-VOLUME XXV^. Ill jjj| J CAMDEN, S. C., FRIDAY; MORNING, JANUARY 25, lBfiT.
PUBLISHED WEEKLY BY
' , THOMAS W. PEGUES. ,
; jr ^ . / r. - ' -
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^MIBCELL ANEOUa"1
ACTS OF TEE LEGISLATURE. '
An Act amend an Act entitled "An
" Act to amend 1 an Act to , establish
District Courts.'" .
y 1. Be it enacted, by the Senate and
House -of Rcprcstativcs, now mat and
sitting in General Assembly, and by
the authority of the same, That so
nf nri Aft fvnt.it.lorl ''An Arf-tn
. amend an Act entitled "An Act to
. establish District Courts"'ratified the
twenty first day of September, one
thousand eight hundred and sixty six,
as requires the drawing and cmpanai
el in g of Grand Juries for the Dis.
trict Courts, bej and the same is here
by repealed, and all persons already
drawn and summoned to attend said
District Court as Grand Jurors, are
, Q hereby relieved of the duty of so at- .
>. tending. . ..
II. That no presentment. of a
Grand Jury shall be necessary in any
J case in the said District .Courts, but
* it<shall be the duty of the Attorney
\ . General and Solicitors, after inquire
ing into the facts of each ease, to prepare
Bills of Indictment, and present
the same with the papers pertaining
thereto to the District Judge for his
examination, who shall order the same
to be docked for trial, if in his judgment,
the prosecution thereof,;be .advisable.
. V
III. That the Juries in the District
Court, shall consist of <rc Jury
of eight Jurors at each Quarterly
Session, and the venire therefor shall
- . consist of a panel of sixteen; and it t
nil a II I^a tVio rlntv-nf !??< > District .Tiuloe I
at each Quarterly Session, to order
tlic drawing in open court of the Jurors
to constitute the panel of the venire
for the succeeding term.
IV. That there shall be bent a
separate Jury Dox for the District
Courts, which shall ho filled from
time to time, and the drawing therefrom
he conducted in the same manner
as by law required for the Superior
Courts; and in reference to the
said Juries of the District Courts, the
manner of summoning them, the duties
and liabilities of the officers of
the Court and the penalties for not:
attendance, and in all other respects,
the jury law of the State shall apply.
V. That in drawing Jurors to constitute
the pane! of the Venire, it
shall be competent for the District
Judge to direct the rejection at the
time of drawing of the names of per
sons who arc known or believed to he
dead, not resident in the District,
over seventy years of age. or in any
manner disabled from discharging
the duties of a Juror; and names
shall be rejected for the occasion and
returned to the 33ox of persons who
are known to be in the panel for the
term of the Superior Court next ensuing
the drawing, or who have served !
lis Jurors either in the Superior or '
District Courts within twelve mouths '
preceeding the drawing.
YI. That to constitute ihe_ Juries
in the District Courts for the Term
next succeeding the passing of this
Act, and lor which the Venire has
already been issued, the District Judge
shall order the drawing of sixteen
from the number of those summoned
and" in attendance, which number, so
drawn shall constitute the panel*for
that term, and from them shall be
1 drawn those who shall serve as the
Jury of that 'Perm; and, it" in any
District such Venire shall not have
^ been already issued, the District Jedge
shall order a special court lor the
drawing and shall order the Venire
in accordance with the provisions of
this Act.
VII. That in the District Court,
| each party in a civil action, and the
accused and the prosecuting ollicer in
a criminal matter, shall be entitled to
challenge each, two jurors; and the
places of those challenged, shall he
(supplied from the supernumeraries.?
An insufficient number of jurors in
j any instance, shall be supplied in
like manner as in the Superior Court.
9
YIH. A traverse of an indictment
shall not, in the District Courts, of
itself, operate to continue the case.
IX. That the concluding paragraph
of the eleventh section, in the words,
"and in the District' of. Beaufort,
where the Court shall he held, alternately
at the Court House in the
town of Beaufort,' and at Lawtonville,
be repealed. ; ' X.
In civil causes the defendant
shall be entitled to an imparlance to
the succeeding quarterly Term of the
Court.
