The daily phoenix. (Columbia, S.C.) 1865-1878, September 14, 1865, Image 2
COLUMBIA.
Thursday Morning, Sept. 14, 1865.
Sleeting of the Convention.
Thc delegates to the Convention
assembled In full force yesterday, at
12 m., at the Baptist Church. "Very
few of those elected were absent, and
we presumo that all of them will be
present to-day. The assembly pro
* ceeded to organize by calling the Hon.
Franklin J. Moses to the Chair. The
several Districts and Parishes were
then ended, and the members enrolled.
A question arose about the representa?
tion from St. Luke's Parish. From
this Parish a single member was to
be elected. There were separate polls
held, and, it appears, two separate re?
turns. The scat is accordingly con?
tested between Messrs. Youmans and
McGregor. A debate ensued as to
which return was to be received. In
the debate, Messes. Aldrich, Orr, In?
glis, Dawkins and others participated.
The result was, on motion of Mr. Al?
drich, to set aside, for the xiresent, the
returns from St. Luke's until a full
organization of the Convention. The
question seems to involve no difficulty.
In one ease, the regular managers of
elections, as appointed by the Legis?
lature at its previous sessions, accord?
ing to thc Constitution and law, pre?
sided as tisha! ; in the other case, as
we learn, the managers were eonsti- j
tuted sui generis, of their own head,
and without authority of law. It wfll
T be remembered that managers are
usually very carefully appoitited by
^the Legislature, and certain securities
of character are required, under tliV
sanction of the delegates from eacn
District. Were it otherwise, Tom,
Dick and Harry, at every precinct,
might hold elections, and the result
be anarchy, if not something worse.
The members ol the Convention j
being properly enrolled, with the one
exception referred to, the Assembly
proceeded to the election of a Presi?
dent. Various persons were nomi?
nated-the Hon. Judge Wardlaw, of ?
Abbeville; Mr. Dudley, of Marlboro;
Mr. Solicitor Dawkins, Gen. Wade
Hampton, and perhaps some others, j
Gen. Hampton was not present, and j
we are doubtful, if, considering the
embarrassments in the way of com- j
munication, he luis been yet apprised
of his election "as a member. His j
more immediate friends declined the j
9 nomination for him. We learn that I
Judge Wardlaw was also unwilling to
serve, and Mr. Solicitor Dawkins de?
clined in person. The result was that
Hon. Judge Wardlaw was elected.
We were pleased to. encountw: i
among the delegates many esteemed
friends and highly honored citizens of
the State.-pleased to discover that,
in spite of events, to use the dying
words of Daniel Webster, they were I
still living. Ex-Governor Piekens j
looks as hale, happy and assured, as j
if retirement from public life was
escape to Paradise. Mr. Orr and Mr.
Boyce are both Evidently possessed
of more vitality than the'Confederate
cause; but, not to enumerate, lest Ave
be invidious, we were rejoiced to see
that most of our leading men were in
good c:ise, and by no means de?
spairing of the Republic. His Excel?
lency Governor Perry arrived in
season yesterday, and will, no doubt,
furnisli an elaborate Message to tile
Convention to-day, when the main
business of the session will begin.
The reader will see, in our report of
the proceedings cf the Convention,
all that Vi e have need to say on this !
subject, and, for the present, we for- !
bear all comment. With this report, j
the official journal and the communi- j
cations which occupy our pages, the
editor is measurably suspended. Nor
is it necessary to hear from him, while
the Convention is so busily engaged
with so many vital topics. He will
hold himself in reserve. The pros?
pect is fair for the Convention being
in session here ten days or more.
At a late hour, last night, the j
Committee had under consideration
the disputed representation of Sf.
Luke's, Mr. Orr being chairman. The
evidence was copious, but, we hope, j
for the sake of the Committee, not
interminable. j
V
[For the Phoenix.] ?
An Outrage Several Times Repeated.
The persons, owners of dead mules,
and horses carried from town, and
left unburied in flie vicinity of resi?
dences on the Asylum Hoad, ?re, by
this communication, notified that the
repetition of such trespass will subject
them to prosecution.
Expedients lo r*A li o ll.chilis; Slavery.
