Newspapers / The Raleigh Register (Raleigh, … / July 19, 1867, edition 1 / Page 1
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TIE RALEIG REG published Semi-Weekly "and Weekly by HELPER & CIIAT?!, PKOrBlKTORS.; ' TEEMS OF SUBSCEIPTIOU. ' l'AIIl IN V AH I ABLY IJ ADVANCK. BATES GF ADYESTISrKQ. . - One square, first insertion. ..,.'. ...tl 00 each subaaqaent insertion,.... 60 One square, three month,. . . . . ..... oo ix months, .J 10 00 twelve months, 15 00 Two squares, three months,.....,..,..,..., 10 00 " " bU moiitliBf.-.'.......j.rA.l..:.i.l5 00 I M - em mi sbmi-wbekIy edition. twelve mouths......... .3S 00 One column, ftwetre months, ., 00 Business Cards, one square or less, per year, S 00 Advertisements not specified aa to time, ptfbUshed till ordered ont sad charged accordingly. I. - -wv, All advertiaeffienU considered .due from first insertion and collectable accordingly. : -. r t ' 1 ,t--t' '.. h'kMI-WEEXLY, dingle copy, per anntuu, $ Oft WKEKLY. . . " " " !f VOL. 1. New Series. RALEIGH, N. C, JULY 19, 1867. NO. 5 torraus or nv. ai ue raw in j " of ten or more, at Uie rate of . . . . 2 -8ff She Sill. TCECOjSTSTIWGTION The Eeconstraction Act. A N ACT TO JROVIDK KOU TIIK MOKK KFFIt IKXVT 4 GOVERNMENT OF THE REBEL STATES. Wiieukas, Ho legal state governments or adequate protection for. life or property now exists in the relx-l states of Virginia, North Caroling South Corolina, Georgia, Alabama, Louisiana, Florida, Texas, Mississippi and Arkansas, and whereas,' it is necessary that peace and good order should le enforced in said states until loyalty and republican state governments can be legally established ; i therefore, Be it enacted liy the Senate and limine of llprescntativeHOf tlw: United State of America ' in Uoii'jrfM asxrmbled. That said rebel states shall Ire divided into military districts, and made subject to the military authority of the United States, as hereinafter prescriberL and for that purpose Virginia shall constitute the nrst district; North Carolina and South Car olina the second district; Georgia, Alabama and Florida the third district ; Mississippi and Arkansas the fourth district, and Louis iana anfl Texas the fifth district, 8ec. 2. Aiul he it fnrtlner enacted, That it shall be the duty of the President to assign 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 ertable such officer to per form his duties and enforce his authority within the district to which he is assigned. Skc. 3. Aiul be it further enacted, That it shall be the duty of each officer assigned as aforesaid to protect all persons in their rights of person and property, to suppress insurrection, disorder and violence, and to punish or cause to be punished all disturbers of the public peace and criminals ; and to this end he may allow local civil tribunals to take' jurisdiction of and try offenders, or 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 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 jiersons 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 by 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 ink) effect without the ' approval of the President. Skc. 5. Audbe it furtlwr emu-ted, Thatwhen the people of any one of the aforesaid rebel states shall have formed a constitution of government in conformity with the constitu 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 esident in said state for one year previous to the day of such election, exejsf 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 a majoriy of the persons voting on the ques tion of ratification who are qualified as electors for delegates, and -when such con stitution shall have been submitted to con gress for examination and approval, and congress shay, 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 Baid 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 sentatives shall be admitted therefrom on taking the oath prescribed by law, and then and thereafter the preceding sections of this act shall be inoperative in said state. Provided. 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 nu m ber of the convention to frame a constitution for any of said relnel States, nor shall any such person vote for member of said conven , tion. - Sec. 6. And be it furtlwr enacted, That until , by the people ot said renci states snau oc, ov law, admitted -tig representation in congress of United Staffs, 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 aro 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 : ARTICIK XIV. Section 1. All persons born or naturalized in the United States and subject to the juris diction thereof au citizens of the United Htates and of the sjafe wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immu nities of citizens of the United States ; nor shall any state deprive any person of life, liberty or property without due process of law, nor deny to any person within its juris diction the equal protection of the laws. Hvxh 2. Representatives shall be appor tioned among the several states according to their respective numbers, counting the whole number at persons in each state excluding lndians not taxed. But when the right to tion in Virginia shall consist of the same vote at any election for the choice of elec- number of members as represented the terri tors for president and vice president of the Itory now constituting Virginia in the most l nitetl States, representatives in congress, executive and judicial officers of a state, or the mcmlicrs of the legislature thereof, is denied to any of the male inhabitants of such' state leing 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- tation therein shall be. tenured in the pro portion which the number of such male citizens shall Ixsar to the whole number of male citizens twenty-one years of age in such state. - , Sec. 