The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-05-06
or Terms OF Onice.

- n ExptrepAoA OF Terms OF Ohice.
lM Gen. Candy has replied as follows
i$o q communication from Gov. Orr,
relative to the time at which he is to
vacate his office:
HEApo'Rs 2D MILITARY D1srR1cr,
CHARLESTON. May J., 1868,
HIS E1cellency James l.. Orr, Gorer-
nor Of Soath Carolina. Hf - A'sF,
SIR have the honor to aoknow-
ledge the reeeipt of your communi-
(, cation Of the 9th nl,imo, making
| the inquiry as to the time When "the
duties OF the provisional officers OF
the Executive Department. of the
present State Government Will ternni-
nate, and dfwhen the officers elected
under the new Constitution will
qualify and enter upon their duties;'
and to state, in reply, that the fifth
section of the law Of March 2, 1867.
.'to provide for the more efficient
| government of the rebel States, "
directs chat when. the Constitution
shall have been ratified by the people
Of the State, and ''shall have been
submitted to Congress for examine
tion and approval, and Congress shall
have approved the same; and when
said State, by vote Of its Legisla-
ture elected under the new Constitu-
ton, shall have adopted the amend
ment to the Constitution of the
United States proposed by the thirty
ninth Congress and known as article
fourteen; and when said article shall
have become part of the Constitu-
ton OF the United States, said State
shall be declared to be entitled to
representation in Congress, and Sc.
majors aud Representatives shall be
admitted therefrom, upon tcking the
oath prescribed by law" ~
The sixth section of the same law
enacts, ''that untilthe people of said
rebel States shall be by law admitted
to representation in the Congress of
the United States, any civil govern
ment which may exist therein shall
be provisional only, and in all re-
spects subject to the paramount au.
thority of the United States at any
time to abolish, modify, control or
supersede the same; and in all eiec-
tions to any Office under such provi-
sionnl governments, all persons shall
be entitled to vote, and none others,
who are entitled to vote under the
fifth section of this Act; and no per-
son shall be eligible to any office
under any such provisional govern
ments who would be disqualified
from holding Office under the provi-
sions Of the third article of said con-
stitutional amendment"
It will be seen that the Govern
ment organized under the new Con-
stitution remains provisional not only
until Congress shall have approved
that Constitution, but until the Lee
gislature shall have adopted the
amendment to the Constitution of
the United States known as article
fourteen, and that article shall have
become part Of the Constitution of
the United States. and the State shall
by law be admitted to representation
in Congress.
1t is very desirable that the organi-
cation of the new Government should
take place as soon as practicable after
the approval of the Constitution by
Congress, that the retirement of the
old and the installation of the new
executive officers should take place at
the same time, and in formal and
regular manner. It is presumed that
Congress will act speedily upon the
question of approving the Constitu-
tion that has been submitted, and
that it will fix the date when the exc
cutive officers elected under it shall
enter upon their duties.
If this should not be done, the
duty of fixing the date will devolve
upon the District Commander; and I
propose, in the order announcing the
results of the election, to designate
the tenth day after the approval of
the Constitution by Congress. as the
day on which the duties of the pro-
visional officers of the Executive De-
partment Of the present State Go
vernment will terminate, and when
the corresponding officers elected
under the new Constitution will enter
upon their duties. Very respectfully,
your obedient servant,
EDWARD CANDY,
Brevet Maj. Gen. Commanding.
->-h
Important Military Order.
The following important order, No.