1st. The Proclamation of President
Lincoln.-This proclamation -was de?
fended by President Lincoln as a war
measure. The United States wanted
soldiers; but United States soldiers
could not be made of slaves. In
order to make use of the slaves as
United States soldiers, it was neces?
sary to emancipate them. Hence, to
increase the army of the United
States, for carrying on thc war, the
proclamation emancipating the slaves
in the South was put forth.
Putting aside this measure as a war
expedient, limited to the soldiery
merely, President Lincoln could have
no authority to emancipate slaves.
The States in rebellion were not out nf
thc Union. Secession wns illegal and
void. It was an attempt to do what
there was no right to do-and of
course could not alter the institutions
of a State. Nor could it confer any
authority upon President Lincoln to
emancipate slaves generally in a State.
President Lincoln himself, in his in?
structions, written by Secretary
Seward, to the United States Ambas?
sador in London, distinctly disclaim?
ed having any authority to abolish
slavery in a State. It was on account
of these views, we presume, that the
Democratic Members of Congress de?
nounced President Lincoln's Procla?
mation, when it came out, as uncon
'stitutional.
2d. The shires are "captures ot
ifand," and, therefore, are emanci
pated by the military orders undei
the United States authority. This i:
the ground taken by Governor John
son, the Provisional Governor ove]
Georgia, and of Governor Sharkey
the Provisional Governor over Mis
sissippi.
The Constitution says, " Congres
shall have-power to make rules con
cerning captures on land and water.'
Congress fulfilled the duty which tin
Constitution herein prescribes, and
many years since, made "rules con
cerning captures oh land and water.'
lint those rules do not embrace slave
in the States, nor do they camode
slavery in any respect. Captures re
late to property. The population o
a country are not "captures," and i
they were, Congress alone, under th
Constitution, can determine what an
captures, or make rules concerniu
them. The military orders, therefore
based upon the presumption that th
President has the power, by the Cor
stitution, to determine that slaves ar
"captures on land,'7 and to make rule
concerning them, ure based on no cor
stitutional authority.
3d. The. separate action of the Statt
in their l?gislatures or conventions, an
this, after all, is the expedient on w ilie
the United States authorities rely t
accomplish the object of emancipi
tion. There are two propositions no
pending to abolish slavery throng
the action of the States. The first
the resolution passed hg the Congress ?
the United States id its last session, pr
posing to amend the. Constitution, so ?
to give to Congress the power to abe
ish slavery in the States. Accordu:
to the Constitution, three-fourths of t,
legislatures of (tte States must vote f<
the amendment, or it will fail. At pr
sent, twenty-five States have voted f<
this amendment to the Constitutio
and three against it-New Jersey, D(
aware and Kentucky. If all the Sont
ern States now un (?cr the milita
domination of the United States, vo
against the proposed amendment,
must fail. Anti supposing it exp
elient, that slavery in the Southe
States should be abolished, it cou
hardly be wise to give the Congress
the United States the power of abi
ishiug it. The abolitionists of t
North in Congress would make.
"code noir," and use it as a pr?te
to keep a military despotism over ,
Southern ?States to enforce that, coi
With such a power "in the (rene
Government there never could be a
freedom in the South. The course 1
peace and safety is to do as Dehnva
Kentucky and New Jersey have ?loi
to reject tue proposed amendment
the Constitution empowering Ct
gross to interfere with the abolition
slavery in the States. .
.1th. The ot^er expedient for al
lishing shivery hy the Stales is for i
States to do it through the Conventi
ordered by the authorities of t
United States. Ii slavery is to
abolished, it is clear it can only be !
dine safely aiid wisely by the States, j
and exclusively by their authority. So
far as the proposed amendment of the j
United States 'Constitution to accom
plish it is concerned, that is an affair
for the Legislatures of "the States, j
Tlie Convention ought to have nothing
to do with a matter already, by the
regular course of the Constitution, j
committed to the Legislatures of the
States. But may not the Convention
in each State decree the emancipation
of the slaves? Of course they can; j
although they are not called on to do j
so by the oath prescribed in Presi?
dent Johnson's proclamation. That
oath is "to abide by and support"
President Lincoln's proclamation de?
claring emancipation. One may abide
by and support a law without urging
further legislation concerning it.
