Historical Newspapers of South Carolina

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(KUMBIA, s, c. Friday Morning, December 8.1871. ? ?Popular View of Onr State Pluunc J, and Oar Financial Condition-No. M. 'Before proceeding to tbe matter of ie sums raised by taxation by the pro? mt administration, let us briefly aug ?sest some conclusions, based npon the ?resent State debt.,. Assuming that the ?tate1 debt is now $15,767,908.98, and Beaming farther, that it should be fixed pon ns, the an anal interest at six per apt. would amount to over $945,000. [ta this tluiro be added the sum of 900,000, whioh, in November, 1870, tbe omptroller-Qeneral states as the sum eoessary for running the State Goyern leut, we have tho enormous sum of 1,845,000, to be raised by taxation, and :iis, too, exclusivo of the Oouuty taxes, rhioh will, upon au average, amount to bree and a half or four per oent. on the oneral taxes. Again, assuming that the landed debt of the State is $20,855,000, s fixed by tho joint investigating com a it tee, the nnnual interest, at six per tont., would amount to $l,:25l,300. If. o this there be added tho $900,000 for bo current expenses of tho Government, ve have the sum of $2,241,300, to be -ais?d by taxation, and this exclusivo o! ;he County tax. Now, lot this be borne n m iud: Before the war, the overage ;ax for ton years previous to the war, tvas $131,000, nod this on a taxable tasia of $500,000,001). Whereas the Laxes have boen, upon an average, since the,war, of about $1,500,000, on a taxa ble basis of 8184,000,000. But this ii not all. Puttiug.tho bonded debt of tb? 9tate at $15,767,908 98, wo would havi au . annual tux of $1,845,000, ou a taxa? ble basi? of $184.,000,000. Or, puttini the State debt ?V $20,855,000, wo wonk have au annual tax of $2,241,300, .'pu i taxable basis of $184,U??,U??. lu o the words, it. follows inevitably that if th present bonded debt of the State shouli be assumed by - the State, this woul follow, contrasting our present with ou former condition, that, whilst tho prc perty of the State has been reduced to r least one-third of its value, tho taxe would be increased ut least 500 per cen We shall resume tho subject, morel remarking that we rather uudor-stal than over-state the case. Bohold tl point to which our nuances have bee brought by oflioial swindlers and roi bers. The ring must be broken ar punished. The education or Responsibility. One of the most glaring of tho num rous inconsistencies that fill the Scol Maokey message is the foolish ai brazen effort to fix upon tho "opp ncnts" of the present Administrate the responsibility for tho prosont com tion of the State finances. This is E true.' ? It ia ridiculous. It is nttei f.ilso. Justas tho responsibility for t disorders in the up-oountry rest prin rily upon Scott's oorrupt administ tion, so does the responsibility for c ruined finances rest upou the sai shoulders. Hore is a Governor who 1 had for three years in the hands of party the full possession of this Gove ment-purse, sword, law aud all-o yet he talks of a minority being respi si bl o for our prosent desperato cou tiOu-despoiled cf our liberties, < prosperity, our money. Tho oppouo of your .administration responsible your finances!' Why, this man adds : pudence and audacity to corruption i weakness1. What are tho facts? In April last, bonds of tho State stood at sixty. 1 May Convention assembled. What that Convention do, financially apeaki So far from injuring tho credit of State, tho Convention wont so fur ac recognize tbe validity of the State el ns reported by the Comptroller-Gene If the bonds of tho Stato fell rup during the past summer, it was not cause of any action on tho part of tax-payers, but because the plague s] of corruption had begun to orop on tim rotten body of our Stato fina? and Wall street began to see what a of fraud was about to be opened. 1 folly for Gov. Scott to shift this resj sibility. As tho Charleston Keira soys: "The State Government, und the tax pacers, is responsible for all troubles, sooiul, political and fiuam which hayo fallen upon tho Stat South Carolina." Had tho State ref been fuir, capable aud honest, wo wi havo had ueither disciplining Ku IC ism nor financial scoundrolism iu Se Carolina, and Wo would now be iu enjoymont of our liberties dud im tries, and peace would havo rei? where Horco antagonisms now provo ??l-l, ?., _ *?* . _ uvaiainiSo OH i?iraUIl?iECilC? STATES."-all honest men would si is high time this unpatriotic foolery standing insult to tho. South < dropped from-tho vooabhlary of < gross. It is a Congressional lio to b with, and a slander npou tho Sont! people. There aro no "insurrectio States," and tho legislative falsehor kept np solely for the purpose of petuating strife, with tho belief Mi will help the Radicals to retain thel gotten power. It is thus that tho N iu one hypocritical breath cry, "P tod friendship," fiud in the next t calumnies against the Southern pei for the express purpose of keeping < ind widening the breaoh. Wo ll Fernando Wood for his exposuro of aean and cowardly polioy. A run of mineral paint lins boon tarthed uear Jerome, Iowa, whio rom two to four feet thick and twr Ive foot below tho surfaco. Tho GoVera<?^l?MaOht'Orv?J* Statement?. 