The daily phoenix. (Columbia, S.C.) 1865-1878, November 12, 1865, Image 2

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COLUMBIA. Sunday Morning, Nov. 12. 18?A Freedmen'? Labor. The Richmond Times says thc rela? tions which have existed for more than a century and a half, in this State, between labor and capital, having been utterly an? nihilated during the last six months, there, must now be immediate legislation for the protection of the white capitalist and farmer, as well as for tho negro laborer. Until there is legislation upon this subject, all attempts at successful business enter? prise, either in town or country, for thc next year, will bc worse than useless. Thero would bo no better grounds for taking out a commission in lunacy than for it to be clearly proven that any one had embarked in a great enterprise, thc suc? cess of which depended upon tho negro employees fulfilling their contracts for the space of twelve months. XFrom the Rio Grande to the Susque? hanna, from th? planters of Texas and from thc farmers of Maryland, there is not thc slightest difference of opinion as to "freedmen" treating their contracts as nullities. No treatment, however kind, no rational indulgences, however liberal, make thc slightest impression upon these most inconstant and fickle of human beings. They have no moral principle where a con? tract is concerned, and their instabihty ."exeeedeth that of water and sand." We behove that in this State tho officers of the Freedmen's Bureau have done all ?hat it was possible to correct this great and universal evil, but, in the absence of "-legislation upon the subject, they have been able to accomplish very little. The Legislature must speedily pr?vido laws which will secure the negro in the enjoy? ment of his Kewly acquired rights, and also protect tho whito man from the conse? quences of the negro's utter disregard of Jbis contracts. Wo desire that when a negro contracts with a white man, that tho law should thoroughly protect his rights, And that he should never be victimized by .-that class of bad men who might bc baso enough to avail themselves of his ignorance and improvidence. Before bc enters into :?n agreement, ho shou d have the nature .ot the contract explained to him by impar? tial and disinterested persons. Beforo binding himself, ho should be allowed time for deliberation, and after bc has made himself a party to a contract, be should bo .dealt with fairly, humanely and honestly. If his employer fails to perform his part of thc contract, the negro should have relief at once afforded him in some legal tribunal whose sessions should bo weekly, ?nd where thejustic. shall bu administered at a very cheap rate. All this we concede should be provided by law for the protection of thc negro laborer, but there should also be effective legislation for the purpose of compelling the negro to perform his contracts, where bis employer has fulfilled his part of them faithfully. The terrors of the law should be arrayed with so much solemnity upon the side of "respect for contracts," that Cuffee should ho taught that tho worst thine that he can do in this world, short of murder, burglary, and larceny, is to de? liberately violate them. Unless there shall be legislation to effect this result, the em? ployer is without remedy, lie would never be guilty of the. absurdity of seeking re? lief in tin- courts against a defendant whose worldly effects consist of less (han that meagre modicum of personal pro? perty which the law exempts from execu? tion for debt. Wc have been informed by a distinguish? ed jurist, who is a member elect of the Virginia Legislature, that the " labor laws" of England and of several of the European States contain just stick provisions for the protection of the employer as are needed by the farmers, planters and all others who have now to depend upon free labor at the /As this is a question of the utmost prae / tieal importance, we hopo that it will ' receive th?: carly attention of thc Legisla? ture, if possible, a well matured, judici? ous '-labor law," covering thc whole ground which we have traversed in this editorial, should bc enacted by ? Legislature be? fore the commencement of 1866; in order that the relation of employer and employee should b<: thoroughly understood before com ? acts for labor for the ensuing year are entered into. - -^ Militia Organiza.!ion. We alluded, a few days since, to a reso? lution introduced into the House of Repre? sentatives by Mr. Gilbert, of Sumter, referring it to the, Military Committeo to report thc best means of immediately re? organizing and equipping the militia of