Every man who takes his seat in our
State Legislatures, or ?n the Congress
of the United States, swears to sup?
port the Constitutions of the respec?
tive States and of the United States.
But does this oath obligate him to
alter the Constitution of the State or
the United Stites? Does the support
of any law require one to vote for
amendments to it, which others may
deem it expedient to ofter? Certainly
not. To support a law or constitu?
tion, may mean mendy that you will
abide by it, and will not violate it
yourself, or aid others in violating it.
This is all that all the oaths contain?
ed in constitutions require of legisla?
tors. The oath required by President
Johnson's proclamation, therefore,
does not oblige any member of a State
Convention to pass au ordinance abo?
lishing slavery. As to the intimation i
that unless the Conventions abolish
slavery the States will not be admit- ?
ted into the Union of the United '
States, it is unnecessary to trouble j
ourselves. Tin; Conventions are as- ?
sembled to return the States to the '
Union, by an expedient and form ;
which the authorities of the United |
States haye themselves ordained. If
the States re-adopt the Constitutions, ;
with which they have been heretofore
members of the Union, they cannot
be rejected. We have not a doubt j
they wid be admitted.
SERIOUS TROUBLE AMONO THE XE- '
GROES.-A correspondent of the Balti?
more Daily Gazette, writing under dato
August 30, furnishes the following: i
Last night the whites were consid- '
crabby startled by erK>s of "rally," .
"tum out," &c, and they awoke to !
find some four or live hundred negroes
armed, marching up and down the
streets, and stationing men at their
doors to prevent their egress. The
negroes were provided with weapons
of all kinds, muskets, carbines, pis?
tols, <fce., and were firing up and down
the street, whilst large crowds of them
in the centre of the town were listen?
ing to a speech of one of their num?
ber, and greeting him with frequent ;
cheers. They kept it up until day
light, and finally wound up with cries
to the effect that they had "cleaned .
out" the d-d rebels, and Arith threats j
as to future and similar action. The
whites, of course, anticipated violent
scenes, anti the few that have any
arms were obliged to be on the wateh
inside their houses all the night. No
troops were sent up from Fortress
Monroe to put down the riot, and the
small provost guard stationed in the
town was of no use whatever, and
made no attempt to quell the disturb?
ance, but only added additional vio?
lence to the scene by its drunkenness
and quarreling.
Although no one was injured, still
these proceedings show that the ne?
groes are armed, organized, and dan?
gerous. Many of them have been in
the service and are able to use their
weapons with effect. Of course the
white people feel very insecure, and
as but few have any arms, and being
in proportion to the blacks ns but one
to one hundred, are at the mercy of
thc latter.
SERIOUS STABBING AFFRAY IN MO?
BILE.-Yesterday morning, in the of?
fice of the Battle House, Mobile, Col.
diaries Forsyth, son of the Mayor of
Mobile, stabbed and cut Signor De
Veyga, formerly of Gen. Maury "a staff'.
The assault'occurred in this wise: For?
syth accused De Veyga of seducing his
(Forsyth's) wife, whereupon De Veyga
slapped Forsyth in the face, when
Forsyth stabbed and cut De Veyga so
severely that be is not expected to re?
cover. Mr. De Veyga is a native and
citizen of Havana. He served for
some time, however, on the statt" of
Major Gen. Maury, while that officer
was in command of Mobile. He had
just returned from Havana.
_ ?Mobile News.
It is now thought that there will be
very little confiscations at the South,
ii' the law officers are forced to prove
the disloyalty of tho owners to the
satisfaction of Southern Courty.
Letter from M aclu mc Levert.
The Mobile Tribune, of the 24th,
gives publicity to the following private
letter from Madame Levert, of Mobile,
now temporarily stopping in New
York:
FIFTH AVENUE HOTEL, Aug. 6,18G5.
DEAS FBEESD: I write to tell you of
our safe arrive! here, at this magnifi?
cent hotel. We had a most delightful
voyage tojfc?ew York. There was not
a wave sufficient to rock the immense
steamer, the North Star, or a cloud tc
dim the sunlight during all the weeks
of Our sea wanderings.
I find New York full of Confederate
officers, (many just out of prison.)
They are most kindly treated here.