XI. The Superior Court of Equity
and the District Court shall have concurrent
jurisdiction in all of
Equity; "and the Superior fHwts of
Law and the District Court shall
have concurrent jurisdiction of all
cases in Law, civil and criminal, of
which, by the constitution, the said
District Courts hpvc jurisdiction.
XII. That in all cases now commenced
in the District Courts for7
services where the amount due is
- j~n.?
over quo iiuuuieu uuiiin?, - tue euoc
shall be transferred to the Court of
Common Plisas;
XIII. Matters of Equity pending
in the District Court, shall be heard
by the District Judge, at a Quarterly
Session, or at such other time as with
his concurrence, the parties may fix,
with an appeal, as from a Chancellor
on" Circuit. . JFith respect to these
matters the Commissioner in Equity
for the District shall regard the Judge
of the District Court as he does a
Chancellor with respect.'to matters in
the Superior Court of Equity; and in
both of these Courts, the law,'practice,
fees, modes of proceeding and
effect of order and process.sliaiibe'as
nearly as possible the same.
.? i
A GENERAL BANKRUPT1 LAW.
Tito New York Herald, of the 7th,
has the following article on a United
States general bankrupt law:
The Constitution of the United
States empowers Congress tc pass uniform
laws on the subject of bankruptcies.
This power has only been-twice
exercised?once in 1800, when a bankrupt
law limited to five years was
passed, which was repealed before
the expiration of the tcrm:
term, at the close of the year 1803,
and again in 'August 1841, when a
in sol iron r. law was enacted.
which was so loose in its provisions
ami so available for the fraudulent
debtor as to excite a storm of popular
di. favor. The latter law was pushed
through Congress by questionable
means, ami among the first who availed
themselves of itmprovisions was the.
Chevalier J.r.nes Watson Webb, who
after making a great fuss over the
passage of the law, coolly wiped out
s one halfa m ilieu dollars of debts by
i'y aid. lie derived no permanent
benefit from the whitewashing proeivo,
however, since he could have
resorted t:> it again a few years afterwards.
on a smaller scale, to his own
advantage. The law of 18-11 -bad less-.
iv.'n year s ex arence, a nil hjv
its repeal having received the "resident's
tu'.'vi on March >, ltii-).
During the period it remained in operation,
it was cairn!;:ted that sonic
dOjOUd persons availed themselves of
its provisions, whose aggregate debts
must have hcen i:; the neighborhood
of i^MMWUhJO.
Notwithstanding the failure of former
experiments, it has long been
the .opinion of the ablest financiers
and the most honorable business men
j in the Ui.iled States, that a general
j bankrupt law, fair and liberal in its
I provisions, and containing strict sufe|
guards against fraud, would be at
once a protection to the honest debti
or, and an advantage to the business
: community. Congress alone has pow:
er to pass such a law, which would be
untiling upon ai! creitnorsiu tlie Liu1
ted Utatus, and ail ?le<criptions oi'
! debts. The insolvent laws of a. Statu
i can only reach its own citizens, unless
creditors from other States, by
: voiuntjirily recognizing tffc? insolven|
cy-and accepting dividends from the
estate,'put themselves within the pale
! of their operation. The close and intimate
commercial relations between
'the State-? render it very desirable
, that a uniform system of laws relating
I to bankruptcy, which all understand,
j and by which all alike are bound,
should exist; and it was a wise provision
of the Constitution which vested
the power to make laws in the Congress
of the United States.
In Europe, bankruptcy laws are of
a quasi criminal character. Thepro|
ccedings are regarded as hostile to
the bankrupt. Under the Trench
law, he is arrested and confined in
prison, or put under surreilancO) and
after an examination into his affairs
by the Tribunal of Commerce, he can
be released on bail br unconditionally.
After the investigation is completed,
he can be condemned to imprisonment,
with or without labor, if fraud
be proved against him. The English
has some peculiar features. A bankrupt
who obtains his certificate of discharge,
is allowed a per centagc to a
limited sum out of the proceedings of
his estate, when the dividends reach
a certain amount. When fifteen shillings
in the pound is realized by his
creditors, he receives ten per cent, on
the'whole assets to a sum not exceeding
600 pounds,- and so. inpropc-rtion
for a smaller dividend. This affords
a bankrupt & small capital with
which to commence life anew. One
.1? ii.. in i JL..1J
provision 01 me, jcuigusu ibh tyuuiu
hardly suit the United States. , A
bankrupt is not entitled to his discharge
if he has lost a certain amount
within the past year immediately
preceding his bankruptcy, either at
gambling or stock-jobbing.