the State, which wc can hut regard, at tho present moment, as the matter of direct interest to thc people. Thc resolution was so referred, and thc Military Committee did make an important report thereon, which report tho Hoaso, on motion, re? fused to print. Legislature South Carolina. Friday, ?Vorcmbfr IO. 1863. SEI-? A x Hi. Thc Senate met at 10$ a. m. Thc Clerk readthe journal of the proceedings of yes? terday. Mr. Thompson submitted a report of thc Committeo of the Judiciary on sundry bills. A bill to establish and "regulate the do? mestic relations of persons of color, and to amend the law in relation to paupers, va? grancy and bastardy, was discussed, amend? ed and sent to the House. Adjourned. HOUSE OF REPRESENTATIVES. Thc Clerk called the roh, the Speaker took thc Chair, and the House proceeded to business. Messrs. Sitnonton, Scott, Youmans and Stackhoiiso submitted reports of commit? tees. Mr. Simonton introduced a resolution, which waa agreed to, that in order to pre? vent any doubts which may exist respecting the action of this General Assembly, all matters not disposed of at this special ses? sion be continued to tho approaching regu? lar session. The Clerk snail make up a calendar of all the matters thus continued, placing tho same in the order in which they may be when so continued; and at the en? suing regular session the continued mat? ters shall be taken up and considered in the same stage in which they may be when so continued. Matters hereby ordered to be placed in tho general orders at the said ensuing session shall bo placed there in time, and have priority according to the last order for consideration made upon them, and tho calendar shall be proceeded in as already provided by tho rules of this House. Mr. Butler introduced a resolution, which was agreed to, that Gen. D. H. Hill, a dis? tinguished citizen of North Carolina, be invited to a seat on tho floor of the Houae of Representatives. On motion of Mr. DePass, the House pro? ceeded to thc consideration of a bill to es? tablish and regulate the domestic relations of persons of color, and amend the law in relation to paupers, vagrancy and bastar? dy, which had been made the" special order of the day for this day at ll o'clock a. m., was discussed, and made tho special order for to-morrow, at ll a. m. Mr. Simonton introduced a resolution, which was agreed to, and ordered to bo sent to the Senate for concurrence, that no member of tho General Assembly shall b? entitled to receive the per diem compensa? tion for the period during which the Geno? ral Assembly shall take the recess which has been ordered; but that each member shall be entitled to receive thc mileage, at tho rates specified in the Constitution, going to his homo, and returning to the city of Columbia; and that tho same rule shall be observed in the case of such public officers as may be required by law to attend the sittings of the General Assembly, and who, for such attendance, are entitled to receive the per diem and mileage. Adjourned. CON FEO En ATE GENERALS.-General Eeo is President of the Washington College, Va., General Beauregard is Superintendent of a New Orleans railroad. General Wise is at present sojourning in this city, with his son-in-law, Dr. Garnett. Lieut. General Ewell spent the summer months at Warren ton, Va. General Governor William Smith is at Ins residence in the same place. General Humphreys is Governor of Missis? sippi. General Lovell is farming. General Tappan is merchandizing in Vicksburg. General Bates is practicing law at Ptdaski, Tennessee. General William Maury is similarly engaged in Nashville, and General battle at Gallatin. General Benning is a lawyer at Columbus, Ga., ard General R. H. Anderson has also returned to the bar. Generals Bragg and Hardee are cultivating Alabama plantations. General Sorrel is banking at Savannah. General W.T. Mar? tin is farming in Mississippi. General For? rest is running a saw-mill on the Mississip? pi. General Blanchard is planting in Lou? isiana. Generals Kennedy, McGowan and Elliott, are candidates for Congress from South Carolina. General Crittenden i-> at home in Kentucky. General Cheatham is on his farm. General Mahonc is at Ports? mouth, Va. General Buckner is trying to recover his confiscated property, General S. R. Anderson is awaiting a pardon at Nashville. General Wade Hampton is re? arranging his farm. General Hilliard is at. home in Alabama, and General Jordan writing for the magazines. S [ Richmond Commercial Bulletin. COTTON PEOSPEOTS ;N TEXAS. Late Texas papers state that the accounts from the cotton regions of Texas continue unfavor? able. To say