1 Gov. uSeott, in Ilia massage, anya that j "tho ?700,000 o? bouda issued for tbe Land Commission form.the only potion bf the debt uotuully ?rented by ibo pre esnt administration, abd ' for ibid the State has un ample equivalent in the bunds purchased, which will ultimately repay both principal and interest." Most truthful Governor! Veracious Scott! What the faots? It is thought that the "(and purchases, coating about $700,000, would not now sell for more than $100,000, showing a net loss to the State of $600,000. Besides, it is supposed that, oven in the caso of lands, now held by the State, under the auspioeB of the Land Oommission, that the titles are, in many iustnuoes, defective. Aud yoi, mark what Gov. Scott has to Bay on this Laud Oommission swindle! It in said tlmt' King Obarles never sairf a foolish thing H nd never did a wise one. Of Soott it may be said that you eau oount ooither upou his words nor his acts. Tho Rev. Oauuou Kingsley remarks that our Saxon ancestors despised a liaV as heartily ns they despised a coward, and adds, that is the supreme heritage which thoy left to the England of modern days. We Cannot but regret'that the State o?loj?ls who have been so successful in deceiving us with their falso statements had not shared more liberally than they huvo iu tho-"supremo heritage" which the Saxons loft to the Eugland of to-day. ->? ? TUE SOUTU GAROMNA, RAILROAD COM? PANY.-We aro pleased to learn, says the Charleston Courier, tbat this road has succeeded in , purchasing tho control of tho Macon and Augusta Railroad. With the Greenville and Columbia Rail? road iu oue hand, and the Macon abd Augusta iu tho other, it opens up a path of euterpriso and prosperity for the future. For this action, Mr. President Magrath aud the company are entitled to nil com mon dat ion. Putting the iuoreaso of the State debt for tho past three years at $9,102,000, the iutcrost at six per cont, per annum on thia sum would be $546,120. That is, tho interest alone on the increase in three years is more than the average taxation for ton years previous to thc war. --?-??-? Tho Charleston IVews says that the County debt of Charleston amounts lo $142,000. Charleston answers our ques? tion before we put it. What say the other, Counties? We want the County debts throughout the State. In all tho estimates that we have seen of the State debt, nothing is said of tho County debts. This would swell tho volume of the debt a good deal. What do. tho County debts amount to? Will each County journal find out aud reply? 1 - ? m ? ? The State debt of North Carolina is at least $34,887,461. The war debt was $10,349,760-showing an increase, un? der Radical misrule, of $24,687,704. Pretty good for North Carolina 1 But we have bigger rascals than even North Carolina. When Purker was charged with swindling the Stute out of $90,000, in a Land Commission swindle, one of his friends denied it, and said that he bud made only $50,000. Only $50,000! Nuilee. As chairman of a meeting of citizens, ? held iu response to the circular of Gen. Hampton ?nd others, in relation to a State fuud, to be used iu behalf of tho eminent ooun?el engaged to defend the mcu proseouted under the Enforcement Act of Congress, and to test the consti? tutional questions iuvolved, the under? signed was authorized to appoint a com? mittee, to consist of two persons for each ward iu tho city, and for each elec? tion precinct iu the County. Tho following citizens are requested to act ns a com mit ten on subscriptions, to report to the chairman: Wunl.No. 1-R. D. .Seno, W. Press, j Browu. Ward No. 2-John Caldwell, J. T. j Sloan, Jr. Ward No. 3-J. C. Seegers, W. C. ; Fisher. Ward No. -1-Edward Hopo, Roland Keenan. Killian's-Eli Killian, John L?rick. Cump Ground-J. H. Kiusler, W. P. 1 Bookter. Gadsden-Warreu Adams, T. B. Wes? ton, j Garner's Ferry-Samuel G. Henry, J.1 J. Lucius. JOHN P. THOMAS, Chairman. WELT, SAID.-Tue following is nu ex tract from Mr. Stanberry's masterly effort : . ?, "Wo live io the States; we aro pro- ; tected by tho States. What surrounds ! mo, wheu I um homo or hore, but State law? That is over me, above mo, nnd aro jud me. Great God! have wo for- : gotten altogether that we are citizens of ; ! States, and that we have States to pro- i teat us? I am a Union mau, in every i aenso of tho word. I have stood by it always, and ?hall ata?d up forever for i ' the Union. I am against certain rirhts j < called 'States rights,' but such right? as I i them1, any one that invades such rights j , will find mo, from first to last, with his' itutugouiut. While I would not give to the States rights that have boun surren? dered to the Unitod States, I will fight, bo the last ditch, ngaingt Federal nsurpa lion, either through the legislative, ext - jutivo or judicial authority. Theso ure not political privileges; thoy aro per? sonal? sacred immunities, that attach to ns na individuals, and aro protected, bjl ibo domestio law. I hope to God never I J :o live in a country iu which tho laws of ! ;ho country, within its proper jurisdio- j J .ion, duos not protect mo iu the exorcise fl )f my rights uud privileges." f - j 8 Tho play of "The Robbers" was pro Iuoed atone of the Washington theater? j I ho other night, and it is understood i b hut tho Administration is about to huvo 1 li ho manager of tho establishment in liclod for defamation of diameter. I L.K?JI5L.ATIVE PROOEBSUIttOS . THURSDAY, DEOKMBER 7/1871; SENATE. ,fl?tfb?0?M The Senate assembled at ! 