The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-10-31

L. ffheneveg, IN the Judgment OF
| the Governor, it may be necessary to
| use fhe military force hereby directed
to be employed and called forth, the
Governor shall forthwith, by procle-
| nation, command such insurgents to
disperse and retire peaceably to their
respective abodes within a limited
time.
III. The militia. called into the
service OF the State shall be subject
to the same rules and articles of war
as troops of the United States, and
be continued in the service of the
State until discharged by proclama-
tion by the Governor: Provided, That
such continuance in service shall not
extend beyond sixty days after the
commencement of the next regular
session of the General Assembly,
unless the General Assembly sh Ill
expressly provide therefor: Provided
further, That the militia so called
into the service of the State shall,
during their time of service, be en-
titled to the same pay, rations and
allowances for clothing as are or may
be established by law for the army of
Tue OnlCeQ OtaCeS.
". Every officer, non-commis-
stoned officer or private of the militia
who shall fail to obey the orders of
the Governor of the Stste in any of
the cases before recited, shall forfeit
sum not exceeding one years pay
and not less than one months pay, to
| be determined by q court-martial;
and such officer shall be liable to be
cashiered by sentence of court-mar-
tial, and be incapacita!ed from hold
ing commission in the militia for O
term not exceeding twelve months,
at the discretion of the court; and
such non-commissioned officer and
private shall be liable to imprison-
ment by like sentence on failure of
the payment of the fines adjudged
against them for one calendar month
for every twenty-five dollars of such
fine.
V. The Governor of the State,
when in his Judgment the public
safety may require it, be. and he is
hereby, authorized to take possession
of any or all of the telegraph lines
in the State, their Offices and appur-
tenances; to take possession of any
or all railroad lines in the State, their
rolling stock, their offices, shops,
buildings, and oil their appendages
and appurtenances; to prescribe
rules and regulations for the holding,
using and maintaining of the afore-
said telegraph and railroad lines, in
the manner most conducive to the
interest and safety Of the Govern
ment; to place under military control
all the officers, agents and employees
belonging to the telegraph and rail
road lines thus taken possession of,
so that they shall be considered
part OF the military establishment of
the State, subject to all the restric-
tions imposed by the rules and arti-
cles of war.
vi. The Governor is authorized to
employ as many persons as he may
deem necessary and proper for the
suppression of such insurrection, re-
bellion or resistance to the laws; and
for this purpose he may organize and
use them in such manner as he may
judge best for the public welfare.
VII. If, during any insurrection,
| iOoOhioH, VI ullJ uuldWlul ODSUruC-
ton of the laws as set forth in the
first Section of this Act, the Govern
or of the State, in his Judgment, shall
deem the public safety requires it, he
is authorized to suspend the privilege
OF the writ of hdbeaS corpus in any
case throughout the State or any part
thereof; and whenever the said pri-
vilege shall be suspended as aforesaid,
no military or other officer shall be
compelled, in answer to any writ OF
habeas corpus, to return the body of
any person or persons detained by
him by authority of the Governor;
but upon the certificate, under oath,
of the officer having charge of any
one 80 detained, that such person is
detained by him as prisoner under
authority of the Governor, further
proceeding under the writ of habeas
corpus shall be suspended by the
Judge or Court having issued the said
writ, SO long as said suspension by
, the Governor shall remain in force
and said rebellion continue.
VIII. All Acts and parts of Acts
, inconsistent with this Act, or sup
} piled by it, are hereby repealed
In the Senate House, the twenty
second day of September. in the