The daily phoenix. (Columbia, S.C.) 1865-1878, November 08, 1865, Image 3

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By Telegraph. Late Crom mexico. MONTGOMERY, November 5.-A gentle? man who arrived last Thursday, communi? cated the following information. This in confirmatory of the capture of Matamoras by Cortinas, but tho news from Mexico has bet?"? ??ogz&igSjSff i? sob rebanee to be placed in anything from that unfortunate conn try. Cortinas' army is now encamped around the city of Matamoras, possessing full sway over the region of country laying be? tween that city and Monterey. Tho Impe? rial army is strewn along from Monterey to within a short distance of Matamoras. Both parties aro within hailing distance of each other. Quietude to some extent prevails throughout Mexico. It is the general belief at Monterey that the Maximilian Government will bc re? cognized by the United States immediately after Congress assembles. Mass Meeting. COLUMBIA, NOVEMBER 6, 1865. The colored citizens of Richland District are hereby notified that a MASS MEETING will take place, on WEDNESDAY, 8th inst., at half-past 2 o'clock, at the upper Metho? dist Church, (rear of Capt. A. R, Taylor's residence;) the object of which is to take into consideration our representation in thc State Convention, t > bo hold in Charleston on the 20th instant. W. J. THOMAS, JOSEPH TAYLOR, WM. SIMONS, SR., P. C. FLUDD, R. REDEN, WM. SMITH, SANCHO DAVIS, ADDERSON RICHARDSON, STEPNEY GOODWIN, Nov 7 2? JOHN LEE._ c. CHISOLM. R. c.. rmsoLM. H. L. CHISOLM. GMSOtw B?OT8E?$t SHIPPING AND GENERAL COMMISSION MERCHANTS, Cliarleston, S3.0 PROMPT attention given to tho pur? chase, sale and shipment of COTTON, RICE, NAY"AL STORES, LUMBER, COAL, Ac. Merchandize forwarded to all parts of the country. Consignment? solicited, on which liberal advances will be made. REFERENCES. JOHN FRASER A CO., Charleston, S. C. GEO. W. WILLIAMS k CO., " WILLIAM BRYCE A CO., New York. Nov 8_Imo Notice. CHANGE OF SCHEDULE. ON and after MONDAY ??3jKj^next, the STAGE will leave \? :*M? '-'-J for Winnsboro at 10 o'clock a. m. D. T. HARVEY. Nov 5 5* AND Eartlienware. THE subscriber lias opened, at the cor? ner of Gatos and Plain streets, (nearly opposite the Shiver House,) a new and select assortment of articles in the above line, to which ho invites the attention of house-keepers and others. In addition to the above, he will in a few davs open a general assortment of H0USE FURN?SHING GOODS. Nov 3 5 _ W. IL STANLEY. A Full and Fine Assortment of Groceries, Wines, Liquors, &c. AT WT Nov 5_ n Silver-plated and Britannia Goods ! AT STANLEY'S, (corner Gates and Plain streets, near Shiver House,) consisting of CASTORS, CAKE BASKETS, WAITERS, TEA SETTS. CUPS, FORKS, SOUP LA? DLES, WATER DIPPERS, CANDLE? STICKS, Toa, Table and Dessert SPOONS, Butter Knives, Sugar Shells, ?vc, Double Plate on White Metal. Warranted. Nov 7 n For Sale, ^ A NEAT and comfortable DWELL wpu[ ING, with six largo rooms, good out ??"'i houses, five aeres land, wood enough for one or two winters, lj miles from thc Court House at Greenville, S. C. For cash, this property will be sold extremely low. C. J. ELFORD, Attorney, Nov 5 ?J Greenville, t?. C. ~J. F. MS??MA??, TUST received, a full assortment of FANCY GOODS, BLACK CLOTH, C AS SIMERES, Ac. SUITS made to order in the latest style ami at the shortest notice. esn~ Store corner of Lady and Gates sts. Nov 4 C* ?7?7J?CKSON, DBUCGIST&APOTHECABV, Bedell's Ho-w AFLN? assortment of PERFUMERY and FANCY ARTICLES. Nov 2 ?ti Tbc District Coarto. . The Convention, in framing tho now Constitution, provided, in Section 1, Ar? ticle TTTj that "the General Assembly shall, as soon as possible, establish, for each District in the State, an Inferior Court or Courts, to be styled the District Court, the Judge whereof shall be resident YESAVWI THstvict, A c., -www-b Cwvsi-sbail ba*v i nristliction of all civil causes wherein one or Doth the parties are persons of color ; and of