It is objected* by some that bankruptcy
laws are $ protection to fraudulent
and dishonest debtors.-* A goo^
law must always be the reverse; Our
present system, without any general
law at all, is oppressive only -to the
unfortunate and honest'debtor, and
arilords the rogue*-every facility he
can desire to cheat his creditors. It
is also am incentive or-temptation-to
men of weak and unstable principles 1
to become dishonest/ Wkftn a person
who 13 doing business with an
intention and wish to establish a (
good reputation fincls' misfortune^
coming upon him he has- now no opportunity
to redeem himself, aiid will
in a large majority , of instances, set
to work to put his property out of the
reach of his creditors. If he goes
down, he argues, he can never get up/
again, and self preservation, is the
'first-''law of nature. . A fair^ank^jjtr
law would enable him to stop- at^onco,
to put all his property in the hands
of Jus creditors to pay as mucn as no
could, and to commence again "without
an incubus of debt "weighing him
down. From dishonesty and fraud
no law devised by human, wis lorn can
entirely protect the creditor. *Cut a
good bankrupt law would afford liiiri
more protection than he at present
enjoys, since it would enable him to
take immediate measures for his protection
whenever evidence of intended
fraud should make itself apparent.
The lack of a uniform "bankruptcy
law deprives the community of some
of its best commercial ^ability and
/vnfAfnuiOA T .n moil
uuoiuwro Ulltui J- \S ?VV|/ W Ultvu
constantly out of business because be
has once been unfortunate, or to
compel him to resort to all manner
of tricks and'subterfuges to conceal
his property and cover up his interests,
cannot conduce either to the
good of the creditor qr of the State.
The honest debtor, if he should become
a bankrupt, would never fail to
pay up his old obligation in fulLshould
he subsequently secure the means to
do so. The dishonest man would
never pay a debt at all if he could
avoid it. We have examined with
some care the law which passed the
present House at its first session," and
is now before the Swiate. Its main
provisions appear to be fair and just
both towards the creditor and debtor,
and it contains apparently stringent
safeguards against fraud and dishonesty
on the part of a bankrupt. At
this period of our life as a natiotrit
is eminently desirable that some uniform
law should be given to the count
try, and the subject should claim the
I early and the serious attention of the
Senate. It is one of the most important
matters that remains before
! that body, and should be passed dur
. ingthe existing session, so that it any
! amendments to the bill are found
! desirable they maypiie acted upon
! by the present House, which lias alI
ready muturely considered and
thoroughly debated the subject.
i Soi'tii i:ux M.ixupactukks.?In
July last, a factory of jeans linsey, cct.,
was commenced to lie erected at De
j Soto, Mississippi. They began the
1 enterprise in the woods. On the
1 Tth of December, looms commenced
running, and now the factory, is in
full operation. The cloth made is
eijual to any other of same grade,
. and the demand is equal to the supply.
This is the shortest road to inI
dependence and prosperity, and the
example of the ".Magazine Mills"
should be imitated hue very Southern
, State.
Fl'om the Columbia Phoenix.
- COTTON OUIiTtTRB.
There is a new paper published in
Manchester, England, devoted to the
culture of cotton, its manufactures,
&c., which proposes to lay before its
readers' the last and most reliable
data and information that can Tie obtained
in regard to the present culture
and future probable value of the
great staple. . .
Some of the statements the writer
makes will be interesting to planters.
He assumes that the production of
cotton in India was profitable; when
its value, in the Liverpool market,
was only four pence per pound, and
the difficulty and cost of transportation
were greater than they are now,
and that the price which it now commands
(more than double the former)
will insure its -cultivation in that
wiii AVI Avf nnf flion
UUUULl jr ' tU <Xi JLUUV/U liti gci caicuu i/uau
heretofore. He recognizes in India
a formidable competitor to the Southern
States in the growth of cotton,
and after enumerating some of- the
advantages the former possesses,"
brings them iti contrast with impediments
which, since the war, have superinvened
in the latter.