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 States or under nny 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 cdmfort to the enemies thereof. But con gress may, by a vote of two -thirds of each house, remove such disability. i . Skc. 4. The validity of the public debt of the United States authorized by law, inclu ding debts incurred for payment pf Qn siona and bounties for services in suppres sing insurrection or rebellion, shall not be questioned. 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 claims, shall be held illegal and void. Sec. 5. The congress shall have power to enforce by appropriate legislation the pro visions of this article. An Act to Prescribe an Oath of Office and for Other Purposes The following is the oath (" iron-clad ") of office referred to in the Reconstruction and Supplemental Acts. Beit enacted, That hereafter any person elected or appointed to any office of honor or profit under the government of the Uni- ited 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 pf such ioffice, and before being entitled to any of Lthe salary or other emoluments thereof, take and subscribe the following oath or amrma- Ition : v I, A. B., do solemnly swear (or affirm) that I have never voluntarily borne farms 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 fo 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 1 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 office on which I am about to enter. So help me God," which oatli 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. And any person who may falsely take said oath shall be guilty of perjury, and on conviction, in addition to the penalties now presented for that offence, shall be deprived of his office, and rendered forever incapable after, of holding any office or place under the United States. Ajliroved July 2, 1862. Supplementary Eeconstruction Bill. An act mmilementtd to an act entitled an act to provide for the more efficient government of .the rebn btates. rxisml March 2, lob7, and to facilitate restoration. Be it enacted. That before the 1st day of September, 1867, the commanding general in each district denned by an act entitled " An act to provide for the more efficient government of the . rebel States," approved March second, eighteen hundred and sixty seven; shall cause a registration to be made of the male citizens of the United States twenty-one years of age and upwards, resi dent in each countv or parish, in the State or States included in his district, which reg tistration will include only those persons who are qualified to vote tor delegates by the act aforesaid, and who shall have taken and subscribed the following oath or affirmation "J, , do solemnly swear, (or affirm) in the presence of Almighty God, that I am a citizen I of the State of : that 1 have resided in said I State for months next preceding this day. ani1 linw r ... . rt mnnrv ,.i , or purism of , in said State, as the case may lie; that I am twenty -one yearn old ; that I have not lieen disfranchised for participation in any relwllion or civil war against the Ignited States, nor for felony committed ugainst the laws of any State or of the United States : that I have never lecn a member of any State Lcgisluture, nor held any executive or judicial office in any State, ami afterwards en gaged iu insurrection against the United States, and given aid or comfort to the enemies thereof: that I have never taken an oath as memler of Congress of the United States,' 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 supjwrt the Constitution of the United States, and afterwards engaged in insur I section or reliellion against the United States, or I given aid or comfort to tho epomiea thereof and j that I will faithfully support the Constitution and r obey the law s of the United States ; and will, to I the lcst of my ability, encourage all others to do so so help m; God." Winch oath or affirmation i may tie ml ministered by any registering officer. Sec. 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 le held of delegates to a Convention for the purpose of establish ing a constitution and civil government for such State loyal 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 18(50, to be apportioned among the several districts, counties, or parishes of the State by the com manding general, giving to each representa- I tion in the ratio of the voters regii ' aforesaid, as nearly as may be. The registered as conven- ! numerous urancn oi ine legislature or saia state in me year i oou, to ue apportioned as aforesaid, Sec. 3. That at said election the register! ed voters ef, each jState shall vote for or against a convention to form a Constitution therefor under this act Those voting in fa vor of such a Convention shall have written or printed on the ballots by which they vote for delegates, as aforesaid, the words " for a Convention ;" and those 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 said 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 shall not be held unless a ma jority of all such registered voters shall have voted on the question of holding such Con 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 irj 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 hereof, 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 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, w ho 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 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 tliat such constitution meets the approval ot 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 this is supplementary, and the other provisions of said act shall have been complied with, and theisaid constitution shall be approved by Congress, the btate shall be 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 " 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 Julv 2, 1862, entitled "An act to prescribe an oath of office"i Irovided, That if any person shall knowingly and falsely take and subscribe any oath in this act prescribed, such person so offending, and being thereof duly convicted, shall be sub ject to the pains, penalties, and disabilities which by law are provided tor the punish ment of the crihie of wilful 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 appropriated. Sec. 8. That the convention for each State shall prescribe the fees, salary, and compen sation to be paid to all delegates and other officers and agents herein authorized or neces sary to carry into effect the puqoses 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 " sec tion." 