1*? M?./'anui wan called to order by the President.' ? ' ' Mr. Leslie, from the Committee on Contingent Accounts, reported favorably on the accounts of E. B. Stokes, Bryan & MoOarter, Republican Printing Com? pany, for stationery; as also, sundry aa counts against the Clerk of tho Senate; which were ordered to be paid. Mr. Smalls introduced a bill to abolish the salaries of the Solicitors of the Cir? cuit Court, and reduce the fees of the same; ?IBO, a bill to altor the law in re? gard to fences; also a bill to protect the State of South Carolina in the future management o? its bonds and stocks; w?ioh were referred. Mr. Whittemoro offered a concurrent resolution to authorize the Comptroller General to commen?a legal proceed in gl? and employ suitable oonuBol to recover from tbe State Finauoial Agent of the State of South Carolina in Now York, all the books, bouds, vouchers, ucoouutt and other papers belonging to tho HU?? State in his possession. Mr. Whittemoro introduced a bill tc abolish the offico of Finauoial Agent for the State of South Carolina iu Nen York aud London. Referred. A message was received from the House of ' Representatives, tequestinrj tho appointment of a committee of cou ference upon tho substitute of tho Se nate's resolution in regard to the ap pointment of a committee to exutniut and seo what moneys tboro aro iu tlx bauds of the Stato Treasurer; which wu; concurred iu. The following joiut resolution wa: t ak ?in up: Be il resolved by the Senate aud HOURI of Representatives of tho Stute of Soutl Carolina, now met aud sitting iu Geueru Assembly, und by -the authority of th same, That tho Attoruey-Oouerul of tin State of South Carolina bo, und ho i hereby, required, -on tho passage of tbi resolution, to take im med m?e steps ti secure the possession of all thu boud issued under an Act entitled "An Act ti create a debt of the Stato of South Cu rolina, to bo known as tho sterling fun debt: the same, or the proceeds tberuol to be exclusively used iu exchange foi or in payment of. tho existing publi debt;" which bonds nco represented t bo iu tho hands of the American Bau Note Company, New York city; aud th Attorney-Uenoral shall, upou seourin the said bonds, place them iu the baud of the Secretary of Stato for safe-keei ing, and report the samo to the Genen Assembly ; and the Secretary of Stat shall be held responsible for tho eal custody of the said bouds. After a very long and nui mated di ou8siou, participated in by Mesara. Whi teinore, Realie, Hoyne, Swuils, Haye Nash, Arnim, Smalls and Maxwell, tl resolution was pending at half past, o'clock, when the Senate adjourn* until 12 M. to-morrow. HOUSE OF REPRESENTATIVES The House mot ut 12 M., Speak< Moses iu the chair. Tho bill to amend au Act providii for tho assessment and taxation of pr porty, continued from yesterday, w taken up, and after considerable disci] sion, upon motion, tho euuctiug clau ol the bill was stricken out. Message No. 1 of bia Excellency tl Governor was taken up, und occup? the attention of tho House up to tl hour of adjonrnment. At 3, tho House adjourned until t morrow, at 12 M. - --- - - Tho attention of the County Comm siouera is called to the city guard hoot There is great need of additional c room. There is a vast unused space rear of the present colls, which co? readily be converted into six of these i eessary appendages. Look into t matter, Messrs. Commissioners. Wi a rapidly-growing cit}', Capt. Jacks requires additional accommodations. Coming back-Tho "Grecian bend. The last cup of a frolic ?H geuerully t hio-cup. We beg leavo to cull atteutiou to t committee appointments, published our issue.Of this morning. AU tho Cut ties of tho Stato are expected to do th part, aud doubtless will. Charles) has already mado up her contribute We feel sure that our County and c will do what their means will permit, a public-spirited move that looks to 1 maintenance under thc law of our he: ago of civil liberty and personal seenri Mark Twain recently said a gc thing about the Pilgrim Fathers. "'J reverend old chaps," ho said, "left th country and home for tho sake of h ing freedom ou n foreign shore, to en their owu religion, and ut the samo ti prevent other folks from enjoy theirs." The up freight tr.aiu ou the O reen v Road rac off, yesterday morning, ti Siluda Old Town, detaining thu do passenger train, which will not arr here u?til about 7 o'clock this moron Poiut lace ucok-ties distinguish N York fops from sano people. The Citizens'Savings Bunk lately p chased tho bank building in Abbevi whiah the branch at that point has bi for some time usiug ns a banking hon Price paid, $4,050. Sure way to torn people's heads late to church. Our enterprising towilHUluU, W. Monteith, Esq., recently lost his sti Factory, iu the fork. Thu dru was u< lental. The engine and one-half of material were saved. Another set naohinery is on tho way, uud wo lei mat Mr. Monteith-whoso motto "never say die"-will soon have daves again rolling from his saws. I1 51'OHS is tho word. SUPREME CouiiT, TiiuitsiMY, Dec? >er 7.