University of South Carolina Libraries
WA (VJxVvXm VOL. I....NO. 7a. CHARLESTON, S. O., SATURDAY, NOVEMBER 4, 1861 PRICE ErVTT! nvhrr THE STATE LEGISLATURE.. [moil oon BPEcrAL CGBBMroKDEST.] Columiiia, November 2.?The lime of the Senate, to day, was Hpf nt iu a loug debate on the report of tho Conmittce with regard to tlM Governor-? veto, lu which mont or the member* took part, either yesterday or to day. Tin; subject, however, is uow set at mt by n vote having buen tuken, hu staining ?W report. That renpeot ablc body of grave and reverend Seignors can uow nit iu quiet dignity and wait f >r work to be sent to then? from tho Hotlfle. Fr"iu present appearances, they will not enjoy their comfortable easevery long, for very noon work enough wil! lie sent to them to natiefy the mo."t iudustrious member of that body. A motion was made to-day in the House to elect an As sociate Justice of tho Court of Appeal?; but aa Chancel lor Duhki?; has uot yci accepted the position to which he has been elected, no vacancy exists, and the motion was consequently lo.it. Tho resolution with regard to the election of a Chnn cellor was laid ou the. table. Mr. Campbell wished to kuow If nuy provision had been made for payment of Judges in esse, before consid ering the matter of Judge* in ?>osse. A bill to amund the charter of the Elmorc Insurance Company was sent by the Sonate to tho House, and read for tho tiret timo. A message was received from the Souatc, stating reno lutlons passed yesterday against adjournment. An unusual petition iu this State was presento?! to. iluv, A m.)ii by the namo of Kruse, who Geu. MeGowiui says was his Secretary during the war, and who, the tiener.il save, Is a kind, pure-hearted Ucrmnu, petitions tho Legislature to grunt him a divorce from his wife. If one-half of the statements mado iu the petition uro true, tho man 1b richly entitled to what he asks. Tho woman was uot only unfaithful, but boasted openly of her iufidelity, using language grosser even in ?bought, than in words. The matter has beeu referred to b Com mittee. A bill to perfect testimony with regard to lost records was rood fur the first time, Mr. Keitt offered resolutions to refer to Military Com mittee ou expediency of reorganizing militia and tPt.il> lishing'u police in oach District, subject to tho District Judge. Clov. Bonham ottered resolutions to inquire into expe diency of covering the new State House with u roof mid living the interior for a place of meeting of the two Houses of the Legislature. Pursuant to notice, Mr. Cofcer introduced n bill to create the office of General Superintendent of Free ?Schools, to be elected bj tho Legislature. A bill to amend the charter of the Coikoun Insurance Company was read for tho first time. 1'ursuant to notice. Mr. Moore Introduced a bill lo re strain coufcMio&S of judgments and auenuettte in favor of preferred creditors. A resolution was offered by Sir. Mike!;, "f Charleston, In relation to pleadings, so as to expedite the business of tho Circuit Courts, which was referred to the Judi ciary Committee. Mr. Del'ass otTercd a resolution that the Committee on Military Affair* reporta bill for the immediate organi zation of the militia of this .State. It being evident that the motion ofiVre-l by Mr. De Pass had opened the eyes of the Legislature to the fact that It had pronounced a wrong judgment on a constitutional question in the matter of General Gailingtm, and it be ing also known that tho matter haiiug been referred back to tile Committee on Privileges und Oectloue, they hod taken the opinion of the law officers of the State, and would report thut, though General Gurlington was u sal aried officer, still under tho Constitution, asa militia of ficer, he was entitled to a seat in the House, Mr. Barker offered u resolution that it bo referred to the Commit tee on tho Military to make the salary of Adjutant and Inspoctor-Oeneral commensurate with the importance of the State as a military power. Tho General Orders having beon taken up, the resolu tion of the Committee on Federal Relations with regard to the removal of negro troops was agreed to. The resolutions of CoL Wagoner to adjourn were then taken up. Col. Wagener said that tho extra session had been called by tho Convention for specific purposes. The members have como hero not propared to stay, some of them without changes of clothiug. Mr. Haskcll said that the private wants of individuals was a matter which each man should decide for himself. There arc many matters which should be considered. The Negro Code hod been reported by an able commie nion, and is In tho huuds of the Judiciary Committee. When that code is reported, which will probably be in tho early part of next week, tho Legislature will have work for several weeks. The militia laws and other matters are of vital importance. Until tho code is passed we cannot have a complete restoration of civil law. If the negro code and militia lawa are not passed before Christmas, there will not only be no contracts, but there will be danger, not of war, but of bloodshed in every household. Mr. Dawkins said that if he consulted bis own conve nience he would be la favor of the resolutions, but in the present condition of our affairs?the most important since the adoption of the Constitution of 1790? personal considerations should not be regarded. The adoption of these resolutions would be now disastrous. There is a feeling of deep antagonism between the negro and his former master. He will not make contracte. Many of them are looking forward to a division of tho lands. That we should pass tho laws under consideration is de sirable, for the negro and desirable for the white man. -Ho was delighted at the message of tho Senate, declaring that matters of great public concern required that the Legislature should continuo in session. The Committee on the