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THE ___WEEIiL1YNE_. by Gallor4Pe pprt es Cool WINNSBORO, S. C., TUESDAY MORNING, JUNE 5, 1866. [VOL. II N. 54. THI TIRUKLY NERS Cotton Tax. WA?nIidaux, D. 0., May 24, 1866. Sli A~ Ezors of Ae National Intcli. y'eneet : 6P.TLEi40. With my thanks for the interet you have ft all times mani 1hated on the;,question of taxation and representAtion, respectfully ask room in .ygur colns for these brief quotations, ;selected from numbers 9f similar import. A reliAb iu nd intelligent officer of of our leading tailroads in the South .iobnjoY unusuil facilities for gaining :irimation from its very source, says: The proposed five cents per pound x on cotton gives great idissftis faction and disebtragement to its producers. Every man I have seen who is raising cotton says lie goes in from this.tin)e out for raising everything bui cottot). It will more seriously affect the Northwest thia 'the Sotih. On the the sane subject the internal revenue tax. assossor: at 'Memphis says: . A tax of five cents per pound on cot ton will 4reak putp!y a good man whom I know. anl whoi mvested his money in good faith that the Government Would protect hit interest-nden from the North as well as thb South. Thile same writer,: on the pbjqect of goneml taxation, a:yy : The amounts rendered on income for the year 1865 ar* coming in, and are fa r Uetter than. I. h d supposed they would Ie. Therois one thing that can be said of 'the people of ybur di-Arict, and that il, they pay as prontptly and cause tho,ofReer les,trouible tin ary othIpr 4istrict in the country; the onlymis, fortune is, they p,y any tax the officers say they ought to pay, without. examin ing thd la* ind bikving an opinion of their own. They ;ire decidedly careless people. We are having ,everal who are giving incomes above $30,000, net, which Is 6ood. The increased tax on li iiset 'fOo, 1I going to run up large. Ohr 6lletiona here, for the fieal year Pidini 3O,th u4, i bq in. the ne'igh. bdHihfdfVV4't Ln '0mitrhou dollars, and you ought to use the arga. Ieit that a pOople who pay in to the general treasury that amount ought not to' be dehied'a voice in adjusting the rate of tax.. If you will take the trou 4le to consult the records of the offie of the Interqal Reyenue Bureau at Washington, you will find that the re venue district of Memphis has caused themt less trouble- in the line of claims for drawbacks and refunding. than any district of equal importauce in the Un ion. I will not deny that to me, at least, tilsMtenct, is a source of cominenda ble pide. y constituonts, as well as other conilhunities in the Southern States, in stead 6f moping about and complaining oftheir losses, or crazing their brain to devise plans to swindle tim Government out of its dues, are at woric to repair their ruined fortutn-s. To my numerous letters advising them that thoesure way to support the policy of tle President, and. thu. establish their loyalty, is to make, a big crop, the have ivariably responded favor ci. r Unjust and impolitic as would be the imposition,. ,iom Aleir consent, of this oppressive tax of five cents per pound on their e6ttod, if. i is exacted thef will pay it like: men who felt able to ,work y hI4ts t,ii n1ergies to .corn, oats, ti ey age ,)y.nuyt h gh prces fromi tipo Northern gtates, t.he culture and pro 4gon of whieI ip thejr mild che)pate, 1aI4 .frem ;hueur rich agil, is bnij child's play. of holiday work, as on) pred with egttq lan'ti nbbt1driouis and 4nroleotafarm Wrk. 'td #frh (egQ t(ilelicy will diths ~ si Al io .de of mahamfac te lows, wagns, &c., now pur .4to a fabnlous int&rest 'at St. Louis de~innati; anad next they will ntaturally say e i ~ ~yo do the ony" o or~ctu eion of the of thi veg us by nature, nd minur te eb peotfiar production of,?ur soil? Shhstory( of r pjst'fojelyrs tells whether tIds ple h1ag'the "energ'y and in:rner fa muii0lish this idehdt;: and| death of "the goose that laid the golden egg." I only intended giving you the quota tions, but have been unavoidably led into these thonghts, (gr which please ex cuse ime. Yonrs truly, JOHN W. LFTwiCH, Memphis, Tenn. General Wintield Scott, And Mathuselah lived nine hundred and sixty-nine years, and he died. This is the expressive record of Holy Writ. The oldest man that ever lived died at last. The distinguished name at the head of this article had long since pass ed into history, and yet at the same time still lingered in the land of the living, an we naturally began to think that the old General wotld always occu py his place in our midst. But ho, too, is gone. Eighty veams of honor and distinction was no safrguard against deah. Gen. Winfield Scott was born Jant ary 12, 1786, in Petersbu;rg,. Va., and received hIk preprnratory education in Richmond Iligh School and William and Mary College. He