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. Pool, Esq., of Pasquotank appointed for one part, and Col. E. W. 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 John T. Deweese, Esq., of Wake. For the 5th district Thomas B. Keogh, Esq., of Guilford. For the Qth district R. F. Broadfleld, Esq., of Rowan. For the 7th district Clinton B. Cilley, Esq., of Caldwell, for the Eastern half, and R. II. Cannon, Esq., of Jackson, for the Western half. JAMES W. ALBRIGHT, West Market Street, Greensboro, N. C, Having fitted up a splendid Job PRINTING OFFICE, . Offers his services to the public. June 14, 1867. 24-3m. GENERAL ORDERS. THE CAROLIN AS OBDEB FBOM GEN. SICKLES FOB THE RELIEF OF DESTITUTE IMMEDIATE COLLECTION OF CER TAIN DEBTS PROHIBITED. IIdqr's Second Military District, Charleston, S. C, April 11, 1807. General Order, No. 10. The general des titution prevailing among the population of this military district cannot be relieved without afford Log means for the development of their industrial resources. Ine 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 produce failed last year, i i i j i . e i l . " many lauuiies nave ogpii uepriveu ox saeiter, uuuiy more need food and clothing, useful implements and auxiliaries of husbandry are very scarce ; the laboringr population , in aumeroua localities are threatened 'with starvation unless- applied with food by the Government of the Unitad 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 jieople 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 raf tering must be heeded. Moved by these consider ations, the following regulations are announced and they will continue in force with snch modifi cation as the occarion may require until the civil government of the respective States shall be es tablished in accordance with the requirements of the Government of the United States. The com manding General earnestly desires and confidently Wlieves that the observanae of these regulations and the co-operation of all persons concerned in employing fairlv and justlv 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. First : 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 he adopted. becxmeL 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 anv such causes of action. 1 fur a. bneruta, coroners and constables are hereby directed to suspend for twelve calendar months the sale of ah property upon execvtion of process on liabilities contracted prior to the 19th ef December, 1 800, unless uion the written con sent of the defendants, except in cases where the plaintiff, or m his absence his agent or attorney, shall npon oath, with corroborative testimony, al lege or prove that the defendant is moving or in tends fraudulently to remove his propertv qevond the territorial jurisdiction of the Court. The sale of real mr personal propertv by foreclosure of mortgage is likewise suspended for twelve calan- dar months, except in cases where the payment of interest monev accruing since the 15th dav of Mav, 1865, sliall not have been made lefore the dav of sale. Fourth. Judgments r decrees entered or en rolled on causes of action arising subsequent to the 15th of May, 1865, may be indorsed by execu tion against the property of the defendant, and in the application of the meney arising under such executions, regard snail be had to the priority of hens, unless m cases where the good faith of any lien shah I drawn in question. In such cases the usual mode of proceeding adopted in North and South Carolina respectively to determine that question shail be adopted. FifVt,. All proceedings for the recovery of mon ev under contracts, whether under seal or bv pa role, the consideration for which was the purchase of negroes, are suspended. Judgments or decrees eutered or enrolled for such causes of action shall not be enforced. Sixth. All advances of monevs, subsistence, im plements, and fertilizers, leaned, used, employed, or required tor the purpose oi aiding the agncul 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 snch wages shall be enforced by the like remedies provided to secure advances of money and other means for the cultivation of the soli. Seventh. In all sales of property 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- i i . ; i . r i 1 1 1 parei, suDSlstence, implements oi iraue,uusuauury or other employment of the value of $500. The homestead exemption shall inure only to the ben- fit of 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 officer enforcing the execution, who shall specifically describe the same, and make a reix)rt thereof m each case to the Court. Eiqhtli. lhe currency ot the United states de clared by the Congress of the United States to ha 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 bo tendered in payment and refused by any pubhe officer will be at once reported to tnese headquarters or to th commanding officer of the post within wmich such officer resides. JXnth. Jrropertv ot an absent debtor or ome 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 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 authorized to he enforced. Tenth. In suits brought to recover debts known as actions ex contractu ball, as heretofore author ized, shall not be demanded by the smitor nor ta ken by the sheriff or other officer serving the pro cess ; in suits JEor trespass, libel, wrongful conver sion of property, and other cases, known as ac tions exdedeto bail, as heretofore authorized', may be demanded and taken. The prohibition of bail In eases