nothing of the abatement of labor, the rains and the worm have wrought such injury as lenders it certain that not i lore than haifa croll will be gathered from the ground planted. Many estimate the amount at much less. ? - Mr. Blair says of Secretary Seward's re? cent speech: The patronizing air of Mr. S. assumes tlie magnanimous way in which he treats your humble servant-his eulo? gies of the Cabinet show that he bas the Presidential maggot in his head, and will never get it ont. Thc census returns of Massachusetts show an aggregate of two hundred and fifty-two thousand voters in tho State, of whom boston bas thirty-three thousand eight hundred and ninety. The. census gives one member of the Legislature to cry one thousand and fifty voters. /The New Haven Register insists upon it /hat General Batiks, having been Stonewall Jackson's Commissary, cannot, if elected to Congress take the ?at h that be bas never "directly or indirectly," given aid or comfort to tho enemies of the Union. THE IRISH BONUS. -The bonds of the "Irish Republic" are "payable six months after the acknowledgment of the indepen? dence of the Irish nation," with interest at six per cent, from tho time of issue. A man named Osborne, a large dealer in counterfeit currency, has been arrested in Philadelphia. Tho detectives have been watching him many months. Asa Fitch, tho well known manufacturer and millionaire, of Fitchville, Conn., died recently of pneumonia, after a briet illness. The first naval officer pardoned is Capt. John J. Guthrie, a resident of Portsmouth, Va., but a native of South Carolina. The Power ot Congress Under the Constitution. AB we approach tho day fixed for the as? sembling o_ ??pngres3, tlio ?uuitiuii of ad? mitting the representatives from thc States recently in rebellion awakens deeper in? terest and attracts moro general attention. It is the real or vital question of the com? ing session, and upon its decision hangs the fate of nearly if not all the measures which will c mc" before that body to bc acted upon. In view of tho fact that the leading radicals arc preparing to oppose tho admission of those members, the first point for consideration is, what power has Congress in tho premises under tho consti? tution? Has Congress the constitutional right to reject thc members elected in thc Southern States, in a body, in the face of the fact that they come with certificates showing that thev* have boen duly elected in accordance with the laws of those StatcR governing such elections, and backed with a proclamation from thc President, declar? ing that the late insurrection has been suppressed, and that tho States have been restored to their normal condition ? Section fifth of the constitution declares that "each house shall be the judge of the elections, returns and qualifications of its own members." Now,what is the true intent and meaning of this provision ? It certain? ly does not mean that Congress has thc powor to prevent any State in thc Union from being represented in thc National Legislature. It cannot be possible that it will bear any such construction, bv impli? cation or otherwise, for that of itself would lead to endless controversy and anarchv. Under such an interpretation the Statecf New York might elect Senators and Repre? sentatives, pledged and instructed for some definite policy, all tho balance of the States tho very opposite, and, when they come to take their seats, they couid reject the members elected from New York, de? claring that they were not qualified. The same rule might apply to Massachusetts or any other State. This would be con? ferring unlimited power, which everybody must sec wonld bo dangerous in the ex? treme, and clearly was never intended by the framers of the constitution. On the other hand, thc common sense construction of that clause is, that Congress is limited in its power in the premises to tho ques? tions whether tho elections were held in accordance to law; whether, according to the returns, the person applying for his scat was duly and legally elected, by hav? ing a clear majority of the votes polled; also whether he is qualified to become a member under the requirements of the constitution. It is evident that this is all the power Congress has on the subject, and that the provision of thc constitution was intended to limit it to those very points. If not, why wer? they so clearly and fully expressed? Its framers were thus explicit in order that no advantage should be taken of any State, and its rep? resentatives shut out from the delibera? tions through any whim of the others. Thc first point to considor in deciding thc question, "has