-The court mot at 10 A. M. I ont-Chiof Justice Moses and Assooi 'usticos Willard und Wright. B. F. Massey, et al., respondents, f. Adams, appellant. Messrs. Kersli nd Conner for appellant. Mr. W'j or respondents. Mr. Mooro on ea ide. Slr. Kershaw iu reply. Alexander Garter, appellant, rs. D. Irowu, respondcut. Mr. Conner rt iriof for appellant. Mr. Wylio \ leard for respondent. At 3 P. M., tho court adjourned III ^riday, December H. THE UNITED STAINS' CIRCUIT COUBT j December 7.-The nourfcw convened at kW A.M.'; HOD. Hugh L/JBond fand Hon. fQeorge ?.tfryan presiding. 0;' . . . , Application for' bail in tho case bf tho United .States' V8. Bishop. Handifer and John Lit ? ?', for conspiracy uigaioat Bick ..Wilson, was m ado by I. D. Witherspoon, Esq Tlio application was granted, and the prisoner? gave bail io the sum of $3,000, with Edward Hope, of Colum? bia, as surety. Tho court delivered the following opi? nion on the motion to quash tho indict? ment iu tho case of tho United Statears. Allen Crosby cl al., for conspiracy against I Amzi Kainoy aud for burglary. . c" After tho prolonged and vary able ar? gument of counsel upon this motion to quash, wo feel embarrassed, gentlemen, i that upon so little deliberation we'oro to I puss judgment upon the gravo questions raised'h?re. But tho fuot that HO maby i persons aro now iu confinement upon theBO charges, und that so many wit? nesses aro in attendance upo? ike. court, at grout personal ox peu se, makes it ne? cessary that wu should ubi delay longer. Aud tho first objection to tho first couut in the indictment is, that the soc ttou of the Act Of May 31, 1870,' which this court charges tho parties with con? spiring to violate, declares nopoualty foi the offence. , The first sect iou of tho Act declares a right. It is. referred to io, this count by its mi ruber, abd with sufficient certainty< it ace ms to' us, to enable tbe partie* charged, after trial, to plead the verdie reudered in this caso iu bur tb uuothei I indictment. After declaring tho right the statute proceeds, in Section 7, to de line the punishment for its violation. I is uot necessary, it seems to UH, that eacl section of the Act should ooutuiu ut iti close the penalty for its infraction. Thu is ofteu, as iu this statute, referred to i I later uud generally to tho closing secttoi ! of the Act defining the orime or oftbuce j uud is made applicable, to all thu uute i cuudoul sectious. It is objected, more I over, that this count does not cou tail I the uames of the purtles who, being eu I titled to vote, wore to bu hindered um I prcveuted fruin the exercise of thu elec i tivo franchise by thu traversais. It mut ?be remembered that, this is md au in j dictniout to punish u wrongdouo to it ; dividuals against the peace aud diguit of tho United State?, Gut for a i'j?usp racy to do the wrong. Tho oiTeuce i completed thu moment the compact i formed, whether any person within th cont em plat ion of tho first section in actually been hindered or. not. If th traversera never committed uuy overt ac hut separated uud w out home after th completion of tho conspiracy, they ba\ incurred thu penalty which the seveut section prescribes. So it makes uo di terence what purtioulat person tho coi ?piracy, when put iu motion, fir reached. The act complained of is tl conspiracy, and if it he true that ut person was hindered or pi evented fro thc exercise of the right granted by tl first section, such h indra OOM uud pr veutiou is only proof of tbe eouspirue and does not, in anywise, tend to mal tho crime moro c?mplete. It is generally sullicieul, iu charging statutory o Hence, to set it out iu tl 1 wards ol' tho statute, i If the statute uses a common lr i uamo for a crime which it proposes j punish, the indictment must sut for ? tho various ingredients of tho er? 1 which go to mitkoup thc offence ut cot j mon law. But when tho atutute its creates the offence, anti deli ties it, it sufficient if the indictment use the wot of the statute, unless tho words be int ! tinite and vague, ambiguous or geuer j iu which case tho indictment must particularize the net complained of tl tho party charged shall he iu no doti of thc offence alleged against him. The certainty required is that whi will entibio him to plead tho verdict j bar of uuy futuro nctiou. It is alleged iu this count that t I conspiracy was to go iuto op?ration j an electiou not'yet hold, to wit, tho th Wednesday of October, 1872; arid it objected that this is uot sufficient, j That tho right lo voto is not a ci I ti hui tig right, but exists only at'the ti of its immediuto exercise. It would strange, indeed, if parties could uwt punished, if it bo necessary to pun them ut all, for any offences hut tu ? committed against this Act, ou elect; 1 day, und in tho direct exercise of i j electivo franchise. Tho usefulness the Act of Congress would ho on tir ! frustrated by auy buch requirement. ? mun muy be so effect nully intimida i weeks indore an electiou, that ho wo ' not dare to go within a milo of tho pu ' aud all tho mischiefs the Act is intern I to remedy,Would flourish, and no. j uishmout could be awarded them, un ! this construction, because tho right j vote is not a subsisting right, but