ex contractu shall not extend to persons al)Out to leave the State, but the fact of intention must be clearly established by proof. Eleventh. In criming 1 proceedings the usual recognizances shall be required and taken by the proper civil officers heretofore authorized by law to take the same, provided that npon 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 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 snch recognisance. TrfHflh. The practice of carrying deadly weap ons, except by officers and soldiers in the military service of the United States, is prohibited. The concealment of such weapons on the person will foe deemed an aggravation of the offense. A vio lation of this order will reader the offender amed- able to trial and punishment by military commis sion. Whenever wounding or killing shall result from the use 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. Iturteenth. lhe order heretofore issued in this military department prohibiting the 'punishment of crimes and offenses by whipping, manning, branding, stocks, pillory, or other corporal pun ishment is in force and will be obeyed by all per sons. 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 6tolen 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 lie punished by imprisonment at hard labor for a term not exceeding ten years nor less thin two years, in the discretion of the court hav ing jurisdiction 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. Phe 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. Sixteenth. Nothing in 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 no imprisonment for ove) due taxes shall be allowed, nor shall this order oi 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 this General Order is here by suspended and declared inoperative. Bv command jpf Major-Gen. D. E. Sickles, J. W. CLOUS. Capt 38th U. S. Infantry, A. D. C. and A. A. A. G. Head'qrs. Second Military District, Charleston, S. C. May 20th. 1867. General Orders Ko. 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 defiance of the revenue laws of the United States; it is represent ed that few or none of the requirements of law are. observed m any of these establishments ; that the officers of the internal revenue service while endeavoring to assess and collect the whiskey tax are 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 Urge amount of revenue ; that the authority of its civil officers is brought into contempt : furthermore. that the miichief 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. Any 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 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: 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 ot the revenue laws will be imposed by the military tribunals herehv 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. AH troops of the United btates, Magistrates, Sheriff s, Constables, Police and others in authority are required, and all citizans are solicited, to be vigilant of these orders. Commanding officers will be held responsible for then: enforcement. By Cammand ot Maj Uen. D. K. biCKXES j. W. CLOUS, Capt. 38th Infantry, Official: A. D. C. & A. A. A. G. Alexander Moore. Capt. 38th Infantry , 9 Aid-de-Camp. Another Important Order- ITd Q'es, 2d Militaby District, Charleston, S. C, June 3d, 18G7. General Orders, No. 34 I. Sheriffs, chiefs of police, city marshals, chiefs 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 letter, report to Bvt. Col. Edward W. Hinks, U. S. army, provost marshal general of the second military district, Charles ton, 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 of 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. IL Whenever any homicide, rape, mayhem, felonious assault, burglary, arson, robbery or lar ceny where the property stolen is of the value of twenty-five dollaxs and more shall be committed within anv city or town in this military district, the chief officer of police of sach 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 serrice 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 comities or districts, ana not within the limits of any city or town, in like 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 charcre to the nrovost marshal general. IJonsoudated monthly reports oi the anove enu- merated crimes will also be made by the respec tive officers and for the localities above designated to the provost marshal general. Blanks will be furnished by him npon application. The first re port to include the period from January 1st to May 31st, 1867. HI. 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, jail or other prison, shalLat once make report of the facts to the provost mar shal general, setting forth in snch 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 wille made by all officers from whose custody prisoners'" may escape wliile being 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. 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 generid 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 sjionsible for the condition and care of such jails, prisons and workhouses. V. All civil officers having charge of any jail, prison or workhouse, in jthis military district, shall, on the last day of each month, make a report to the provost marshal general npon blanks to be by him prescribed and furnished upon application, of all persons who have been confinedin snch jail, prison or workhouse, during the month, setting forth the name of the prisoner, his description, residence, age, when committed, fir 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 an thorityjif transferred, to what place, and by 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, poliee 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 npon conviction, to removal from office and pun ishment by fine and imprisonment. VII. Duplicates ofthe reiiort required, bv the provisions of paragraph II, III and V of tills 