Judiciary were in session from 9 A. M. to 10 or 11 P. M. They have Invited tho Committee of the Sen ate to unite with them. The two Commttees are pro ceeding most harmoniously, and are endeavoring to . perfect a system. They hope to report two of three bills early next week. Ho asked If it would not bo unjust to the country and unjust to ourselves to adjourn. It has been said by an eminent ancient writer that he who bo gins a work has more than half completed it. Mr. Warley move.l to amend the resolution by substi tuting, after tho word resolved, "That it is tho sense of this House, that tho good of the State demands that the session of the Legislature should continue until the legislation so much needed is completed." Mr. Head thought that tho Committee on the Judicia ry could be left hero to perfect their work during the -adjournment. Mr. Warley thought that wo were in danger of Insur rection without tho passage of those laws. There are widows and orphans now. but there will be many more, and the State, now in sabio, will bo in sackcloth. Mr. Trescot suggested that Mr. Road proceeded on the ?opposition that there was nothing before the House except what was before the Judiciary Committee; while, on the contrary, there is enough work to keep the body together for three weeks, without touching that matter. Mr. Simonton moved to amend tho amendment, by substituting, that the Legislature take a recess from ' Saturday. Mr. Campbell said we have not considered fully the question. He thought It a great mistako to couauit pri vate convenience against public interest. He did not -agree with Mr. Warier. Ho thought there would bo no danger of catastrophe; bnt if there were, tho passage of these laws would uot protect us against it. He confessed that he felt great obligation to tho negro race for their voonduct during tho last four years. They knew well what would be their condition, in caBC of our success, Still thoy clung to us faithfully. He repeated that he old not fear a catastrophe. But could the mere enact ment of paper-laws protect us, or provont it, except what we aro permitted to enact by a conqueror, under whoso iron heel wo are. Have we any laws? Is it not better to do nothing, unless wo aro c?rtala that our laws will bo accepted ? There Is sometimos great strength iu inactivity and in doing nothing; and a groat British V tatesinan has said that inactivity is a masterly power. Wo talk of legislating, and wo know that it U merely experimental. Wo aro dependent on the kindness of a -single man, who is sacrificing certain strength by stand ing as u breakwater between us and irreparable ruin. Wo are in a stale of transition, and should wo sacrifice what we already have, by hasty legislation ? Up to the present timo we have done nothing really objectionable, and wo should do nothing to imperil the good hope that wo have. Docs not sec how enactment of tho Code will remedy the feared Impending danger. After some other debate, the whole matter was laid on the table. -?- -? TnAnn Art.?In Birmingham a great deal of japanned waro is made'for foreign markets, and it is a curious and interesting study to notice tho various styles of art most popular, tor Brazil tho most saleable ornament is a shield surmounted by a crown and oncirclod with coffee bprrles. For South Amorica bright gaudy colors oro mostly in demand. Iu Spain tho most favorito orna ment is the representation of a bird. It would seem that the artists aro not particular in following out the plumage of tho birds thoy roprcsont ; the colors must bo Saudy, and the Spaniards cannot but be Impressed with lio spoclmons of their ornithology. Do these specimens of tholr embellishment most indicate tho taste of the place where they are prepared, or that of the market to which they aro sent ? ABANDONED PROPERTY. The following Message from Governor Perry wan sent luto the Legislature, Octobor 28, accompanying the subjoined report of the Hon. W. II. Tr?hcot, agont of tUe State, at Washington : OOV. PERRY'? Ml?8SAOE. Executive Department, fi. C.,) October 26, 1863. f To i.'tc lionorablt tkt Scnatt end Honst of Reprutniat?rtl : Gentlemen : I iinvo the pleasure of oommnnlcallng to you the very satisfactory report of tho Hon. Wni. Henry Trcscot, Agent of tho State, at Washington, in reference to abandoned lands and pardons. Hfn mission has been eminently successful. He found the President and Ot'ii. Howard, the head of tho Freedmen's Bureau, dUposed to do justice to tho proprietor* of abandoned lands, as will bo fully seen by bin report herewith seut you. It is to be hoped that tills unfortunate class of our lellow-citizens will hoou bo onco more ..restored to the!' homes and possessions. On the subject of pardons, Mr. Trcscot found the President hind and accommodating. Hut grent delay must necessarily attend tho issuing of pardons, whero thorn are so many thousands of applicants. It would bo well for our citizens to be quiot and bido their timo in relation to the moving and action on their applications. When the ? is any urgent necessity for the isBiilng of a pardon ^.ud it is brought to the view of tho Prcsnleut, no wiO ?ive such application pwcodeaca over others. Air with reference to this matter and the interest of p? prictors of abandoned lands, it would bo well to con tinue the agency for the present. There are a great many questions arising where it would bo a great convonionco to the Provisional Governor, and the people generally, to have un agent at Washington, to present matters (hero to tho President, head of Departments, and the officials of the different bureaus, nnd give the necessary informa tion which may be desired. I herewith send you tho report of J. Ralph Smith, General Superintendent of the State Works at Green ville, showing the amount of public property In those works, and the estimated value, of the same. It will bo of great service to the Commissioners who may bo ap pointed to sell or dispono of theso works. Tho total cost and expenditure of the State on theso works have been, in Confederate money, $.007,800.29. Tho present esti mated value, in Federal currency, is $72,00U. And it is altogether probahlo that the property will not realize that amount. D. F. PEltRV". REPORT OF SIR. TRESCOT. Columwa, October 21, 1805. 