i which recurs to tho citizen bu elect ; day. We do not so hold. Tho u n cor tu'i u ty whiah tho bb : leaves, as to w'h?th'o'r this Vus a SI election or a 'Federal, 'is iyged us'fata The indictment eli urges tliiit Ibis a conspiracy to violate tliu first sect ' of thc Act. This s?oiio? declares t all Citizen? shall bo allowed to vote ul elections, who ure qualified by luv ! vote? without distinction of race, co 1 or previoiis condition of 'servitude. Congress never has asstrued the po to prescribe tho qualifications of vo in thc several S tu (cs. To do so is entirely with the States themsel But tho Constitution has declared I the States shall make un distinction the grounds slated in this first scot j ami by this legislation Congress bas deavored, in a way which Ooug thought appropriate, tochforcoit. 1 this Act of appropriate legislation,; tho first section ol it, wiiiuii tho deft ants arc charged with violating, uud think it makes no difference ut M election, 'whether it he Statuer Fede he is intimidated or hindered from vol because of his race, color, or previ condition of servitude. Congress may have found it diffi to devise ii method by which to puni; Statt?, which, by law, iiisdu such dist bon, uud may have I hough t that legi lion most likely to secure tho ont view, which punished the itidivii citizen who acted hy virtue of ii S law, or upon his individual rcspo bility. If tho Act hu within the sc of tho aineiidmenl, omi in tho linc oj purpose, Congress is tue solo judge its appropriateness. The next objection, which is timi count does not set forth tho qualifient of the voter, is sufficiently answered, think, in the remarks wu have made speeling the requirements of ind ic tim setting forth statutory offences. WO ure of opinion that tho sec iotint of thu indictmujit i* hud, been it'dfd not ullogo Hint \mv.i 1 {niney ! qualified to voto; and for another re^aon, moro fatal, that it all?gea the right of Bainey to vote to be a right and privi I lege grunted to him by tho Constitution I ot tbp United States. This, as we. have I shown, is not so. The right of a citizen I to vote depends upon tho law of tho I State in whioh he resides, and is not ! granted to bim by the Constitution of i tho United States, nor is snob right guaranteed to him by that Instrument. 1 All that it gu ?rantees is, that he shall ? not bs deprived of tho suffrage by rea? son of his raoe, color, or previous condi? tion Of servitude. The third count is a repetition of the second, with a clause'sotting out a charge of burglary. Concerning tho .'court's ju ? risdletTon' over snob charge, the oourt ie divided in opinion, and will, therefore, make no comments on it at this time. "' The fourth count is obnoxious to the objection that neither the citizenship ol Bainey, pur tho faot of bis qualification I to vote;* ls'set oui. , j The fifth couut repeats the charge contained in tho fourth, with tho addi ? tionjtl clause coudai bed* in the third count uud 'thii.court refrains from noticing it, for tito reasons given as to the thin cu/i nt ,,L ; ' ThPpfkin.ooaut ii intended to ohargi a Ic?msptrricy' ' to Oppress Bainey fo ! baVing. prior' to 1st February, 1*871, ex ' (ircised tlie Tight Of suffrage, and wouh j bo'good, if it were drawn with the par ticiu?rtty of tho prior couut, whi?l charges a conspiracy to oppress to pro veut tho futoi-e exercise of tho right. I does not, however, cootain any allega ti?U of the faot of qualification, nor tba tho party was entitled to vote in Yorl Couuty or anywhere else, or that he eve exercised his right to voto. The seventh couut is a repetition o tho sixth, with the charge of burglar added, us in tho third count. Tho ci gli th count alleges a con sp i rac, to prevent uud hindor Kai ney from th exercise of a right secured to him by th Const it'.d ion of the United States, whic it defined to be Ibo right to be secure i bis person nud papera against uureasot able search. j The article iu tho Constitution of tb Uuited States, to enforce which thi count is supposed to be drawn, baa lon ? beeu decided to be u more reatriutio ! upon the Uuited States itself. Th j right to be secure in one's house is not j right derived from thc Constitution, bv. ? it existed long before tho adoptiou c j the Constitution nt common law, an 1 cannot be said to come within the moor, iug of the words of tho Act-"righ C1 rivilege or immunity granted or secure ^ y the Constitution of tho Unite States." Tho ninth couut is entirely too iudel nile, uud tho defendants could not poss o'y know from its language with win ! ofl'onco they were charged; uud the san ! objection is valid as til the tenth couut The oleveuth and lust count of the ii ! dictuient charges a conspiracy to i ii j ci : I Rainey, because ho had previously Vote i for a member of Congress Wc have r J doubt of the , T of Congress to inte fere in tho prou?'i:on of voters nt Fed I ral elections, aud mat that power exist? before tho adoption of either of the r Cont umendments. It is a power ncce j Sa ry to tho existence of Congress, ai j this count seems to set forth the char' ' with Huflicieut perspicuity, aud is u j liable to the objections urgod against i I Tho motion to quash is ovor-ruled, I to tho first und eleventh counts of tl