ail criminal cases wherein tho accused is a person of color ; and the General As? sembly is empowered to extend the juris? diction of the said Court to other sub? jects." This is a new and novel court to be os tabbsbed, and one of vast importance. Its organization and jurisdiction should be most thoroughly considered, in every as? pect, before adoption of anv rules. Shall the said court have its jurisdiction, at first, extended to other subjects than these enu? merated in tho Constitution ? It would seem that to adjuicate matters wherein persons of color are concerned, would give full occupation to any court, for a while af least, in their demoralized, and Boon to bc disorganized, condition. Colle ton District has 19,000 blacks and but 9,000 whites ; Beaufort, 19,000 blacks and 7,000 whites ; Orangeburg, 10,000 blacks and 13, 000 whites ; Abbevdle, 12,000 blacks and 11,000 whites; Richland, C,000 blacks and 7,000 whites; Marlborough, 6,000 blacks and 5,000 whites, and Chester 6,000 blacks and 7000 whites. Sucli is about the proportion in the State, and any court will have full employment to adjudicate all the cases wherein blacks arc concerned, however continuous their sessions. But it is diffi i cult to see how the jurisdiction of this court can extend to other matters, if it is i designed to have a less number of jurors than twelve. Section 7, Article IX, of the Constitution, provides that "thc trial by jury, as heretofore used in this State, shall be forever inviolably preserved'' in all other cases, except in those of negroes and debts "small and mean"-every party have tho right to have his case tried by a jurv ol twelve of his peers ; and the clause just cited " inviolably preserves" that right to any party to a suit who may so demand. One party or the other to every suit wi.l sc demand. Better then make the jurisdic? tion of the District Courts extend only tc thc adjudication of all causes wherein blacks are concerned. f| What part in the trial of a cause shall tie Judge take? In the trial"of negroes heretofore, in tins State, a magistrate and five freeholders constituted thc court heard the cause in cases of crime, and th? Court, acting as jurors, including the ma? gistrate, decided thc case. It was ar anomalous proceeding. It would seem t< bo bettor for tho Judge to decide points o law, admissibility of testimony, constru? Statute?, sum up before the jury the point: and testimony made, then leave the jury t< decide-in a word, take the same part ai Judges of thc Courts of Common Pleas and General Sessions do in cases tried bo fore the Circuit Courts. Should the Judges of said courts bc al lowed to practice law in the Superior Court of the States ? Bf the jurisdiction extend? only to persons of color, then surely ther can be no gootl reason to prevent th Judges of this Court from practicing in th Supenor Courts ; besides, if prohibited, n lawyer of any considerable practice wouh accept the office of Judge of the Distric Court, unless tho salary is to be highe than the State ought to pay at this time and no man should be put in this positioi except he has made the law his study- th competency of testimony often trouble eminent judges. What a farce to have man not learned in the law to decide point of law and competency of testimony Courts of Magistrates and Freeholder have long been a subject of ridicule wit the bar. An eminent Judge of this Stat once said, after hearing an appeal from on of these courts, on the grounds of admit ting improper testimony. "Of course th appeal must be sustained, for a Magis trates' Court generally decides wrong o legality of testimony." Volumes have bee written on the single subject of evidence and only those who have made the subjei their dtity can approximate doing justit as a Judge in deciding on its competency A new court is to be establiehed, all il rules and regulations to be arranged an construed, and its proceedings systemizei Men educated in the law are indispensah