2*<> 7/?.s- Excellency ?). h\ Perry, <fc, ?fie, tCc. Sin : The Convention of the State having passed, at its recent, session, the following resolutions : 1. Attotttvtf, That tho Provisional Governor is hereby authori/.ed and empowered to appointa competent Agent to Washington, to ascertain from the President what is the condition of the lunds called "abandoned lands" in this .State, and how long it will be before owners of such lundi will be restored to the possession of their property: i>ud to act as the Agent of the citizens of this Stute, In their applications to the President of th? United States for pardons, and for tho restitution of their, real nnd per sonal property ; and also as Agent of the Provisional Governor of tola State in all matters which he may de sire to brin? through Buch Agent before the President or other officers of the United States Government. 2. Rttolvtd, That it shall bo tho duty of the aforesaid Agent to report fully all his proceedings, and all the in formation he may obtain in regard to matters entrusted to his charge, to the Provisional Governor of the State, in order that Uie same may bo laid by him before the Legislature at its present session? You wcro pleased, by 3-our appointment, to cnll me to the discharge of these duties, and I have the honor to submit tho following report of my proceedings in execu tion of your instructions : Upon reachiug Washington I found that some of tho questions touching th?se important interests of the Suite hud been brought to tho attention of thu Government in special cases. Theso cases had been urged upon the proper department with ability and activity, but the de partment had declined acting upon them until tho Government had decided upon the general principles in volved. As fur as the action of the Government of tho-United States, during the lato civil disturbances, is concerned, the lands in this State may be divided into three classes. 1. Tho lands taken and sold under the provisions of tho Tax Act of June 7th, 1882, with its amendment of February 6th, 1803. 2. The lands styled "abandoned lands" in tho Act creating the Freedmen's Bureau. 3. The lands Bet apart for occupation by General Sher man's order. As to the first class, I felt that the questions involved were of so grave and complicated a character, that im mediate relief was scarcely to bo expected-, and, as the Attornoy-Gcneral, the chief law officer of the Govern ment, was absent from Washington, I deemed it best not to ask their consideration until the others had been dis posed of. The only step with regard to these lands which. I have token, was to apply for a list of all property bo sold, which I will publish as soon as received, for , general information. Believing that the legislation under which this property has been sold cannot be sustained, and that at any rate relief con be afforded in these cases where tho Government was tho purchaser, I deem it . proper at present merely to suggest to the parties in terested, such consultation among themselves and con ference with the Ageut of the State as will enable him to tuko the necessary ?tops. This is tho more promptly required, as the residue of such property remaining un sold has been advertised for sale on the Cth December next. As to the other classes, you arc aware that, by the Act creating the Freedmen's Bureau, and subsequent orders, all the lands in the Southern States embraced in the term abandoned lands" used in that Act, were turned over to the officers of the Bureau for distribution among the loyal refugees and the freedtuen of the "Insurrectionary States." By Circular No. 15 the President, however, limited, to a very great extent, the disastrous conse quences of this enactment. By that order, all persona who had recolvcd spoclal pardons, and all who, under the provisions of the general amnesty, had taken the oath of allegiance, were allowed to recover the possession of their lauds. But a doubt having arisen as to whether that portion of these lands embraced in General Sher man's order, and lying on the scacoast of Carolina, Georgia and Florida, was subject to this provision for restoration, the further order, No. 45, was issued, in structing General Howard to make the arrangements, and extend tho orders necessary to their restoration. At present, therefore, all the lunas in the State served by the United States Government, oxcept lands taken and sold under the Tar Act, are to Be restored. The "aban doned hinds," not included in General Sherman's order, will bo recovered upon application to the Commissioner o? the Buroau in the State, upon proof of pardon, either special or genoral, under tho amnesty proclamation ; and the lands included in that order will be restored by ap plication to the officer assigned to that special duty. The orders to carry this decision into effect will bo forward ed to your Excellency ub soon as I roceivo the official copies. It is not necessary that I should report the various conversations which I had tho honor to have with the President and General Howard. They wore confined chiefly to tho discussion of tho mode In which the resto ration could be effected, with reference both to tho obli gations which the Government had assumed towards the freedmen, and to tho rights which the Government re cognized In tha original owners. It is proper for mo to say, that I found General Howard most anxious to do justlco to all the interests