indictment, aud sustained aa to tl others, excepting mich as tho court divided rcspectiug. Mr. St.inberry snbmittcd a certifica of the divisiou of the court- ou tl points named in tho decision, and i quested tho signature of tho court, order that it might be scot uput once the Supremo Court. Mr. Corbin c jected, uud stated that tho GO vern me I would enter a nolle proseque as to t j connti upon tho validity of which t court was divided. After considerable discussion, it *n agreed that a similar certificate of di sion should be sent up in a cuse to culled to-morrow, aud to proceed at'on to tho trial of thu case iu hand, j Mr. Corbin stated, that as the d?fera expressed their iutention to saver their challenges of ibo jurors, ho wot i suver iu tlie trial, and Wohld lirat t Sberod Childers. Tho prisouor wnu'i n.igned, and plead not guilty, 'X clerk then proceeded to empanne! t jury. The uame first called was Andr ' N. Curtis, colored, to whom the prisoi objected. Mr. Corbin denied tho right of pereu tory clfillengu to panties iu tho Unit States Court chargea with offences. 1 than capital felony, citing as authorit tho case of tho Uuited States rs. Jo -, '2d Blackford, 170; United Sta vs. Reid, 12th Howard, 305; Unit States vs. Shepherd, Abbott's Bepoi 1st vol., page'435. Tho defence repl that all tho decisions'referred to'w made prior to thu Act of Congress 18G5, where it is enacted that in all ca of h.lomos less than capital aud mis meanors, ?*herp tho right to perempti challenge "bow enisle," tljp accui shall be entitled to ten peremptory cl longes, aud the Government to two; a oiling as authority 4th Wharton, sect: 2,058. The poiut of difference was : interpretation to bu placed upon words of tho Act of 1805, "where right to peremptory challenge now iatti." The counsel for Iii o Uovernm muiutuiiuul tjj.it as the current, of all decisions oited showed that prior o Act there was no right of perempt challenge in such cases, that portion the Act was simply nugatory. The feuce held that ibo laws of the St wherein tho offence was committed v thc common ?aw determined the righi challenge within the meaning of the A Judge Bryan, for tho court, stu that tho question was ono of very gr importance, involving ono of the hi est rights of the citizens; and as court seemed to bo coin [?tilled by decision iii the 12th Howard to a v severe decision, they desired to take 1 Iber time to consider the question; thc fore, would adjourn until to-morrow, 11 o'clock. TUB UNITED STATES DBUT STATEME Tho December statement makes the ti debt 82,248,351,307, less 8106.380.14J cash in tho Treasury, a dcoreano of i ?62,080.18 for tho month, and 872.4.' 704.07 since March 1. There is 8-li ?586,077.36 of the uggrejate that dn no interest, lt will be observed in o licet ion with this statement that I'lensury has just, called in 81.125,00 ibu Ihiee per cent certificates, of wh Lhere were 823,190,000 out ut tho ti >f the statement. Tho receipts fr ntcrmil revenue for November, aro t riven at 80,611,827, und for so much ?io fiscal year at 857,208,081. 'J L'aciiie. Itailrotul remains heavily beb mud. i'he r?Mivc ft*oIley?~24<tter ire sa. JcS?jl (lu?ntF Adnmi Warmly Appro vi og It,J Tho Hon. John Quincy Adams, of Massa ch us qi ta, lias .written a letter, which appears in tho St.; Louis. (Mo.) Republican. The letter warmly approves the so-called passive policy of tho Do moe rats in the next Presidential eleotion. In the course of the lotter. Mr. Adams says: T am satisfied suohaoourse will be wise and patriotic, and should be glad to see the Democracy oononr in such reao iutiou. I regard the present adminis? tration as a national calamity, and its dootinuaooo should ba averted at any saorifioe, not because Republican in poli? ties, but because it is mean in character, sordid in tone, uudiguoraut, oorropt'?nd arbitrary: because moro than any ad mi-, oistrution we have bad, it has disap? pointed the hopes and deadened the generous aspirations of the good men ol al! parties- because it is doing more to permanently disunite the States than tbe govern meut ot Jefferson Davis ever did; because its chief conceives there is no meaos for a free government but milita? ry force; no public aotion but private profit. Four years more of such educa? tion, family patronage nod martial law, wilt so blunt the keen sensibilities of popular liberty that our ignoble incubus might well remain a fixture. Now, I believe the Democratic party to be powerless alooe to relievo us, and f think it is wjth?ot hopo of carrying the next eleotion. No doubt,' if the votes of auy Slates lately in rebellion ere necessary to elect a Democratic candidate, they would be thrown out jo the counting. A mere majority, even could it be mustered, wonld not be per? mitted to elect a Democrat for next Pr?? sident. Nothing then remains but oivil war or submission to tho usurper, and it is difficult to decide which alternative will indict the more irreparable injury j upon the habit of free goverumeut. - ToJ dismiss an iucompeteut official and avoid a governmental crisis, the Mis .souri policy offers the only reasonable possibility which has beeu presented; [but while I frankly avow a partiality for the object, I do uot blink the very seri dus obstacles to its