Congress the power nuder tho Constitution to reject thc Southern Representatives?" ia, were the elections in those States legally held? Congress will have to take the position that they were legal, or assume tin alternative, and de? clare that the States had tho right to se? cede, and that their ordinances of secession were legal. Tho President, in his re? organization policy, acts upon the basis that the States were never out of the Union. There has been no action of Congress which shows a different conclusion by that body. Tiie only way to treat the subject then, is, that it was a more insurrection, gotten up by Southern men to accomplish a purpose. Neither Jeff. Davis nor'any other person can be arraign ?d for the crime of treason upon any other hypothesis. Taking this as granted, the first duty of the Government, after the outbreak of ihe rebellion, was to suppress the insurrection. The moment that was accomplished, and j the organized bands put down, the States revert to their normal condition; and it necessarily follows that the President is in duty bound to sec that the laws are en I forced, that the people have an opportunity j to re-organize their local governments and I elect Representatives to Congress. This ? is the work which the President has been j doing for the last six months. lu most of ? the Southern States thc local governments I have been fully organ ?zeil and elections i held for Representatives in Congress. The ("onstitution provides that "the times, places and manner of holding elections for j Senators and Representatives shall bepre I scribed in each state by the Legislature I thereof." Now this has been done by all j the Legislatures of thc Southern States j where tbs ( lections have been held. It I therefore follows that the only excuse which j Congress can have to declare the elections illegal is to assume that the Southern States are out of the Union. This not only i endorses the legality of secession, but also admits thc fact that the Southern Confede I racy was a legal Government, and that tin: property of tin- Southern States can be held for the redemption of thc bonds issued by that Government. 'It is the duty of the President lo send into Congress messages ou tlc: state of the Union. This is the only mode which that body has to obtain official information in regard to the condition of any section, lt was upon thc data furnished by President Lincoln in his official capacity that Con? gress adopted measures to suppress the rebellion, and it is to the President that Congress must look lor thc official an? nouncement that the work has been ac? complished. If, then, in Ids message the President announces that the Southern in? surrection has been put down, that the States have complied with everything ne? cessary to enable them to resume their relations with the Government, Congress has no power to refuse the admittance of the Representatives who present certifi? cates snowing that they have been duly elected, under an election held in pursu? ance of the laws of their respective Legis? latures and under the call of the Governor of their State, without going beyond their jurisdiction as laid down in the constitu? tion. Should they do so it would bo clearly revolutionary. It would be one portion of Congress repudiating the other. In such an event it would be the duty of tho Presi? dent to notify the people, through a pro? clamation, of tho revolutionary action of Congress, and call upon thc Governors of che respective States to call a grand special election, on the ground that Congress bas exceeded its powors and commenced an? other revolution. Under this special cloe tmn tho whole subject would bc referred to L.0 people, tho source of all power in this country, and there can be no doubt that they Would decide in favor or the Presi . dent's policy. This would be the only modo to escape tho anarchy to which tho revolu? tionary action of Congress would lead us. The proclamation to the people could not bc considered of a revolutionary character, for that would be furnishing information to thc people and referring tho whole sub? ject to them through the Governors of the respective States for a settlement. Thus a decision of the people could be arrived at, and the question definitely and finally settled in spite of the intrigues of the dis? organizing element in Congress. [.Vern York Herald. TVevr? from Ku rope. Wc received, yesterday, a mail from New York to the 7th instant. Wc extract from the Fley aid its summary of foreign news: The Fenians were tobo tried by a special commission. The excitement had almost entirely subsided. It was stated