There are some truths in the argumentshe
uses to stimulate an increased
production in India. He says that
the present condition of the South, its
incapacity for producing .the former
large crops, and the tax of three cents
.per pound, which has necessitated a
method of collection that seriously
impedes the movement of the crop
and embarrasses.the planters in their
operations, may be regarded with certainty
as guaranteeing ' the cotton
growers of India and elsewhere on the
Eastern continent ample ' remuneration
as the result of the curtailment
of the crop here. He adds other "reasons
for expecting a diminished production
of potton in the Southern
States, as compared with the quafltTbeforp
tTnTwan and'Kmo'ng
ihenr is-the re-organization of society
and of the relations of labor; that the
number of horses, mules and cattle
in the Southern ^States is now about
forty per cent, less than in 18G0; that
the transport system, both on land
and water,- is still very far from being
restored to its former efficiency; and
that the priccp of labor, and all im \1
nm rn-v fa on i-l TMYkfhifita. and animals.
UIl\t ji/? vv%?vw7 ? ^
are now double what tKcy were previous
to the war, and involves at least
double cost in the growing of cotton,
whilst credit, so essential to production,
shows a very tardy recuperation/
lie then places in contrast the advantages
that India at present possesses.
v He says the prostration of
energy and enterprise whLu resulted
from the.tyrannical sway of the East
India Company is giving away under
the new system rule; that the people
of the country are recovering confi
| dencc in Europeans, and having Detter
chance3 of securing to themselves
the rewards of their'industry, they
are more disposed to cultivate the
land and to engage ip productive and
trading pursuits generally. The writer
..adds that the same causes and influences
arc producing lite effects in
other parts of the East and in South
America, which have valuable opportunities
open and available, and oj
which - advantage will be taken to
the utmost, in order to establish a
permanent and Remunerative cotton
trade with the manufacturing community.
We lay these views before our readers,
and commend them especially to
the farmers and planters of our State.
Some of the positions of the writer
cannot be gainsayed ; and when we
take into consideration, superadded
to the onorous tax imposed by Congress,
they must show the planter,
that it is his interest to'plant less cotton,
and turn his attention more ta
other agricultural production. It
shows more?that it is the interest of
both the planters and capitalists of
the Southern Statcu to engage largely
in the manufacture of the staple,.?c
that if cotton-spinning Manchester i.]
determined to make herself independj
cut of Southern production, the South
! can make herself independent of hei
' swindles and looms, This course, be
_ ?in ?1: i
Slurs, AV11I 1 UIK l t mv; ...
i cents per pound, wliicli, in the shapi
: of protection to New England manuj
facturers, redounds to their advantage
! and will largely increase their already
I ill-gotten gains;
! I The South has now a splendid op
I pnrtunity of entering upon a carce
i j of prosperity, if she will only avui
' herself of it. Let the plantcrs'giv
up the old .system of large cotton
plantations, vary their products so as
to furnish -abundant provisions for
man and beast, and the future will be
more prosperous than ever- it was in
the past, r- .. . V
Letter from Gen. Beaeregard.
?The following letter from General
Bqauregard is published in the New
Orleans papers of the 11th instant.-:?
It will explain itself.
s. New Oit^eansj Jan-. lO, 1867.
William H. C. King. Editor of the:
New .Orleans "Times."
In your, letter of this morning you
publish an' article from 'the New York
Herald, containing some remarks relative
to the speech I am reported ta
have made at Canton; Mississippi, to
. the Congressional excursionists lately
in. that city. The Herald is in error.