adoption. We must subdue the pride of party and break tho, hounds of party disciplino. There arel few more obstinate passions than the] sentimental'devotion which men offer to] the vague abstraction, party glory; uot. many creeds, including theology, which are as despotio as "platform." It will be a difficult task to bring a party, yet glowing with recollections ol a mighty past, and but now burning with anticipation of a great future, to yield the head of the column and the com? mand of the field to lillies, who were but yesterday enemies. Nor is there auy strong guaranty that these allies will not tliucb at tho last. Party leaders are sel? dom famous for high moral courage which can abide uushakeu the stern pressure that forbids a rupture of party ties; but if they dare fling down the gauntlet-duel to death with the Presi deut, it might be possible fur the Demo? cracy to rise to the height, where humili? ation of a partisan in lost in the satisfue tion of a patriot. But it is charged that! a sacrifico will bo iu vain, or worse still, | it' will surrender tho whole scheme ol j Democratic liberty, hare aud bound, to, its enemies. I do not so forebode the j event, and cauuot believe that a protest, against a dictatorial government eau be weakened by joining with a band which! deserta it because it is hostile to civil! liberty, aod which will compel the eue mies to corruption in office to disband,! because they unite with those who havel sickened and turned away from the sight! of corruption. Cau friends of the Cou-] stitution preservo or protect it more1 strenuously than by refusing to hold up their hands, who have forsaken their own friends rather than defuca it further. It deems to me, on tho contrary, that the strength of the support which this movement would bring to the rescue of i the principles of Democracy would be in exact proportion to the severity of the. blow to the pride of tho Democratic; parly; for these principles mast be dear,) indeed, to men who oan abandon for' them no ancient and honored name, and uot less precious to those who dare, follow them, even through tho acorn, enntempt and obloquy which awaits po ! litical treason. 1 ! The New York Nation, ol Novemher? 23', 6ays: j. The South Carolina bonds have sunk)] to 20, aud Qovernor Soott now au- | nounces calmly that he believes our nidi; friend, Niles G. Parker, the Stato Trea-| suaer, hus been guilty of - fraudulent jj issues; while Niles and his friends say! that the Governor and his friends have been telling lies about the State debt, and making it appear smaller than it really y/as, for political purposes. In tho ineautime, the Treasury is com-' pletely empty; the tax-payers of thc t State are calling loudly for repudiation,!( ind nobody doubts that the ring has1; committed, either in New York arl, Charleston, or both, enormous frauds:I] Wo predicted repudiation more than ul pear ijgo aa the likely result of the ope-1, rations cf thu disreputable band who;,, lonah tu ted the State government, but1; we sincerely trust that the decent people; j jf South. Carolina will now find somei >ther wuy out ot their difficulty, for re-'( uudiation is a process which, once be-:, ?un, rarely stops short at debts frauda , outly contracted. lu the meantime, w* ] nico more call attention to the fact thal!j ho majority io Congress uud the Admi-i ?list rut lou have no remedy to .offer for, j Lhis deplorable statu of things, except < ho suspension of the writ of habeas cor- \ ma, and cavalry aud artillery, and the; Administration organs still ask us to be- j j iovo that, if wo only "proclaim" Ooun-' i les enough, and send down troops f foooghi and let Hnott ??nd Parker go oui dealiug quietly aud securely, all willic iveutnuliy bu well. f -i + +>f- !1! Gen. Grant docs not seem to think f hut the la tvs were mado for his obsorv- c .nco. Hu has sent his sou. Lieutenant ( ?Imut, of tho army, to Europe in a shiplD ?f war. There is uo complaint about hat, but it is a grave offence that in r ?riler to do so ho him deliberately broken i ho law of thoduud, which provides that ^ -no subaltern officer shall have any leave T absence until he shall have served r t least two years with tho company to j .liich he might bo attached." j, - . - - - |t, A Mrs. Williams, of Knoxville, Tenn., j jmuuuibnlsted with un infant child inL er arms ono night hitit week. She fell j i a cistern while asleep, and, cu being t( [?soiled, was heiself dangerously injured f| nd her child killed. |a Marriage is come to be looked upou avo? uch a temporary arrangement iu Indi ?ai na that justices fees for tho ceremony a ave boen reduced to twenty-five cents p >r steady customers. C -ior . ? - ? . tm?. /? j ? ?,-I F-o re?an * ll? lr si LONDON, December 7.-The Pr i coe o? Wales is steadily improving. The Republican meetings at Birming? ham and Beading viere disorderly* Xbe Beading meeting broke np in a row. . .. Sir James Yorke Souollett, Lieu te? nant-General of the British army, io dead; aged seventy-two. i;, .;, PABIA, December 7.-A ? message from Thiers an non noes that- ha baa notified Great Britain of the intention to- abro? gate the treaty of commerce at a stipu? lated time, but will continao negotiation? for re-adjustment. ; .