concerned; that, In the whole discussion, his object appeared to be to aid in the speedy organization of the new relations of labor, and that he was fair, considerate and kind in his recognition of tho difficulties in tho way of the planters of the state, and the spirit in which they wcro endeavoring to moot them. There were some impressions upon General Howard's mind, and eomo expectations as to the practi cal working of the new system, with which I did not agree. But as tho experiment commenced with tho re storation of the lauds, and was evidently a sincero effort to adjust conflicting claims, I am satisfied that it is both tho Interest and duty of the State to co-operate cordially in the endeavor. The President having intimated that he thought it advisable that I should meet General How ard again, during his visit to tho State, I roturned to Co lumbia, and had tho advantage of further consultation. I hopo to meet him again before he returns to Wash ington, when he has made a further examination of the actual condition of tho freedmen, and tho practical work iug of the system hitherto pursued. Hy that timo I also hope that the Legislature of tho State will, to some ex tent, indicate our own vlowa of these now and difficult questions. AU that I deem it nocossary no k to say Is, that whatever may be our own opinions, wo ought not to forgot that tho action of tho administration Is watchod with jealous hostility, especially on all theso subjects, by a large and powerful party in tho United States; and that with our property r<rst<yed and our rights recog nlzod, it Is only just that we should afford every assist ance to the Government in reconciling this discharge of its duty to u? with its obligations to tho rest of tho coun try. Although it is impossible to reconcile tho existence of such an institution as tho Freedtuon'e Bureau with the ordinary action of our political system?and although it is clearly an lntorforanco with subjocts of purely do mestic concern, yet I am sure it can not at present safe ly bo dispensed with. Without some agency, which shall represent tho Government, it would uot at this mo ment bo possible, in many seeMon*) of the .State, either to re-establish the owner? of lai * ..: their rights, or to make any arrangement for tbaignewaj of liVior?and while, there have boon great abi*?\ ' ". ibe administra tion of this Bureau In corta in to?. > f'.i ?, : r.r.i warranted in assuring you that theso nbUBe**VUl b-? corre ted, and tho policy of the Government ll n -'.v enforced. With regard to tho subject of pardons, the action of (he President is tho literal fottuscnt 01 hi? profession, that he would rather pardon twenty than refuse one." and ho oxpressod to mo his rcadinosa to give immediate consideration to auy cases Which the State deemed of special importance to her industrial interest*. The re storation of the lands lu tho lower part of the State to those who have been psrdoned renders the early issue of auch pardons a matter of great Importance to "a large class of our citizens. But with evory desire on the part of the President to extend the benefits Of executive clem ency, tho growing and cnormoun LCOttUiulatlou of appli cations and the unavoidablo delay In the passage of par doD.'i from ono department to nr. iher. In order to their formal execution, renders it aim? si impossible to impart tho iimncdhito attention which the Interests ot the Stutv requins. If the State Agent is expected to ttive especial attention to Individual application foe pardon, lie will need tho Rervicesof an efficient clerk,and mast establish an offlco iu Washington. Ah the appointment by y<-> ir Excellency, under the authority of the Convention, was limited to such a peri od as would permit legislative action, it will bo for the present Legislature to decide whether the agency shall be continued. Should the admission of Senators and Representatives from the Southern States be long delay ed, I am satisfied, from my observation, that the inte rests ol tho Stato will require the presence of an author ized agent in Washington. Of tus probability of this contingency the Legislature must judge. I cannot conclude this report without expressing hi your Excellency, and through you to the Legislature, my profound sense of what this State owes to the wisdom and courage of the President's policy. It has saved US from destructiou that would have been aj rapid a-s it was ruthless. In the readiness witti which T was permitted to lay be fore him your Excellency's suggestions?in the consider ate attention giveu to the Interests I was instructed to represent?in the just and kindly appreciation of the dif ficulties with which the State was surrounded?iu the judicious policy Which General Howard was authorised to pursue. I found still further evidence of that sincere desire to aid the Stato in her trying position, which I feel it my doty thus gratefully to acknowledge. Respectfully, WM. HENRY TRESCOT, Executive Agent. [ma Tin.; ouantdtsroM tiAicr news.] THE DISTRICT; CO CUT?. The Convention, in framing the nerv Constitution, provided, in Section 1, Article III, that "the General As sembly shall, as soon as possible, establish, for each Dis trict in the State, an Inferior Court or Courts, to be styled the District Court, the Judge whereof shall be resident iu the District, &c- which Court shall have jurisdiction of ?11 civil mute wherein one or t?t!t the partit? are persons of color; sd of (" criminal catet tokcrtin (he accus?t is n }>i-rse:: nf color; jtwi the General Assembly is empomtre4 to crt<":^ ' : jur'.c UttOtn of the mM Cvj.ri to other subjects." This is a new and novel Court to ' : established, aud one of vast importance. Its oi-ipnieation and Jurisdic tion should bo most thoroughly considered, in every aspect, beforo adoption of uu." rides. Shall the said Court have its jurisdiction, a 'first, extended to other subjects than those cuumerute? in the Constitution ? It would seem that to adjudicate matters wherein per sons of color are concerned, would give full occupation to any Court, l'or n while at Iras*-., In their demoralized, aud soon to be disorganized, cjudition. Colleton Dis trict has 19,000 blacks sud bu' 0000 whites; Beaufort, 19,000 blacks and 7000 whites; Orangoburg, 10,000 blacks and 13,000 whites; Abboville, 12,000 blacks aud 11,000 whites; Kichhind, C00O blacks an? 7000 whites: Marlbo rough, C000 blacks and ,"i000 wlu'-ea. and Chester C000 blacks and 7000 whly>?. '.MKii.