was admitted to the bar in Richmond, and soon after visited Charlest.on, S. C., with the in tention of settling there, and practicing his profession. which., plan, however, lie sibseqiwntly abandoned. From his earliest boyhood lie showed a pri-dilection for a military career, and fortune Foon interposed to aqist him. The attack of the British frigate Leo pard on the Unitel States frigate Clesa. peake aroused the indignat.ion of the country, and a large fource of volun teers wai called out. Scott hasteno to enroll himself in the Petersbirg Troop. of lirse as a private. His soldierly person and eviOnt taate for arms at tracted the attention of influential friends,.a nd ho was commissioned cap tain of ligh t artillery May 3, 1808. Ie was made Iieutenant-Coldnel in the war of 1812, and ordered to the Ni agara frontier. Before the end of the year lie was elevated to the command of a double.regiment, ani in March, 1844, he was promoted to the rank of Briga dier-encr,l. . The Battle of Chippewa was the first of a long series or victo ties associated with his name. After the declaration of peace, Gen ral Scott was offered lie post, of Secre tar) of War, by \fr. Madison, which, however, lie declined, and proceeled to Europe, in 1815, on a secret mission of the Government. On his return to the United Stat.es he was assigned in com mand of the seaboard, and fixed his headquarters in Now York city. Here he remained till the breaking out of the Black Hawk war in 1832. At the close of a briufcampaign of a few months, he returned to New York, and in October visited Charleston on a highly important and delicate mission. In 1835 his headquartera were trans ferrod to Florida. In 1837 was sent to to the Northern frontier, on the occa sion of the insurroction in Canada. In 1841 lie was made a full Major-General, and appointed Commander in-Chief of the whole United States armv ; and on the 30th of November, 1846, sailed from New York for the Rio Grande, to direct the approachiug campaign in Mexico. His brilliant victories during the two years of the Mexican war are too fami iar to all our readers to warrant any further allusion to them in a brief bio graphical sketch. He was nominated for the Presidency at the Basltimore Wihg Convention in 1852. He was honored by Congress with the rank of L1ieutenant-Generail, whioh grade was revived in his pesn as a compliment to his uilstinguishied services to the nation. He was retired from the immediate command of' the army, at his own request, November)1, 1861. Since then lie has been living in dignified retirement at West Point, where hie died on the morning of' the 28th May.-C'harleston News. ITar,saw Paovsuus.-God sees, and-OodI provides. Wherever there are tears to bo dried up, youa will be sure to meet, a woman. Bp oth1e~ing but truth; o. thae.livipg,sud trutbo thes desfI. There is miore lory la ivinylg, than pe. ie in reveon .. ersl1eei eto .hand on .jqur wirr dul ao na~ for you oan ,aevr tea, thi.h A 'philosQpher, on .beinugsaake Jrm whom.ho received the first lesson of wisdom, replied, "F9rom the blinde who never take ia step tintil they hiav* felt tha grnwrul'hanora'thmt" - Governor Drown's Argument--conelet(I (Yov. Drown also protuced the decision of Judge Trigg, United States Distriot Judgt for Tennessee, and Judge Busteed, holdin the saino position In Alabama, and rea parts of both deci8lons. The 0ourt in each ease held th law ex post facto and void, These decisiqns,, lie Iid, were precisely in point (leciding thenl Iniiestion now before the Court. He.then proteoded. I beg the pardon of the Court for having taken up so much time reading authorities, but as they are in point, and are the opinions of able Judges, and as the question is an important one, I have relied upon the in dulgonae of the. Codrt.- These authorities establish the points X- have taken against this law, to my mind beyond all question: 1. That the attorney Is an officer of Court; that he has a property in that offie; and that it is far life er good behavior. 2. That this not of Congress, violates the social compact, Mayna Charmi, and the Con stitittion Of the United States, by depriving him of that property without due proceso of law, in this, that lie Is in effect convicted, and his property forfeited without present. ment or indictment of a grandjury ; that. he is denied a trial by jury,* that he is denied tihe right to be confroute.I with the witness es against him ; that he is denied compulso ry process for obtaining witnesses in his favor ; that ho is deniTr the assistance of counsel for his defence: and that he is com pelled to be a witness ngainst himself in a criminal case, or that, his silence is constru ed as conclusive evideneu of guilt. 