\ -fjL The Figaro says orders have boen seat to Cherbourg aud Brest ta prepare ffss HSIS for. o cruise about the eosafe .of Franco, to prevent another return from Elba- , , . .: The appointment of Jules Perry, aa Minister to Washington,.Aa officially MI uouuoed. , . , ./ ' -1 ??' American I BI eil see bec. v WASHINGTON, December 6.-Cb? iff(, Williams, of Oregon, succeeds Akermat: as Attorney-General. Hon. Phillip Claytou, of Georgia, yes torday, drew from thia Interior' Depart meut 8275,000 of agricultural ooll?g? terip for Georgia. Clayton left. las night. '." SAN FBANOISCO, December G.-Sever? storms throughout Oregon.. ". , ' ' 1 The People's Insurance Company'ha ooll?psed. The Pacific ?hs?fatic? y?'m pan y is tottering. " ' ' J \ <\ T NEW YORK, Decorriber G.-^Tue,:??r commissioners will purchase twelve firs class engines, on the ground that' th present force ls inadequate in case of great conflagration. The. Grocers' Board of Trade agree to tako legal measures against the uhjp* exactions on commerce by tho heall Authorities, and to memorialize Congret ag Ai net bonded warehouses. The prisoner who was frozen' tb deat in the police station was Nowkirk, r< oently manager of Vau Amburg'a mein gerie. OMAHA, December C-Western pai seagers, who left on the first of Deoeu ber at Laramie station, say it ls DC known how soon the road will be olearec rUe weathor has greatly moderated, great number aro reported frozen I death West of here. NEW OBLEANS, December G.-Th?' S> nato elected Pitichback (colored) Pres dent on a vote of eighteen to sixteoi Che election is regarded as a victo! over tho Warmouth faction. MATAMOBAS, December 7.-Two da; severe fighting resulted in the rebel ? oupation of Saltillo. The revolutions ire apparently gaining ground. ' A e cond rebel loan bas been exacted ut Mo torey. Many foreigners closed the houses. The Mexican merchants 'a compelled lo pay or enter tho ranks. WASHTNOTON, December 7. - T HOUHO is engaged on postal affairs. T Senate 1B discussing whether the w nesses which placed the Ku Klux Coi mittee in contempt shall be arrested concurrent resolution, or by action the Senate alone. NEW OBLEANS, December 6.-Yelh fever deaths this season 23. The' fl death occurred August 4, and tho h December 4. A heavy frost this we extermiuated the fever. NEW YOKE, December 7.-A drunk man fell into au area and froze to dea< last night. The'Direotors of the Union OluV i pelted Mayor Hall, for alleged oonn tion with the ring frauds. Thc Trihi says the grand jnry will indict ono bi State official and a large number of c officials, for bribery and corruption. HAQEBSTOWN, MD., December ^.-l Episcopal Church and court house'w burned to-day, and several persons kil by the fulling of the dome of the co house. The records were saved. 1 wind was high. The fire continued last accounts. 1 HALIFAX, December 7.- The *(g along the const of Prince Edwai Island prostrated fences, trees, hom two chu relies, the telegraph lines, r wrecked two vessels. 8PBINQPIELP, MASS., Deoember *J Wm. Stowe, for fourteen yenrs postee ter here, and six years Clerk of Hous6 of Bepresent?tiv?s, in dead. - WASHINGTON, December 7.-Th? f retary of the Treasury issues a no that on and after the 7th of March, li the prinoipal and accrued interest on Ire-twenties, coupon and registei known as second aeries, under Aol February 25, 1802, will be paid at Treasury Deportment. The amoun jonds 820,000,000. Frederick A. Marden, chief of livisioo of accounts in the Treaaui jtfice, was arrested, to-day. The rernment is 812,000 short. Marden Massachusetts man. The Senate committees show ibangea iu chairmanships. Alcorn' seeds Spencer ou the Mississippi Lj Jommittee. The other ohanges are m portant. Both Houses ad j our nee Monday. Proceedings unimportant There hua been another def aleut i o Treasurer Spinner's office. .'? Beth Ji ion, paying interest teller, is a 350.0(H). He has been speculating, s a New York mau. SELMA, ALA., Deoember 7.-The J ?ii I tural Congress, nf ti r an int?r?t ind important session, adjourned; lay, at 3 P. M., to meet in St. Don May. B. J. Spnrr, of Ky., was ele permanent President. HAOEUSTOWX, MD., December 7. ire was extinguished soon afti i'clock, this morning. Loxa of the C JouBe, 850,000; church. $20,000. QtiEDE?!, December p.-Thermoo wenty-two degrees below zero; ec cen below at Ottawa. The la}? rozen for many miles. BOSTON. Deoember 7--A meetir itizeuB of Cape Cod to consider tb ects of the Washington treaty upoi isheries, resolved to petition Con or liberal protection; otherwise, th? upation will be destroyed. A ooq ee wus appointed to oo-operate aeetings nt other-points. PHILADELPHIA, December 7.-Thf endered a verdict of guilty against \ Maroor, in five counts, for the lezzlomeut of public money. ST. LOUIS, December 7.-The Nal {?ard of Trade appointed the 'uesduy in Ootober for its annual i [ig, and ameuded the constitution 9 enlarge the number of delef 'he President of the Board of -Tri ii o Dominion of Canada was in trot 10 hoped the consultation would l i the benefit of both countries, b, roost interchange. A committee ppointed on resolutions asking th eminent to guarantee Louisiana, seippi and Arkansas bonds tc mount of 825,000,000 for levee oses, whioh were amended to ta: ountios benefited.