that Mexico was about to settle the claims of the holders of the de? ferred bonds. It was also Htatod that England was ne? gotiating a commercial treaty with Aus? tria. Queen Emma, of the Sandwich Islands, was on a visit to Liverpool. It had been decided hy the express wish of Queen Victoria, that Lord Palmerston should bo honored with a public funeral in Westminster Abbey. Most of the leading towns in thc country will be represented by deputations. Business in London will be almost entirely suspended. The Stock Exchange will bo closed. The Queen's carriage will lead the cortege. The pall? bearers will bc ten Cabinet Ministers. Tho Prince of Wales attends at Westminster Abbey. It is reported.that Lady Palmerston will bo created a Peeress in her own right. No official announcement had been made concerning changes in the Cabinet, but an official announcement would be made after Palmerston's funeral. The London Globe says the Queen had expressed the wish that Earl Bussell would accept th? Premiership. Earl Bussell Vad received assurances of support from all his colleagues. The Globe believes Lord Clarendon will take the Premiership. Public opinion generally favors Bussell. The London Times, which at first favored Gladstone, had rather veered round, mak? ing it appear that the onlv reason and ne? cessity for Russell's anpo?ntmeut was, be? cause England had still to settle with Ame? rica, to the mutual satisfaction of both countries, and Ru ?seil was well posted on tho subject, and had a reputation to lose by base compliances or needless war, Viewed in this light he was necessary. Queen Victoria was expected to reach London, from Scotland, on the morning of the 19th. Ministerial arrangements will be sub? mitted on the 30th. Tho London 1'ost is apparently going into the opposition, and says: "Thc feel? ing of the country towards Earl Russell's Ministry will be ono of total apathy. The country will see little to praise or condemn. It will be lia easy matter to reconstruct bis government in the House of Commons, but he must certainly introduce some fresh elem? nts to retain tile majority nominally acquired." The London Adterliser thinks it will be impossible for Gladstone to work the House of Commons unless with more help than is visible. The London Herald na\s if Russell makes any radical move the conservatives will certainly lose no opportunity to check? mate bim. Thc- Paris correspondent of the London Times reiterates the statement that Seward bail sent a despatch to the French Govern? ment with respect to the Egyptian recruits for the Mexico project. Tilt' Times savs if America had reason to think such a scheme had been proposed, she was fully justified in remonstrating. iLpart from the introduction of Mussulman troops into Mexico, America had no just complaint against France. It is quite cer? tain that the occupation was temporary, solely directed to the maintenance of Maxi? milian's throne. The Prince and Princess Napoleon arrived at Turin on the 25th. The King and Queen o? Portugal vere expected thc same even? ing. The town would be illuminated. Of sixty-five elections sixty are known to have resulted favorably to the Government. The statement that Austria was raising troops for Mexico had been modified. Ne? gotiations were pending for permission to lill vacancies at .Mexican expense. The- free tow n ol'Frankfort had energeti? cally repelled tho imputations of Austria and Prussia, and the Frankfort Senate had determined to uphold the in lependence of the city, lt was thought thc case was one of attempted spoliation. President Napolo thinks, according to the views of the Peak parly, the Hungary debt is not in accordance with thc strict legal rights of Hungary, but rests upon a basis of equity and common interests of Hungary and Austria. "AU that's bright must fade," is not ap I plicablc to a tine set of teeth brushed with Fragrant Sozodont. Its protective, pre? servative and beautifying properties will preserve the whiteness, soundness and natural polish of good teeth throughout life. And when unsound, it will arrest de? cay, and remove from the breath the taint which decomposition generates. % SHIP NEWS. PORT OF CHARLESTON, NOV. 9. AaarvED YESTERDAY. Ship Tamerlane, Jackson, New York. Bark Justina, Hugg, Baltimore. Sehr. Lilly, Francis, New York. IN THE OFFING. Br. ship Gen. Windham, Forbes, Liver? pool. WENT TO SEA YESTERDAY. Steamship Moneka, Marsbman, N. York. Nebr. Enchantress, Blatchford, New York. A MEETING of the Directors of tho Mu? tual Supply Association will be held at Mr. Stanley's store, corner Gates and Plain streets, TO-MORROW AFTERNOON, at 5 o'clock. Nov ll 1 Local Items. ?oETnssiA POST Omr?