8. That the aot is ithe nature of a bill of attainder, and il an 'usurpation by the Legislative Department/ of the Government of the functioqs 'assignid by the Coustitu. lion to the Judioia;. ;Department, being a sentence of forfelpre, ronounced by Con gress, which, be jg 4L)udioial and not a legislative act, cAn' o hy be done by the Judiciary after ttlal aitd convietion. 4. That the law is uot and was not in tended to be a law prepcriblng qualifications for office, but a pun law forfeiting his property for the com*i oh of an net, which tq tihe time of its *oidi,sslon had no such penalty annexed-by lawr and that the act or offence is punished by. ibis law in a manner different from 14at, prp.'hfIbo4 by law at the time of its comniissi; and that the law is for this reasoheipo' 'to and void. But suppose .thi dioitine ' to have been fully established 'th 1ongreas - has power to forfeit the prorap'hs which an attorney has in him oiAte,.v havipg borne arms against the GJoverqam4t, or countenanced those who did; -andittlit it may use test oaths for the ptioswotaeitaining who' is and who is not gtaI1to bomhpelling each to suffer the pohoAty of gvt ift he refuses to answqr-riatqo K *wIng contrary to all riE Entn suuit Uon a -... enco of guilt from a refusal to answer; and pronouncing and executing judgment ac cordingly. low does the case then stand? The office of the attorney would be forfeited, so soon as the court inet and tendered the oath, and he refused to take it. But cer tainly not till then. Wiiy not? Becanss Congress makes the refusal to take the oath as conclusive evidence of guilt; or rather it forfeits lia estate because lie is guilty ; and makes tihe refusal to take the oath aland in the place of trial by jury, and a judgment of guilty' rendered by the sourt. Just as if the Legislature of Georgia should pass an act (no matter how absurb) that when a man is found deal in any county, every man, woman and child in the county, who Vefuscs to swear that, lie or she was not a party to his death, shall be taken by the sheriff and hanged, and allhis or her pro perty shall be contiscated. But now suppose before the oath is ten dored to any, or any one is exesued, the pardoning power should grant a full and free pardon to every person In the country, coul the sheriff after the pardon, with knowledge of its existence, proceed to hang overy one, or to seize the property of any one as forfeited ? All must, admit that he could not. The pardon having bee grant ed before judgment or execution, it teaves the accused In precisely the same contition in which they stood before the charge was made against them; not only with the right. to life and liberty, but to the peaceable en joyment, of all their property. Now the truth is, that most of the attor neys of this Court have received, either under the General Amnesty Proclamation of the President, or upon special application, full parden from the Precsident of the Unit,ed States, 'before any Court has been held in the State, or the test. oath has been tender, ed to, or ref\used to be taken byv any one. AdmIt, then, that the refusal to take the testoathi st,ands In place of a convict.ion of guilt, and It, can hasve no application to any one pardoned before trial or conviolton. It, certainly follows-, then, that the property of ?n attorney in his oillee wrhieh was not, forfeited prior to his pardon, eannot now be forfeited for the offence for which, he was :Derdonqd. Iaq support of this- position I quotie the following authorities : It seems agreed that a pardon of tsason Or felony even after an atainder, so far eltars the party ft'em the infatny, and all other conseqyenoes thereof,- that be may have sa petio agalas say sOne who a4ter werds eo s5;,aa 4rsitor or feles ;, for the prdomg nalis it, as It were, a new man-'J aoud's Abr. 418. The court wll pleese note'the linguage, i,bat-the jpardon, .evean aftte atistad,r, elsara the part,y frem~ the infamy,..and al other conseque9oces. theroef. A mug9h strong e'r case than the one now at Bar,. unls thi act of Congfess Imposing the test eath ii hield by the oourt, d 'be a, bill of attinder and if ao1.it Is uneonstletfoAal ad void pardon granted before convIctIon or attain dor must necessarily leave the party in the precipo, legal status which he occupied prior to the commission of the offenso. It ias formerly doubled whether the pardon could do nire than take away the punishment lea,%ing the crime and its disabl. ing colisequences unrendoved. But, it is now settled.that a par4don, whether by the King or by act of parliament, removes not only the punishment, but. all the legal disa bilities consequent on the crime. 9 Bacon abr, 415; 2 lbussell on crimes, 975; llob, 681 ; 2 Hal's P C, 272,2 Sale, 690; 1 Lord Raym, 89; 4 State Trials, 681 : Cas. Tenp Bolt, 088; 5 State Trials, 171 ; Fitzg. 