* ?.bou?tha p.-.t?>rtionlu th<> state, ?mi nuj court will have full employment to adjudicate all the cases wherein blacks are concerned, however continuous their sessions. But it is difficult to eee how the jurisdiction of this Court can extend to other matters, if it is designed to hove u less number of jurors than twelve. Section 7, Artielo IX, of the Constitution provides that "the trial by jury, as heretofore uifrftn this State, shall be forever inviolably preserved" in all other cases, except iu those of negroes and debts "small and mean"?every party have the right to have his ease tried by a jury of twelve of hU peers ; and the clause just cited "inviolably preserves" that right to any party to a suit who muy so demand. One part}- or the other to every suit will so demand. Belter then make the jurisdiction of the District Courts extend only to the adjudication of all causes wherein blacks are concerned. What part in the trial of a cause shall the Judge take ? In the trial of negroes, heretofore, in this State, a mag istrate and five freeholders constituted the Court, heard tho cause in cases of crime, and the Court, acting as Jurors, including the magistrate, decided the case. It was an auomalous proceeding. It would seem to be better for the Judge to decide points of law, admiesi bility of testimony, construo statutes, sum up before the Jury the points and testimony made, then leave the jury to decide?in a word, take the same part as Judges of the Courts of Common Pleas and General Sessions do in cases tried beforo the Circuit Courts. Should the Judges of said Courts be showed to prac tice law in the Superior Courts of the States ? If the ju risdiction extends only to persons of color, then surely there can be no gond reason to prevent tho Judges of this Court from practicing in the Superior Courts; be sides, if prohibited, no lawyer of any considerable prac tice would accept the office of Judge of the District Court, nuless the salary is to be higher than the State ought to pay?t this time; and no man should be put in this position except he has made the law his study?the competency of testimony often troubles eminent Judges. What a farce to liare a man not learned In the law to de cide points of law and oompetency of testimonyl Courts of Magistrates and Freeholders have long been a sub ject of ridicule with the bar. An eminent Judge of this Stato once said, after bearing an appeal from one of these Courts, on the grounds of admitting improper tes timony, "Of course the appeal must be sustained, for a Magistrates' Court generally decides wrong on legality of testimony." Volumes have been written on the sin glo subject of evidence; and only those who have made the subject their study can approximate doing Justice as a Judge iu deciding on its competency. A new Court is to be established, all its rides and regulations to be ar ranged and codstrued, and its proceedings sy.itemized. Men educated in the law are indispensable for this work if done efficiently; if not well done, these Courts will be a nuisance to the country, and mere puppets in the hands of skilful lawyers. To what tribunals shall appeals be taken from tho District Courts? The Judges of tho Circuit Courts have more to do now than can ho accomplished. The dockets in many dis tricts have not been cleared for more than ten years. It Is a notorious fact that in some districts persons sued for debt on plain notes or bonds, and who have.no real defence, have appearances entered, and pleas put in, so that the caso can got on the lssuo docket, whoro they are not reached for adjudication for rears. This delay of justice provents many creditors from trying to collect then* debts by law. If appeals are to be taktu to the Circuit Courts from this Court, the whole week allowed for a term would hardly suffice to hear tho appeals in some districts, especially if others than lawyers are to be Judgos?for no case of importance would stop short of the appellate jurisdiction, where the bar has a contempt for tho legal knowledgo of tho presiding Judge; besides, the cases could find their way up to the Court of Ap peals any way. It Is deemed best, therefore, to make this last Court theappcllato Jurisdiction m tho first in stance. That Court certainly has moro time to consider appeals than tho Circuit Judges?and fewer appeals would bo taken, owing to the distance and expense. How should proceedings as to prosecutions and de fences be arranged in said Court for crimes? and what should be tho whole machinery of tho Court? Tho State wlU be compelled to havo a prosocutlng at torney, for crimes, Iu each of tho District Courts; this Is inevitable. Some form of indictment must be used, end the evidence drawn out by some one, or crime will go unpunished. Tho accused umploys an attorney, who uses all his ingenuity in defondlng. Unless tho State is similarly represented, she will stand but a poor chance to puuish and prevent crimes. Then, again, what Is to bocomo of negroes, charged with crimes, who are too poor and worthless to employ counsel for their defeuco? To every individual of this class counsel cannot bo as signed, as in tho higher Courts, for it would in many districts keep employed all the bar. Tho State must pr?vido