tor this work, if done efficiently; if not we ?lone, these courts will bc a nuisance to tl: country, anti mere puppets iii the hands < skilful lawyers. To what tribunals shall appeals be takt from the District Courts ? The Judges of tho Circuit Courts hai more to do now than can be accomplisher The dockets in many Distriets have ni been cleared for more than ten years, is a nortorious fact, that in some Distric persons sued for debt on plain notos < bonds, and who have no real defence, lia1? appearances entered, and pleas put in, f that the case can get on the issue dock? where they are not reached for adjudic tion for years. This delay of justice pr vents many creditors from trying to colle their debts by law. If appeals are to l taken to the Circuit Courts from this coin tho whole week allowed for a te. ni won hardly .suffice to bear the appeals in son Districts, especially if others than lawye aro to bi? Judges-for no case of inion tance would stop short of the appella jurisdiction, where the bar has a coiitem for thc legal knowledge of thu prcsidil Judge; besides, th?! cases could lind th? way up to the Courts of Appeals any wa It is deemed best, therefore, to mako tl last court the appellate jurisdiction in tl first instance. That Court certainly h more time to consider appeals than tl Circuit Judges-anti fewer appeals won be taken, owing to thc distance and e pense. How should proceedings as to prosee tions and defences be arranged in sa Court for crimes'.' and what should be t whole machinery of the Court? The State will be compelled to have prosecuting attorney, for crimes, in ea ol tile District Courts; this is inevilab Some form of indictment must be usc and the evidence drawn out by some Ol or crime will go unpunished, 'i'he accus employs an attorney, who uses all his i genuity in defending. Unless the State ; similarly represented, she will stand but I poor chance to punish and prevent crinii j Then, again, what is to become of negri i charged with crimes, who are too poor a I worthless to employ counsel for their ? fence? To every individual of this class conned cannot bc asaigned2 as in thc higher courts, for it would in many Dis? tricts keep employed all the bar." The State must provide counsel for these also, if they are to have a full hearing before tbe courts. These courts, too, must nave clerke-say the Clerks of the Superior Courts, ???ll act- ax Osaka tvtti?* ^ >"V Courts-it would suit well. They havo offices amply large to preserve thc proceed? ings, and keep them properly arranged are familiar with making up dockets and kecDing minutes of the courts, drawing and" arranging juries, Ac. Tbc sherill, too, should be the same who is Sheriff of the Circuit Court, and should keep similar books for cases of a similar nature as those kept for the higher courts. They, too. have offices and plenty of timo to" do all the duties required, cither themselves or by their deputies. These officers would have to have p*v for their services provided for otherwise iban by costs, fines and fees for in mos: cases parties in this court would never pay anything-being vagabonds. Thon, what number of jurors should con s t it uto a panel to try a case? In the Magistrate's Court for thc trial of negroes, heretofore, five jurors and the magistrate made up the court; and in ar? ranging the District Court, it is supposed that six jurors for the trial of a cause will be sufficient; have twenty-four jurors sum? moned for a term; two juries empanelled, of six each; allow a limited challenge, and let thc majority of a panel render the ver? dict, which is only signed by the foreman, as in the Circuit Courts. A "larger number of jurors would make it very expensive to the State, and exceedingly onerous on the people who have to act on a court which must sit so often. All of these ofiicers of tho court-judges, clerks, sheriffs, jurors and attorneys, for prosecuting crimes and defending ac? cused-must bo paid by the State, and