167. The effect of such pardon by the King is to make the offender a new man, to acquit him of all corporeal penalties, and forfeit ures annexed to that offenco for whinh ho obtains his pardon. 4 ilackstones Com. 402. 1 might add other authoritifs, but deem it unnecessary. Those already quoted estab lih the position beyond controversy, that the effect of the pardon is to acquit the of. fender of all penaltIes and forfeitures an nexed to the offence. It follows conclusive ly that the attorney or applicant for admis., sion to the bat who has received a pardon, before indictment or conviction, stands be fore this Court in precisely the condition in which he would have stood ; and with alt. the rights which he would have had, if lie had never committed the oftce. To hold that Congress can change this, is to hold that Congress has power to destroy the pardoning power vested by the Constitution in the President. of the United States alone. I trust I might safely rest this case here, hut before I take my seat I desire to make a few remarks on the law of nations as to the relative rights and dutied of those who were lately at war with each other. In doing so I shall carefully avoid any expression intended to reflect upon any one in position, or any reference to present party divisions, Suffice it to say that after four long and dreary years of bloody conflict, Gen. Lee surrendered his army, and tendered his sword to Gen. Grant. The latter with a magnanimity that if he had done no other great. deed, must have immortalize his name in history; apprecia. ting Wie ability, the merit and the motives of his great antagonist, returned it to him as reported, with the kindest expressions, saying : you are not conqmuered, but over powered by superior numbers aid resources. And in this connection, excuse ine for say. ing lit this place, that the Southern people owe a debt of gratitude to General Grant for the firmness with which he lia; stood by the terms of the capitulation; the liberality which tins characterized his whole conduct since that. timne; aral the many acts of kind. ness which he has performed for Soithern men in adversity and distress. All these -L-%vdti flp"dfatilre. S8p fter tbs sru-nder", loel Oi"aUou?M a victim under the hand of the black-hearted, bloody assassin, and the present excellent Chief Magistrate was called to the position at a most critical and trying period in our history. As a Southern nan who had stood by the Government oturing the struggle, lie had been bitterly denounced by the whole Southern people. Without knowledge of the lofthiess of lia soul, the expansiventess and Intensity of his patriotism, and the purity of his. motives, they shook with anxiety and fear when lie grasped the heliht of power while they lay prostrate at his feet. Had there been vindiotiveness or revenge in lia nature, or had his mind been cast in a smaller mould, the country would still have been drenched in blood after the thunders of battle had been huslied-the South would have been utterly ruined, the prosperity of the whole country destroyed, ond re-union with fraternal feelings would have been an impossibility for geteritions to come. I'ut rising above all personal and selfish consideration. atnd looking alone to the good of the whole country, lie issued hia Proclamation extendhig universal amnesty, with limited exceptions to the whole people of the South, by which he pledged the faith of the Government, (for he as Commander iw.Chief war its representatil e,) that on the aceeptaner of the terms proposed by him, and on toking the oath of allegiance, the people of~te foutli shoild be restored to all their righte in the- Lnion under the Cousti tutloir. The people en masse, Attorneys at ',aw inoind'e, Judge Law among the rest, accepted the terms, vad ma-uy who were not embraced in the general amnesty, on spe cial appcation received pardon. I ere then are found the terms of the capitulation to whicht thc several States in the aggregate capaclty, as well as the people individually, have faithfully conformed. They have even changed their State Constitutions, submit. ted te a revolution in their whole social and labor system, and given up hundreds of millions of dolare In their slaves, to mnake the compliance oa their part, full and som.. plete. Ina conclusion, I have only to add that I have satisfied my own mind, and I trust the mind of the-Court, thet the statute requir Jag the test oath is in violation of the Con sitution of the- United States, and is for that reasom void. And that the Divine law anud the laws of nation, agree, that when war Is at, an end, and peace is proclaimned or amnesty an4 pardlon granted to the van ognhed an to the applicant in- this cane, all the pat qsuet, be burled in oblivion, ad no one ahuould be called to account for what was done ledoring it. ' contiauance." 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