At a superb supper party giveu to us
by Mrs. T-, there were five Con?
federate Generals-Marmaduke and
Wheeler among the number-ant!
colonels, majors and captains in pro?
fusion.
The Confederates are dined ano1
supped by the very men they fought
j against. Every one expresses th<
highest admiration of thc Confede
rates, and I have not yet heard on<
word of bitterness against the South
Two publishers called on me, hearing
I intended writing ''Souvenirs of the
War." They made me great offers i
I will publish. I have seriou
thoughts of doing so. I assure yoi
I will do justice to the heroic Souther!
soldiers. I often feel it my duty b
let the world know that the annals o
all times do not hold a parallel to th
self-sacrifice and heroism of th
Southern soldiers. They were curse
in many of their leaders, but ennoble
in others. I wish you Avert; here t
enjoy this delightful hotel und thes
pleasant days. Major O., of Texas, i
here. He says that ' 'Ben Lane is th
most gallant man in the world, an
the coolest in battle."
Although we have not sent our card
to any one yet, many of our friend
have found us out, and throngs hav
been to see nu?, inviting us to dinnci
and parties (supper parties at fbi
season!) und every one manifestin
the greatest respect and delight to sc
us ?nco more in New York.
It is said there is an effort bein
made by politicians hore to get u
another revolution in the South. S
much money was made during tb
war that they wish it to begin ugaii
Cod giant il never, never may.
An old friend to wlfom my belove
papjf, rendered some great servie*? i
the "long long ago," invited UL
accompany himself, wife and h
to Europe, offering to pay all
expenses. I would gladly have goa
but O., and N., preferred to rema:
here rather than cross the Atlant
again, to stay three months, and A
declined. Was not this offer eviden
that there is gratitude even in th
hard age? I tun just as grateful
the excellent friend of my dear pa]
as though I had accepted his offer.
THE CAOTNET.-A Washington cc
respondent of the New York -Ye
says:
"I believe that the relations whit
exist between the President and f
members of tho Cabinet are of t
most amicable and harmonious natu
personally; but there is said tobe
serious disagreement in regard to ti
topics, andr? these ure the most imp*,
t mt that now engage the Presiden
attention. These are onrnrelatio
with Mexico, and the relations of t
Federal Government towards t
Southern States. Cn these points,
is said, a radical difference exists I
tween the President and two membt
of the Cabinet. This difference <
veloped itself strongly in the last t
Cabinet meetings, and if it is not ;
justed in ten days, it will result in t
withdrawal of these two members fr<
the Cabinet."
A special telegram to the same ]
pta-, dated Washington, August
says:
"As I stated to yon, when I ?
nounced to you that Jefferson Da
would be tried by a civil tribu?
three or four weeks ago, you may
pend upon what I now say, that Sec
tary Stanton will be removed from
Cabinet. So will Mr. Harbin reti
and u successor will, be appointed
the place of Attorney-General Spe
These important changes will ti
place within a few weeks."
The Memphis Bulletin speaks
what must be a valuable invention
deed :
"Gen. Payne, late of Paducah
toriety. has created a sensation amt
the river-men by the invention o
new propelling power, which d
away with the use of boilers, ?
causes an immense reduction in
expenses of fuel. It is said that
R. Arthur hus offered $1,000,000 f<
one-tenth interest in the patent, v
a view to bringing it into use on
Illinois Central Railroad.
Whew!
?
Xjooal Itoms.
Wc are under obligations to Mr. Charlee
Bogan for copies of late New York, Wash?
ington and Richmond papers.
Mr. Laidler, of the Charleston Courier, is
in the city, and locking a? young, hopeful
and vigorous as if he hr.d not. been, as *
publisher, in a stat? of suspended anima?
tion. He i:? on Iiis way to Washington, thu
grand caravanserai ?f politicians. Mr.
Henry Sparnrick, reporter of the Courier, is
also here, taking notes of the Convention,
of which the members will take due heed,
remembering the warning of Bobby Burn?,
"A chi d's among ye talon' note?,
And faith he'll prent 'em."