counsel for theso also, if thoy are to have a full hearing beforo the Courts. These Courts, too, must have Clerks?say tho Clerks of tho Superior Courts shall net as Clerks of the District Courts; it would suit well. They havo offices amply largo to preserve the proceed ings and keep them properly arrunged?aro familiar with making up dockets and kcoplng minutes of the Court, drawing and arranging juries, &c. Tho Sheriff, too, should lie the same who is Sheriff of tho Circuit Court, and should keep similar books for coses of a similar na ture a? tboae kept for tho higher Courts. They, too, havo offices and plenty of timo to do all tho duties re quired, olthcr themselves or by their deputies. Theso officer? would have to havo pay for tholr sondeos pro vided'for otherwlie than by co:its, linos and fees?for in mont cases parties in this Court would never pay any thing, bi ing vagabond? Then, what number of jurors nliould constitute a panel to try a cause.' In tho Magistrates' Court f..r the tri.i] of negroes, here tofore, fl\e Jurors and the Magistrate ma;!.-up the Court; and in arranging the District Court, it 1? supposed that six jurors tor tho trial of ;i cause will be sufficient; have twenty-four jurors summoned (breach Term?two juries inipauucllcd, of :ilx (a. h, allow a limited challenge, and let the majority of a panel render the verdict, which is only signed by the foreman, M in the Circuit Courts. A larger number of jurors would m.ik" it verv expensive to th.'State, and exceedingly onerous on tlie people who have to act on a Court which must sit so otteu. All of these officers of the Court?Judges. Clerks. Sheriffs, .furors, ami Attorneys for prosecuting crimes and defending accused? must be paid by the State, and lines and forfeitures and costs paid into her treasury wh..-!-. collected. Negroes' interest* in crops could be forfeited by tho Court to pay Hues ami costs, and the Sheriff could attend to receiving from employers the ?amis and mUanundnrexeontiim?. Tal* and what amount could be collected otherwise, would, to some extent, re imburse tin; State treasury. How otteu, and at what times, should the District Court sit? It would s:'om that four terms each year, quarterly, to ait aS each tenu until Mia business prepared is com pleted. WOtttd be sUraciCUt. Let the Judge in each dis trict fix the times for tho regular terms as he may think best, in order not to conflict with the Superior Courts, or tmbirrass the officers of both. Tho Judge could, also. call extra sessions, if, In his opinion, it became, at any time, necessary. In Civil Courts, writs to he sued out to one term and served ten days before, nnd the cauno heard at the next, or continued, for good cause shown. Six of the twenty-four jurors summoned, and not iinpanneled. might act as (.?eneral Jurors, at each term, clothed with the aune duties as those for the Su perior Courts. Alt applications for bail, in eapitul charges, ugalust negroes, be heard by the Judges; in other eases, by the Magistrates, ns usual, who should act, In cases of m'groes, for tho District Court, as they now do for the Circuit Courts. The Clerk should be at ejtefa Commis sioner of Bail, in civil cases, for said Court, with similar powers oh now for the Circuit Court. In a word, all the practice of said Court should conform, as nearly as pos sible, to that of the Court of Common Pleas?the officers of mtd Court having, auto negroes, similar Jurisdiction aud powers as the officers of the Court oi" Common Pleas and General Sessions have over citizens. It is further suggested that the pay of the Judge and other officers of tin; District Court should nut lie uni form in every District in the State, but .should be grad uated according to the number of negros* In each Dis trict?according to the work likely tube required: lor Instance, Picken-? his but 2.^00 negreen, while CoUc tou has 19.000?of course, the Judge'for Pickens should not bo paid m much as the one for Collcton; Lexington has ?700, wblla Mnvlborough has COOi)?there could bo no justice in paying the local Judge* at said Districts equal sum-., while the one. liai? but little moro than half the persons within his Jurisdiction than tho other. Say. nay Judges in Districts of over 10,000 riexroes, twelve hundred dollnrs; of (rom 7 to 10,000, one thousand dol lars; 4 to 7000. night hundred ilollurs, and of under 4000, si:: hundred douars?graduate other officers in same proportion. Thus it will be perceived that the plan here sketched proposes to couform the proceedings of these Courts, as Mar ns possible, to those of the Circuit Courts. If any thing like this nhould be adopted, it would be a source of considerable expense to the State. But where a Court, having exclusive original jurisdiction over nearly half of the inhabitants of the State, now turned loose in* almost a state of barbarism, Is to be organised, and their only restraint, expense must be incurred for the safety of our people. Let us not dwarf it to the level of a Magistrales' and Freeholders' Court, which in many Districts did not adjudicate n do/.cu casc:< in u year against slaves, their owners generally settling difficulties without the farce: of such a Court. Besides, it must not be forgotten ih.it this Court will also have jurisdiction over citizens in oases where negroc3 ore parties, by the terms of the Con stitution, and should have the right and privilege of be ing tried by Couats of character, and where they can obtain adjudication of their rights according to law, from the testimony brought out ancordiun to th? u?w of evi dence Givo us, then. Courts which will conduct busi ness according to law; Courts which will command re spect, and not such abortions as those Military Provost Courts which we have just had, where no laws or prece dents were respected as to tho admissibility of testimony, und cases Involving