-The .?ails am ready for distribution daily between th? hotirs of 10 and ll ft. ra. Tbo mails for Winnsboro and tbc North closo at 9 a. m., Charleston 3 p. m., Greenville 2 p. m. Messrs. Sulzbacher A Co. have opened another large stock of dry goods, groco sics, boots, shoes, hats, etc.-in fact, "a little of everything"-to an examination of which they invite tho public. See tboir advertisement in another column. JI:STPUBI.ISTOD.-The Sack and D?? trac? tion of tho City of Columbia, originally published in th? Columbia Phomix. A pamphlet edition ef til? abor? ha? jnst been issued and ia for sal? at this ofJI?? prie? $1 a copy. A TREAT.-Mrs. Roe, by som? means, has discovered our weak point, and that is a love1 of oysters-fried, roasted, stewed, steamed or in tho shell-as a waiter of theso delicious bivalves, fresh from New York, boro ample testimony to, on Satur? day. This lady's restaurant is located on tho corner of Lady ard Lincoln streets, where the very best eatables tho market affords are prepared in excellent styl?. Giro her a call. RELIGIOUS SERVICES TUIS DAT. -Service? will bo held this day in tho following boase* of worship: Marion Street Ch uren-Rev. N. Talley, 10* a. m. Rev. F. W. Pape, 3$ p. m. Baptist Church-Rev. Wm. Martin, 10$ a. m. Presbyterian Church-Rev. Geo. Howe, 10+ a. m. Trinity Church-Rev. P. J. Shand, 10$ a. m. and 3J p. m. Lutheran Church-Rev. A. R. Rude, 10J a. m. St. Peter's Church -Rev. J. J. O'Connell, 10J a. m. and 3? p. m. " RICH, RARE AND RACV."-Our lady friends will bo gratified (and certainly with reason) to learn that Messrs. "Shiver A Beckham have opened a most extensiv? and elegant assortment " of dry goods, fashionable cloaks, rich {silks, delainea? poplins, Ac, fancy dress trimmings, pocket handkerchiefs with beautifully ornamented and initialed corners, latest styles bonnets, ribbons, and hoad-gear generally, thread laces, etc., besides a varied stock of slip? pers, gaiters, Balmoral, Congress and Po? lish boots, traveling reticules, as well as an almost endless variety of nie-nacs which make ..p a lady's trousseau. The "little ones" were also remembered in making their selections in tho Northern markets, as tho stock of article? in that line abundant? ly testifies. Nor were tho "sterner ?ex" for? gotten, as they have on band a variety of hats, caps, boots, shoes, trunks and nu? meroua other articles. Owing to the num? ber of customers on Saturday, Messrs. S. & B. were compelled to close their doors for a short time; but all those who called during that timo are informed that they can be accommodated to-morrow or tho next day. Of course, it would be advisable to give an early call-not through fear of an immedi? ate exhaustion of the stock, but then it is a satisfaction to have the pick of tho host. NEW ADTXKTISBMEXTS.-Attention u caU ed to tho following advertisements, which are published for the first tim? this morn? ing: Meeting of Directors Supply Associat'n. Weekly-To Printers and Others. Levin ft Peixotto-Copartnership. " " -Gas-light Stock. " '. - - Bonds and Stocks. C. H. Baldwin Axes, Nails, Ac. " " Lost ( lertificate. Shiver House - Laths Wanted. Board for Members of the Legislature. C. S. Jenkins-Fresh Supplies. Hopson A Sutphen-Belting. D. B. DeSaussurc-Commissioner's Sale. J. Sulzbacher A Co.-New Goods. MARRIED, On the 20th ultimo, by the Rev. A. K. Durham, at tho residence of the bride's father, Mr. U.C. HUDGINS to Miss I'.U GENIA L. L?RICK, all of Richland Dis? trict. OBITUARY, Departed this life, at Allendale, S. C.,on foe loth of October last, Mrs. MARGARET BUCKNER, relict of Benjamin H. Buckner, Esq., lato of Beaufort District, in tho seventy-eight li year of her age. Another mother in Israel is fallen! Rut, "Blessed are the dead who die in tho Lord; vea, saith the Spirit, for they rest from their labors, and their works do follow ihem." Died, in this cit v. on October 8, 1865, FRANK, only son of ll. M. and S. G. Gib? son, aged ten mont hs. "As t!ie sweet flower that scents tho morn, Rut withers in the rising dav; Thus lovely was this infant's dawn Thus swiftly lied its lifo away. "It died ere its expanding soul Had ever burnt with wrong desires Had ever spurned at Heaven's control, Or ever quenched its sacred lires. "It died to sin - it died to cares But for a moment felt the roil; O, mourner! such, the Lord declares. Such are thc children of our (Jod." BELTING! BELTING! JUST received, 2,000 FELT RUBBER BELTING, from 2 to 12 inches. Also. LACK LEATHER, COPPER RIVETS and BURRS, TRUNKS, VALISES, TRAVELING and SADDLE BAGS, ENAMELED CLOTH, Ac. HOPSON A SUTPHEN. Nor 13 3?