finoR and forfeitures and costs paid into her treasury, when collected. Negroes' in? terests in crops could bc forfeited by the court to pay fines and costs, and the sheriff could attend to receiving from employers the same, and sell as under executions. This and what amount could be collected otherwise, would, to some extent, reim? burse the State Treasury. How often, and at what times, should the District Court sit? It would seem that four terms each year, quarterly, to sit at each term until the bu? siness prepared is completed, would be sufficient. Let the judge in each District fix tho times for the regular terms as ho mav think best, in order not to conflict with the Superior Courts, or embarrass the ofiicers of both. The judge could, also," call extra sessions, if, in his opinion, it became, at any time, necessary. In civil courts, writs to be sued ont to ono term and served ten days before, and the cause heard at the next, or continued, for good cause shown. Six of the twenty-four jurors summoned, and not impannelod, might act as general jurors, at each term, clothed with the same duties as those for the Su? perior Courts. All applications for bail, in capital charges, against negroes, be beard by tho judges; in other cases, by the ma? gistrates, as usual, who should act, in oases of negroes, for the Distriet Court, as they now do for the Circuit Courts. Tho clerk should bo ex officio commissioner of bail, in civil cases, for said court, with similar powers as now for tho Circuit Court. In a word, all tho practice of said court should conform, as nearly as possible, to that of the Court of Common Pleas-the officers of said court having, as to negroes, similar jurisdiction and powers as the ofiicers of tho Court of Common ricas and General Sessions have over citizens. It is further suggested, that tho pay of tho judge and other officers of the District Court should not be uniform in every Dis? trict in the State, but should be graduated according to the number of negroes in each District-according to tho work likely to be required; for instance, Diekens has but 2,500 negroes, while Collcton lias 19,000-of course, the judge for Pickens should not be paid as much as the one for Collcton; Lexington bas It,700, while Marlborough has 6,000-there could be no justice in paying the local judges of said Districts equal sums, while the one has but little moro than half thc persons within his ju? risdiction than the other. Say, pay judges in Districts of over 10,000 negroes, twelve hundred dollars; of from 7 to 10,000, ono thousand dollars; 4 to 7,000, eight hundred I dollars, and of under 4,000, six hundred ! dollars-graduate other ofiicers in same proportion. Thus it will bo perceived that tho plan here sketched proposes to conform tho proceedings of these courts, as near as possible, to those of the Circuit Courts. If any thing like thia should bo adopted, it would be a source of considerable expense to the State. Dut where a court, having exclusive original jurisdiction over nearly half of the inhabitants of the State, now turned loose in almost a state of barba? rism, is to be organized, and their only restraint, expense must bc incurred for tho safet y of our people. Ltd us md dwarf it to tiie level of a Magistrates' ?ni Free? holders' Court, which in many Districts did not adjudicate; a dozen cases in a year i against slaves, their owners generally set? tling difficulties without the farce of such a court, Dcsides, it must not bo. forgotten that this court will also have jurisdiction over citizens in cases whore negroes are parties, by the terms ot thc Constitution, and should have the right and privilege of being tried by courts of chai acter, and where they can obtain adjudication of their rights according to law, from the tes? timony brought out according to the law of evidence, (rive us, then, courts which will conduct business according to law ; courts which will command respect, and not such abortions as