thousands decided with swift haste. JUSTICE. - - -??. Necessities of the CHsrlesion People. [f'rom a late Boston Paper,] A public meeting was held in the Bedford-street Churcn, last evening, under the auspices of the Ameri can Unitarian Association, for the purpose of awaken ing an Interest in the present necessities of the peoploof Charleston, S. C. There was u good attendance of our leading citizens. Hon. J. G. PaUIBT presided. After prayer by tho liev. Mr. Foote, of King's Chapel, the President introduced Rev. Calvix Stkboins, Missionary of tho Association at Charleston, who made an address concerning the wauts of the people. He ?cated that the sufferings of the citizens were intonso. Many were in wont of food, many of clothing, many of shelter. They should receive aid immediately. A large portion of the peoplo, he remarked, were obliged to depend solely on the Government rations, which were absolutely unlit as nourishment for the young, the uged, or the sick. It was for us of Boston to aid them, and relieve their wants. Mr. Stebbins eloquently urged the claims of this un happy people upon our sympathies and our generosity, and recounted many scenes of suffering which, during his recent visit, ho had witnessed! At th? conclusion of Mr. Stedoins' address the President read letters from several gentlemen who had been in Charleston concerning the state of affairs and the condition of tho people of that section. Rev. Mr. Thayeii then made some few remarks In re lation to a visit which he made to that Southern city some yearn before the war, and the impressions left upon his mind. He urged that we should aid theso peo Sle, although they had injured us to such an extent, and ad been ao traitorous and proud-hearted, liev. Mr. Rick, Pastor of the Circular Church, Charleston, who bad boeu in that city as a pastor for many yeare, and had been intimately acquainted with the peop'.c and their ideas, wished to ask a question. He wished to know if the old doctrine of John C. Calhoum was entirely knocked out of the heads of the Southern people; if the spirit of slavery was not still rife in the hearts of those old aristocratic bloods; if he could go back to that city and speak his sontlments? If he could know that they were indeed humbled?if they would give him free speech?then he would, to tho extent of his means, gladly and quickly give them free bread. If they were not in that condition, then ho would havo them hunger a little while longer. In reply, Mr. Palfuey made an eloqueul, earnest and Christian address. He allowed thai Charleston had been the centre of Southern opinion. There everything hate ful, overytliing bud, everything ungenerous concerning us, was founded. The Southern people had been edu cated for two generations In two fanaticisms?hatred to tho North and devotion to slavery. How much of this feeling had been whipped out of them, he knew not. Tho pride of Charleston may not havo been brought low, but its power lias been broken. After Shebman's great march, famine, misery, want of shelter and of clothing followed. Thoy appeal to us for aid. Tho speaker would make no argument on their repen^ince, only on human ) distress. There he would stand, and there be would re main immovable. We should act the part of tho good Samaritan to our once proud, but now humbled, suffer ing brothers. A contribution was next taken up for the benefit of these people, after which the congregation retired. ? > A Letter from Jefferson Davis. "We give below, says the Louisville Democrat, a private letter to a friend In this city, which was not for publica tion, and which, thorofore, givoa the slncerost views and feelings of tho author at the time. It Is plain that at that timo Mr. Davis did not desire or expect disunion: Washinoton, January 22, MM. Dead Sin: I have tho pleasure to acknowledge yours of the 27th ult. I am on the ove of a departure for Mis sissippi, In obodlcnco to nor command, and In accor dance with my own views of tho necessity of tho South, To you I noed not say that the event is to mo a painful one; but there remains to mo tho consolation that I have failed In nothing that promised to preserve tho Consti tution, and thus perpetuate tho Union as our fathers made it. . .. _ [After some remarks on private matters, he adds]! I hope Kentucky, the land of my nativity, will soon Uko her pisco in tho Southern column. Tho union of tho South can now alono preservo peace, and In tho united strength of tho South is tho only hopo for juatlco and a reconstruction of tho Govornraont upon a basis that will secure the ends for which It was originally es tablished. I Subscribed. | Your friend, JEFF DAV?8. - - A Provldonce paper, referring to tho outlandish and utterly abominable words constantly coined by telegraph operators, says: "The Associated Press pours a stream of cold poison into tho English Innguago every morning. Wo hear of buildings being 'burglarised' and lncendl arizod,' of steamers 'colididlng' aud oil wells conflagrat ing," and tho other day wo wore told that an actress ba<i dobuted' with suocoB9l Thero ought to be a law against 'suchatrocltlos." v-'AJtll J. O. PROCKKDINOS OF THE CITY COUNCIL,. T,,? ... __. . .,. COT Hall, November 4, 18C5. i^.u^i?^??1 *}'lT'\ ,,It,rt woro euinmoned for installation,:.! I o clock. 1?. M.. ?hi? day. Pr^?Tn h ?1- V"/"41"""1- ami Aldermen Ruvonel. Pringle. Brown, Ear!.'. Hrnnll, Cameron Trenholni Honour OAKesMarslnli, and WhlWeu-ia members. ' J "V r'.* rf? SSSf? V'n1 tl"% r'luru" of thu ?la?