sponsible for the condition and care of 6uch 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, ot all persons who have been confined m such jail, prison or workhouse, dnnng the month, setting forth the name of the prisoner, his description, residence, age, whcn.committed, for what offence arrested, by whom arrested, by whose order arres ted, whether under sentence or awaiting trial ; if under sentence, by what tribunal tried and sen tenced : if sentenced, for what period, and the amount of fine or costs, if any ; how employed ; how subsisted ; whether discharged, transferred, escaped or deceased ; if discharged, by what au thority ; it transferred, to what place, and by whom. The first report made under theVequire ments of this paragraph will include the period from January 1st to MayJJlst, 1867. VL 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 nne and imprisonment.. VII. Duplicates ofthe report required, by the provisions of paragraph II, ni and V of tins or der, to be made by local officers to the provost marshal general, will at the same time be sent tc the proper post commander. v in. The ierformance of the duties enioined 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 ional governments. And any civil officer whr shalhrefuse or neglect to perform promptly th duties herein required of him, or who shall make anv false return or report of the matters herein prescribed, shall be dismissed from his office, and be subject , to trial by military commission for mis demeanor. IX. Sheriffs, constables and other oificeis. 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 bf police or marshal of the city or town; or, if the crime or disorder shall be 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, attormes or pub lic officers, shall not exceed thirty days.- By command ef Maj-Genl D. E. SICKLES. The number of such licenses shall be deter mined, and the fees to be charged for each license shall be prescribed and collected, by the municipal or town authorities : -and ap propriated exclusively for. the benefit of the 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 Internaf Revenue laws of the United States is an additional charge and does not excuse the person from the observance of local regulations, nor ex empt him from the payment of' 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 or transportation, , storage or insurance of intoxicating liquors shall with in this military district , be deemed and treated as against public .policy, and no civ il action, suit or proceedings for the enforce ment of any such contract shall be enter tained in any court. 8. In public conveyances' on railroads, highways, streets or navigable waters; no discrimination because of color or caste shall be made, and the common rights of all citi zens therein shall b recognized and" respect ed. The violation of this regulation 'will be deemed a misdemeanor and render Ut offen 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 by distress for rent is alwl ished, where lands are leased, or let out for hire or rent. Cotton, corn or other produce of thie sale, when severed from the land, may be impounded, but the same shall not be re moved. And the cotton, corn or other pro duce so impounded shall be held as security for the rent orMre so claimed and may be sold in satisfaction of any judgment for the same, Provided, that any unsuccessful claim for labor bestowed upon the cultivation of such cotton, corn, or. other produce, shall, in no case, be postponed to any demand for rent or hire. But to the extent of , such claim for labor there shall be a lien on such cotton, corn or oth'er produce having prefer ence over any clai' 1 for rent or hire. By commr A of MAJ. GEN. SICKLES. J. W. Cot,v A. A. A. G. ' JJOOKS, STATIONERY; Ac, THE R0BTH CAROLINA COMPANY PUBLISHING have on hand assortment of and for sale a large and varied H m H BOOKS. I LAW & EQUITY, MEDICAL, MUSICAL, RELIGIOUS, STANDARD, - I SABBATH SCHOOL, MISCELLANEOUS BOOKS. ALSO, PHOTOGRAPH ALBUMS, STATIONERY, &e. Together with other articles common to a Book . Store, all of! which will be sold very low. for the cash. f This Company is also prepared to execute with neatness and dispatch, orders for printing , BOOKS, i CARDS, j CIRCULARS, j CATALOGUES, j HAND BILLS, Ac. Call at No 1, Fayette vflle street, or Address jul 5-3m W. H. CUNINGGIM, Agent Another Important Order- H'd Q'es, 2d Militaby District, Charleston, S. C, June 3d, 1867. General Orders, No. 34. I. Sheriffs, chiefs of police, city marshals, chiefs of detectives and town marshals of the sev era! districts, cities, towns, and other municipal organizations, in North Carolina and South Caro lina, will at once, by letter, report to Bvt. Edward W. Hinka,J. S. army, provost marshal general of the secondTnilitary district, Charles tan, South Carolina, setting forth in the report the name of each officer, his residence, official 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 ef police, city marshal, chief of detectives or town marshal, will make individual reports to the pro vost marshal general in like manner and form as above required. II, Whenever any homicide, rape, mayhem, f donjons 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 r officer of police of such city or town shaU 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 ajjainst 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 Ins punishment and if not in custody, giving any information which may be of service in securing bis detection and arrest. Sheriffs of counties in North Carolina and of dis tricts in South Carolina, shall investigate and make report 01 snch otrencee, wnen commuieu within their respective counties or districts, and pot within the limits of any city or town, in like manner and form as is rierein required of police of cities and towns.. When an offender, whose offence has been reported, shall be, arrested, report of the amst will be made at once by the omcer in charge to the provost marshal Keneral. ' - Consolidated monthly reports of the above enu merated crimes will also be made by the respeon Important Order from Gen- Sickles. , Head Q'rs 2nd Military District, Charleston, May 30. General Order No. 32. 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, . nAN 1 .V.JL1. A . Ol T- , 100 v, is eugiDie to omce in uie rrovisionai government of North and South Carolina. All persons appointed to office will be re quired to take the oath prescrilied 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 yeaT, 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 compe 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 ing citizens and worth, in the aggregate, double the amount of the bond, over and above just debts, will be sufficient. ' 4. The Mayors of cities and other munici pal and town officers, and all Sheriffs, Mag . 1 . , t- 1 r. - 1 a. . lstrates ana ronce omcers, are requireu be vimlant ana emcient in maintaining or der, and in the discharge of their duties. They will be expected to co-operate With the military authorities. 5. Poet commanders may summon to their aid, whenever the ordinary means at their disposal shall not be sufficient to execute their orders, such of the civil officers, and as manv 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 tha 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. -' '';' fl. No license for : the sale 'of Intoxicating liquor ia quantities less than one gallon or to be dranX op the premises shall be grant ed to any person other than an Inn-keeper, THE YiRBEOUGH HOUSE, i Fayetfeville Street, RALEIGH, N. 0., i - i I Have the pleasure of announcing to my friends and the travelling public, that I have leased the I YARBKOUGII 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 verv kind and liberal oatrohacre. received while in charge of the EXCHANGE HOTEL in this city. 1 promise that the iarurough House shall have no superior in the South. J. M. . BLAIR. 14tf STEVENS IIOU8E 21, 23; 24 & 27 Broadway, New York. 1 i Opposite Bowling Green, i On jthe 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 of the city is on the highway of Southern and Western travel and adjacent to all the prin cipal Railroad and Steamboat depots. '' f THE STKVKJN5 HUUSJ5 has liberal accom modation fof over 800 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 water-the attendance is prompt and respectful and the table is generously pro vided with every delicacy of the season at mod erate rates, j The room having been refurnished and re modeled, we are enabled to offer extra facilities for the comf ert and pleasure of our G nests. i P.VM V PHASiE . ri VJ AV AIM w W. Ivpriet9r$, to 23-tf Company Shops Hotel, TinS "fAVI;G BEEN RECENTLY renovated, is now oen for the reception of regu lar boardersjuid transient custom. I am' prepared to furnish meals to persons travelling up or down the Central Road, on the arrival of regular trains, i . r.tf MRS. Si A.: HIGH, r- Proprietress. TAUREWS IIOTEI .1 raon point, n.,c, X ' The traveling public may rest assured of finding i good and fmf ortable awwumenanona u ui Pr opr I e t o r . bouse. r!
The Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 16, 1867, edition 1
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