those Military Provost Courts which wo have just had, whore rn? laws or precedents were respected as to the ad? missibility of testimony and cases involv . inc thousands decided with swift bast. JUSTICE. A LARGE LOT OF ST. M ABCEAXfX & CO.'S CELEBRATED Champagne JUST RECEIVED at Nov 5 3 CALNAN* A KREUDF.R'S. ?FORMERJ, Y FOOT ii S?LZBACHER,) WHOLESALE and RETAIL BEG to inform tho citizen? of Columbia and the people of the neighboring country, that they arc now receiving, and have received, a great variety of Dry Goods AND GROCERIES Of all descriptions, suitable to all seasons and all manner of persons. They have, among many other articles, fresh supplies of thu following: GROCERIES. COFFEE, TEAS, (Green and Black.) SUGAR, (white and brown.) MOLASSES, (New Orleans.) CHEESE, MACKEREL. CLARET WINE. CANDLES, Sperm. Tallow and Adam'tine. Crackers, Wine. Soda, Sugar, Boston. Candies. Almonds. Brazil, Walnut and other Nuts. S> ans, Toilet, Castile. Fancy. Common. With every variety of Grocery. Copperas, Soda, Blue Stone, Ac. Spices-Cloves, Cinnamon, Allspice, Gin? ger, Nutmegs, Ac. Shoe Blacking, Brushes, Curry Combs. Horse Brushes, Ac. Knives pud Forks, Matches. Starch, Mustard. TOBACCO ANO CIGARS* Best SMOKING and CHEW'G TOBACCO. Spanish and American CIGARS. Of Tobacco for chewing, the best Ander? son's, Solace and Honey Dew; all varieties. mi SO?DS A fine variety, to which the attention of thc ladies is particularly requested. We have a tine assortment of Bleached and Brown HOMESPUN. MOUSSELIN DES LAI NFS. English and American PRINTS. Cambric, twilled and plain. Hoop skirts, Corsets, Longcloth. Calicoes. Worsteds. Coburg. Ac, suitable for fall and winter. Alpacas, black and colored. Combs and Brushes, Tooth Brushes. Perfumes of e.verv variety. Chalk Pearl Powder. Ladies'Shoes. Bootees and Ties of all de? scriptions and the latest fashions. Tuck Combs, Hair Nets, Waterfalls-all of the very last styles and patterns. Collars, Wristbands. Ribbons. Hosicrv of all descriptions. English and Amencnn Gloves of th prettiest style. Hem-stitched Handkerchiefs, Thimbles. Needles, Thread, spool, silk and cotton. Hooks and Eyes, A oils. Ladies' Billot and Letter Paper, ruled. Skirt Braid of all colors. Lastings, Whalebone. Belts and Belt Buckles and Ribbons. Pearl and other Buttons, fancy,dress and common. Scissors,' Pint;. Hair Pins, wire and gutta percha. Misses' and Children's Shoes. Round Combs, Wadding, Table-cloths. Ginghams, Lace and Trimmings. Working Cot ton, Velvet Ribbon, Elastic do. G-entlemen?s IT ariet's. Coats, (dress ? lid frock.) Pants, Vests. Shirts of all descriptions, over and under. Flannel and Fancy Shirts. Drawers, lamb's wool and cotton. Hats, Stockings, Socks, Gloves-a great variety. Collars, linen and paper. Wristbands, Playing Cards. Fine Tooth and Pocket Combs. Buttons, for coat, pants, vests: Buckles for do.; Tooth Brushes. Boots and Shoes ol' all styles and the best qualities. Pocket and Neck Handkerchiefs, silk and cotton; Neck-tics of th.- latest atvles. Pocket Books. Fancy Pipes -American Meerschaum. Pocket Handkerchiefs, linen, silk and cotton: Hats; Pen and Bocke". Knives. Razors and Razor Strops. Suspenders of all styles. Tobacco, bri nra and English style. Shirt Bosoms, Boy's Shoes. MISCELLANEOUS, Be.-t Kerosene oil. Watch Keys, Taylor's Twist, Class rhino des, best Ed., Gun Caps, Tobacco Bags, Shoe Laces, Slate Pencils, Umbrellas, Children's Gloves and Hose, Violin and Guitar Strings, Letter Paper and Envelopes and a vast variety ol' other arti? cles, desirable to boto sexes, which wi- have not thc space to ( numerate. Apply at the old stand, in Assembly street, to . Sept il SULZB \CHER A CO. Cotton Wanted. rpIIE highes! prices paid for COTTON and X for all kinds of COUNTRY PRODUCE. Farmers and country merchants will lind it to their advantage to call and see. Sept ll SULZBACHER A CO. iluction Sales. By Durbec & Walter. THIS DAY, (Wednesday,) November 8, wc will sell, at our store, at 9J o'clock. The following articles: Bureans, Chair?, Tablas, Benches, Bed -Si-s.'H ff?s5c2S>?: y-.'aau?u, C>.9vrXvry-, ?