* gersof City Elections, as follows : For Mayor. Col. P.C. OA.ILLARD. For Aldiiini u. WAIID no. I. WILLIAM RAVENEL. i JOHN G. MILNOR. WAIU) NO. II. THOMAS RYAN. | JAMES R. PRINGLE. WAHD NO. III. JAMES \V. BROWN. | JAMES P. EARLE. P.. M. BUTLER. WAKD NO. TV. JACOB SMALL. I JOHN H. STEINMEYER. ARCHIBALD CAMERON. ? AV. L. TRENUOLM. HENRY OEHDTS. w.ir.n no. v. m .JOHN H. HONOUR. | /.. B. OAKES. irAHD NO. VI. M"OB EDWIN WILLIS. ? li. W. MARSHALL. W'.Mlt? Nil. VII. E. D. EN8TON. w.inn no. vin, W. o. WHILDEN. Hon. Charles Kocbeth, hrf.,re administering the oath of office, addressed the Major elect as follows. Oil. O-'iliard: It gives me pleasure to congratulate vou on your elevation to the Chief Magistracy of the eitv. It Is a marked compliment at all times to be chosen as May.r, but now when our city affairs are complicated anil embarrassing and its credit ?runaircil l.y the rtisan trous war which has but lately ceased, it is doubly no. I sympathise with you for the arduous duties thai aro before you, but at the sanie Unto I fool a confidence that with the able and patriotic Aldermen which aro associa ted with you, the rojgedneaa of your path of duty will be much relieved. My fellow-citizens may congratulate themselves on their selection of you. If there was ever a period when tho Mayoralty of this city required a nuui of ftrinnoM, manliness and honesty of purpose, it is now, and with sincerity I assure you that I believe you to be thot man. Whereupon, Col. Oaflhml in a very appropri?t.' and feeling manner responded. Th" oath of office wsj luoa administered to the Mayor elect. The Aldermen Diet t were qualified by Hon. P. C. Oail Inrd, Mayor, and took their Beats. A'.dernian Bavenei gffered the Billowing resolution, whi. h was adopted: Ketufvrcf, That a committee of three, be appointed to re port the unfinished buducss on Council journals at tho next meeting of CountlL The Mayor appointed the following Committee i Al dermen Bavenei, Oakes and Marshall. The following resolution was adopted: Remlptd, That a committee of three be appointed to report at the next meeting rules for tho government of this Council. The Mayor appointed the following Committee: Al dermen Trenhnliu, Hmidairaiul Drown. On motion, Council adjourned. W. II. SMITH. Clerk of Council. Tribute of Respect. , At n meeting of the employees of tho United States Quartermaster's Department, held at the Charleston Ho ?.-t last evening, Nov. 3d, 18G5, the following Preamble and Resolurn.no. offered by Mr. FnKDEniOK W. MlLLEB, of the Department, were >?wrdmously adopted : The absence of oi:u to-night Win. was wont to SB amnnsRt us in the sterner and light?? vn,im\af>f this checkered oxisteuce, tells the unwelcome tale that Death has been in our midst and borne away acholcnmomborof our commercial and social circle?one who not only had our respect and confidence, but our warm and earnest affections?especially under tho circumstance of bis severance from those "near and dear" to his no ble and generous nature. Can we be othorwise than touched? Can wo he otherwise, than moved by the ?ad ovent? No?unless we wero dead to those sus ceptibilities that point to tho heart as something more than a mere pulsating medium of vitality. Con sequently, in tho sudden anil unexpected demise of BENJAMIN A. RADLEY, tho lato efficient and accom plished Chief Clerk in the U. S. Quartcrniastor's De portment of this city, under the conduct of Llout. Henht Haoeks, a real and heartfelt sorrow has como upon us, that cannot be disguised. Nor would wo attempt a re treat from those sentiments that follow the result. With us, truly may It be Bald, "there Is a sigh in tho heart," and it is all for him who bas passed from bonce, in the mid-day glory of his manhood, never to return and gladden us, as of yore, with his pleasantry and charm ing society. As ho lay still In death, it could but bo exclaimed: How lightly ho sleepcth, He cannot be dead ; And yot his kind accents Forever aro fled. Tho truth Is upon us, We know him no more, As when in bis vigor He walked us beforo. But a few days ago His spirit ?as free, And silv'ry his laughter As mortal's can be ; We dreamed not bis Parent, Abovo tho soft skies. So soon would reclaim him, And close blj blue eyes. His nature was noble, Bewitching his smile, His voice fall of kindness, His heart void of guile ; And all toll the "tory. He full was of worth As any s?journer That walks the broad earth. Farewell to thee, eornrodo Of sorrow and Joy ; Thine now la a Ufe Pure, tree of alloy ; Whore nought can disturb thee, Or break on thy ear, That is not angelic. And full of sweet cheer. It is, therefore, Resolved, Thst, in the death of Benjamin A. Radt.kv. the United States Quartermaster's Department bas sua? tained a severe loss in one who was always at his post, ever ready, evor efficient in the discharge of whatever fell to the grasp of his comprehensive mind. Ruolved, That his follow clerks of tho department will miss him at all times, and more especially when re aulrement would rccourso to a gentle counsellor of tho utles of the hour. Resolved, That eoroest and sincere sympathy is ten dered the respected parent suddenly called to this city, aud tho offer of every assistance, calculated to alleviate his trials; and that a copy of the proceedings of this meeting bo handed to him, with tho request that ho will lay them beforo the deceased's relatives and friends olae where. Resolved, That tho proceedings of this meeting be pub lished in tho Charleston papors and Now York Sunday Morcury, and that wo wear the usual badgo of mourning for thirty days, and thot a copy of the above be furnished the family of the deceased. On motion, the Hireling adjourned. M. W. St. AMAND, Chairman. J. R. Johnston, Secretary. iff DATOHELORS ORIGINAL HAIR DYE!?THE nd best In tho world I Tho only true and porfect HALB, DYE. Harmless, Reliable and Instantaneous. Produces immediately a splendid Black or natural Brown, with out Injuring tho hah or sklu. Remedies tho 111 effects o bad dyes. Sold by all Druggists. Tho genuino Is signod WILLIAM A. BATCHELOR. Also, REGENERATING EXTRACT OF MLLLEFLEUR8, For restoring and Beautifying tho Hair. CHARLES BATCQ?LOB, Now York. I August 17 lTC