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 III. Ihe performance of the duties enioined by this order will not be construed to relieve civil officers from the discharge of anv of the duties now required of them by laws of the local provis lonai governments. A ad any civil officer whe shall refuse or neglect to perform promptly the duties herein required of him, or who shall make any false return or report of the matters herein presented, shall be dismissed from his office, am'. be subject to trial by mi htflry commission for mis demeanor. IX. Sheriffs, constables and other officeis. whose official emoluments are confined to costs and fees, shall le 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 police or marshal of the city or town; or, it the crime or disorder shall be committed without the limits of any city or town, to a mag istrate or the sheriff of die 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. liy 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 and 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 snail not exceed tne penal sum of one hundred dollars. One os 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 istrates and Police officers, are required to be visrilant and efficient in maintaining 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 aid, whenever the ordinary means at their disposal shall not be sufficient to execute their orders, such of 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 the1 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 r , j -' 6. No license for the sale of intoxicating liquors in quantities less than one gallon or to be drank on the premises shall be grant- ed to any rson other than an Inn-keeper, The number of such licenses shall be deter mined, and Jthe fees to be charged for each license shall ?be prescribed and collected, by the municipal or town authorities and ap propriated cxclusivelj for the benefit of the poor. If any person shall be 'found drunk on the premises where liruor is Sold, the li cense may be revoked - any magistrate. The tax imposed by the . Internal Revenue " laws of the United States is an additional charge and does not excuse the person from the observance of local - regulations, nor e'"r i enipt him from the payment of uch' other license fees as may be imposed bf 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 agaiiiBt public policy, and no civ il action, suit or prodinga'forlheenfprce riient of any such contract shall be enter Jained in any court; 7; , " 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- icns inerein snau pe recognized ana respect ed. The violatioii'of this reoTilation wll K deemed a misdemeanor and render the offen der liable to arrest and .trial by a Military tribunal to be designated by the - command ing Genera, besides snch damages AB the in jured party may sue for and recover in the civil Courts. . v- 9. The remedy by distress for rent is aliol ished, where lands are leased, or let out for hire or rent. Cotton com or other produce of the sale, when severed, from the land,-may be impounded, but the same shall not be re moved. And the cotton, core or-other, pro duce so impounded Bhall be held as security for the rent or hire, ' so claimed and may be sold in satisfaction of any judgment for lha same, Provided, that, any unsuccessful claim for labor bestowed upon the cultivation of such cotton, corn, or other produce; shall ia' no case, be postponed; to any, demand for rent or hire. . But to ' the extent of - such claim for labor there shall be lien- on such1 cotton, corn or other produce, having prefer ence over any claim for rent or hire. By command of ' ' ' , ' ' MAJ. . GEN. fiI0LEL . . J. W Pt-tth a a . a - n. ' , . g06KS, STATIONERY. Ac THE NOBTH CAROLINA OOMPAKY PUBLISHING have on hand assortment of and for sale a large and varied H m r H BOO k. a . i LAW Si EQUITY, ' MEDICAL, MUSICAL, , RELIGIOUS, STANDARD, "3 SABnAlha SCHOOL, MISCELLANEOUS BOOKS. AXSO, . PHOTOGRAPH ALBUMS, STATIONERY, &c. Together with other articles common to a Book btore, all pf which will be sold very low, for the cash. This Company is also prepared to execute with neatness and dispatch, orders for printing BOOKS, -,,.) CARDS, ' . CIRCULARS, CATALOGUES, - HAND BILLS, &c : Call at No 1, Favetreville street, or ,,f Address W. II. CUNINGGLM, jul 6-3m ; ' "Agent THE YABBBOUGH HOUSE. Fayetteville Street' RALEIG JI, N. C., ' . I Have the pleasure of announcing to my friends and the travelling public, that I have leased the ; VAKBROUOII HOUSE, for a term of years. The house will be Repainted and Furnished with new and elegant furniture at once. ! :" I return sincere thanks Jo my patrons for their very kind and liberal patronage, received while in charge of tho EXCHANGE HOTEL in this city. I promise that the Yarbrough House shall have no superior in the South. , J. M. BLAIR, i Htf STEYENS HOUSE, 21, 23 24 & 27 Broadway, New: York. i Opposite BowUng Green, ' I On tlic European Plan. THE STEVENS HOUSE, is well and widely known j 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. s THE 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 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 rooms having been refurnished and re modeled, we are enabled to offer extra facilities for the comfort and pleasure of our Guests. GEO. K. CHASE & CO.. 23-tf Proprietors, Company Shops Hotel, Tins hotel, ' ' ,rv, HAVING BEEN RECENTLY renovated, is mow open for the reception of tegn lar boarders and transient custom. I am prepared to furnish meals to persons dtravelline up or down the Central Koad, on the arrival of regular trams. - - - TTt , . MRS. S. A. HIGH, . 5tf j Proprietress. JABBELL'8 HOTEL, HIGH POINT, W. U., J A RXEL L, t r nnf ietof. r The traveling public may rest assured of finding omfm-tahlA accommodations at ' this house., . 7- miHA IS
The Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 19, 1867, edition 1
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