-.\r.?.r ware, Groceries, Clothing, Jewelry, Ac. ALSO. A good Milch Cow and Calf. 1 hne Revolver and an Iron Safe. Nov 8 Handsome Furniture. Crocker g, <?c. BY JAMES G. GIBBFS. C. F. HARRISON, AUCTIONEER. WILL bc sold, THIS (Wednesday) MORN? ING, November 8. at 10 o'clock, at thc residence in Assembly street, two doors below Senate, A variety of handsome HOUSEHOLD FURNITURE, consistmg in part of : Mahogany Sofas, Divans. Spring-seat Chairs, Marble-top Tables. Handsome Mirror, Etegere. Velvet Rockers, French Vases. Marble-top Bureaus and Washstands. Mahogany Wardrobe, Gilt-edgod China. Books, Kitchen Furniture, Ac. Nov 8 2 /loises and Mules at Public Sktle. By Jacob Levin, Auctioneer. THIS (WEDNESDAY) MORNING, Novem? ber 8, at 10 o'clock, at thc College Cam? pus, by order of Edgai McMullen, Assis? tant Treasurv Agent U. s. Government, I will sell, A large and desirable collection ot HORSES and MULES. Farmers and others desiring to replenish their stock, will have an opportunity to do so, as the sale will bc without reserve. Terms cash. Nov 8 Furniture, Crockery, Cooking Utensils, dc By JAMES G. GIBBES. C. F. HARRISON, AUCTXONEEH. WILL bo sold, at thc corner of Senate and Marion streets, (due notice of the time of sale will be given.) A largo variety of HOUSEHOLD FUR? NITURE, of all kinds, consisting of: Parlor, Dining Room and Chamber Fur? niture. Crockery, French China and Glassware. Matting, Mattresses. Cooking Stove, with Fixtures complete. ALSO 1 Milch Cow. Conditions cash. Articles to be removed day of sale. ALSO, The unexpired lease of HOUSE to thc 1st June, 180(5. The whole can be treated for at private sale previous to day of sale. Nov 8 MOLASSES. IAYER RAISINS. J RACE GINGER, ALLSPICE. CLOVES and NUTMEGS. Cans FRUIT-Peaches and Pears. Cans LOBSTERS, one and two pounds. Castile and Colgate's Pale and Brown SOAPS. ALSO, Cases tine Old Sherry. Port and Madeira WINES. STAR GIN-a superior article. ST. DOMINGO BITTERS, th-eek'orated tonic. -Just received and for sale bv SPECK A POLLOCK. Plain street, 2d door from Assembly. fi? B?EE?E:S? Watchmaker and Jeweller, BEGS leave respectfully t<> inform bis old friends and customers, and p^ ./^the public generally, that he is now prepared to rcpaii WATCHED AND JEWELRY Of every description, at the shortest nolie, and on the most reasonable terms. Apply at his residence-up-stairs-As? sembly" street. West side, one door from Pendleton street. ?.-)- All orders left at thc store of MEL? VIN M. COHEN will receive tin: prompte.-; attention. .J"*?^ ;> lm" T. W. Radcliffe, AT TUE ( Formerly ut the Corner of Hi In ni. /'loin Streets: nom at the Comer dicton and Assembly streets -his d: OFFERS every article in his line, WATCHES. JEWELRY, ol'N'S, PIS? TOLS. POWDER, SHOT. CAPS. CAR? TRIDGES for Smith's and Wesson's Pis? tols; KNIVES, FORKS, SPOONS; Spectacles - to snit all ages; Gold Pens- the best assortment .vcr brought to this place; ! Fishing Tackle, new and fresh selected by myself'; Hair and Tooth Brushes, Combs. Walking Canes and every ".bing usually kept in our linc of business. 1 ? ill abo receive from abroad every arti? cle of MERCHANDIZE that may be con? signed to me, f >r w hieb 1 wiil make no ?nthly or quarterly returns.- soliciting a whare ol patronage. Watches and clocks carefully repaired by experienced workmen. Jewelry repaired. Kings made to order. Engraving neatly executed. The highest rates paid for old Gold and Silver, am! all of thc above goods named will be sold at the lowest prie s. N'ov? GENERAL COMMISSION MEM, 1> B. GLASS has established, in connec . lion with tin- Book and Stationery biisini ss, a general COMMISSION AGENCY for the purchase and sale of Merchandizi of evcrv description, Bonds, Stocks, Real Estate. Ac. Careful attention give-., to ail business entrusted to him. Office, ai present, on Plain street, near Niekerson's Hotel. Nov l