Maj. Gen.'Ames and staff, of the United
States army, have established their quar?
ters at the dickerson House. Ths flag of
the United States accordingly flaunts from
the tower of that house. To the exultant,
local patriotism which so lately discovered
..0 many hopes in the waving of the banner
ofSece?h. the spectacle is suggestive of ?
long and conflicting scries of doubts and
fears and misgivings. But this flag now
waves everywhere- wc have succumbed
wo are submissive: there is not a dog
among us sw conceited as to suppose that
bc has a tail at all.
We are in thc receipt, from Zealy, Scott &
Eruns, of a bottle of the famous Crimean
Bitters, which ia a huckleberry over the
persimmon in respect to all others. As for
tho Plantation Bittars, our analysis of that,
the other day, should satisfy all parties.
We owe to thc same Arm a bottle ot the fa?
mous Russ' Moravia, or Batavia Punch-a
famous article for enlightening the brain,
j Members of thc Convention should try it
nightly, to be thc better prepared for k-gis
I lation in thc morning. And, while our
! bands are 111, we must commend the several
varieties of Heidsick and other champagnes
tu be sold by Cohen, Moise, and other par?
ties, to say nothing of the Bourbon at Mel?
vin M. Cohen's, Specks Polock's, and others.
The collection of wines and other liquors at
M. 51. Cohen's is particularly larg?:, various
am! line. Our Charleston friends will, no
doubt. lind their way to the shop of Messrs.
Simons" A Kerrison, who arc making all
elforts assiduously to please. '.Hut we need
not particularize. Columbia is full of shops,
full stored, which appeal to all appetites.
Go where you will, you cannot greatly go
amiss.
NEW ADVEKTISEHKNTS.-Attention iacaUcd
0 the following advertisements, which are
published for the first tinfb this morning:
Moise & Orchard-Come to Convention.
Wm. Ingliss-Barber.
Mrs. Addie Dougal- Fashionable Millin'y.
Melvin M. Cohen-Liquors.
.' -Havana Segara, Ac.
" --Toys.
Mrs. Emma Roe -Restaurant.
Mounce .V Calhoun -Com. Merc-bants.
? A. R. Phillips-Sundries.
I .lames C.. Gibbes- New Stock.
I (leo. H. Waiter- -Copartnership Notice.
D. B. DeSausMire- Est.-te Sah-.
I Blakely & Williams-Dissolution.
j VOICE OF THE "GIBRALTAR OF DE?
MOCRACY."-Tho Democracy of the
time-honored Democratic County of
! Berks, Pennsylvania, held one of
1 their "old-fashioned" county meet
I ings a few days since, and adopted a
scries of eloquent and forcible reso?
lutions. We have not room to pub?
lish all their proceedings, but cannot
omit the resolutions endorsing the
restoration policy of President John?
son, and approval of the Congression?
al course of that firm and faithful
sentinel and leading Kepresentative of
the Democratic party of that State,
the Hon. S. E. Ancona :
Resolved, Tliat the time will soon
come wheri' the passions of the war
have 'cooled, and nothing remaining
but its terrible burdens and its dai le
and bloody memories, the people will
universally recognize the infamous
conduct of the Black Republican ma?
jority in the Congress of the winter
of 1860 and'lSol, in refusing their
support to any selicnie of concibation
-even to submit the Crittenden Com?
promise to a vote of the people. An?
drew Johnson said, on December IS,
18G0: "This Congress here to-day has
it in its power to save this Union,
even after South Carolina has gone
out." If Washington and Jefferson
mid Adams, notwithstanding their ab?
horrence of the foreign slave trade,
did not feel dishonored in permitting
its continuance for twenty years, in
order to create the Union, the Sum?
ners and Wades and Wilsons might
well have yielded something of their
fanaticism to preserve it. The future
will hold them responsible.
Resolved, That we approve and en?
dorse tlie constitutional principle an?
nounced by the Executive of the Uni?
ted States, that to the people of the
respective Sbites alone belongs the*
right to regulate the qualifications of
voters; and we believe that any at?
tempt to interfere with or control that
right, either by military force or Con?
gressional trickery, will be a palpable
usurpation of power, which will in
good time be corrected and avenged.
[ Washington Union.
A shoemaker was the other day fit?
ting a customer with a pair of boots,
w hen the buyer observed that lie had
but one objoctiou to them, which was
that the soles were a little too Ulick.
''If that is all," replied Crispin, "put.
on the boots, and the objection will
gradually wear away."
-*