I made nct'speech at Canton or else-,
where to the- excursionists'; but con-,
versed with them freely,- and .openly
told them" tire ;South had fought the
North so desperately, because it was
defending what it .conceived to. be its
'constitutional' rights; that having appealed
however, to arbitration of armis,
it yielded to decision?-which was given;
against it; that I believed the people
of the" South were noW willirtg to accept
the Constitution as made by the
war and understood by the Supreme
Court of the United States. I said,
also, invmy opinion, questions of secession
and slavery were forever settled;
and so far- as I was concerned
under no circumstances would I countenance
any effort t6 revive them t
that we must now direct our energiesr
and our vitality to repairing the damages
of . war, and restoring to Our
homes soiiie. of those comforts-and
that prosperity which they formerly'
enjoyed. In answer to the questions
of some excurtipni'sts,. if I thought the'
South would accept the constitutional
Amendments, rreplie&that. eschewing
; politic^ ioprr;-rsfe^ru'sincss
and the * duties "of my
position, I had little opportunity, ex
cept tlirougli newspapers, to ascertain
the: public sentiment on the subject;
but if thej desired to know my individual
opinion, I would say that theSouth
would not and should-not accept
those amendments, even if presented
as a finality, for its interest
and manhood forbade it; that-we well
know we are now at the mercy of the
North, but that the South would never
do anything which, its honor could
not approve, to protect its interest,
and I believe would-remain passive
spectators.of. the struggle of power
going on at the .North, relying on the
sober second thought andsdnse of jus,
tice of both parties to protect us. I
added, thou eh, at the fall of the Con
fcderacy, instead of going to a foreign
country to swear allegiance to its
government, I preferred remaining
1 in my own and swearing allegiance
to what I conceive to be its new government.
. :
1 In conversation witli the excursionists,
I used the^ words of consolidated
i I government when speaking of the
-/United States Government. I meant,
of course, the common Federal National
Government operating under
the Constitution as interpreted by
1 the Supreme Court of the United
i States. I remain, " ..
Yours very respectfully,
' (Signed) G. T. Beuregard.
A Continent Covered wititSLce.
?Prof. Agassiz comes to the oonclirsion
that the continent of North
America was once covered with ice
a mile in 'thickness, thereby agreeing
with Professor Hitchcock and other
geological writers concerning thegla1
cial period.' In proof of this conclusion,
he says that the slopes of the.
Alleghany range of mountains are
glacier-worn to the very top, except
a few pdints which. were above the
! level of the icy mass. Mount Washington,
for inS.tanco, is over six
-thousand feet high, and rough, unpolished
surface of its summit, covered
with loose fragments, just above
1 the level' of which glacier marks come
' I to an end, tells that it lilted its neaa
' alone, above the desolate. waste of ice
' and snow*.
In this region, then, the thickness
' of tlio ice cannot have been much less
than six thousand feet, and this is in
keeping with the same.kinds of evidence
in other parts of the country,
' for when the mountains arc much less
than six thousand feet, the ice seems
to have passed directly over them,
- while the few peaks rising to that
i' height are left untouched. The gla1
cicr, lie argues, was God's great plough
c and when the ice uu.ished from the
??MM
face of the land it leftit .prepared for
Hihe
The hard surface ofther oc^were '
ground to powder, the elements ofthe V
soil were mingled in fair proportions,
granite was. carried into the'lime, 're-^%^
' gions, lime was'nripgled with the; faorp%$S;;
"arid and -unprotected districts, and*
soil was prepared for the agricultuxaf I
uses of man.. There are evidences ' ;
all over, the polar region&to show that: J >t
one period, the ieat of'thc.ifopics^;:^^
extended all over the ^ globe. :
ice period is supposed to be long snh'sequent
to this, and next to the last
before the advent of man. '/: :/".y.
'THE.NEQE0E9^AND.TflElh';.ALLIES - '-fj#
un uujnuKisss.:?it is stated tnat ;everyr-jjj&B
rybody whilst the Congressional in^;.-;^|^
chine is being run atJi TV'asbington^ : :;^^p
scored of dilapidated negroes : are^i^ri-0%
wandering up and down, and in and"\'-;V^|?
around the public places and leadm^gv^^
avenues ofjtKe Capitol. . They, enter-'^0
the halls of Congress, cheek by jowl .
with'-.the' brbad-clothed^pinipi
thieves, and take their .seats.with as. _*|8l
miuchaan# froid as if to the "manor |||?S
born.'' These idle.and vicious white
associates'
of the space assigned to spectators,;|?||
and we are informed
the galleries; are, as a natural: se- quetice,
dirty, greasy, and lousy, and : .^^^
utterly unfit for .-..thie; 'occupatfon- ;of
decent spectators. But. decent spectators
rarely get thei^ now, and after -|||
thjCbawdy aiid obscene jokes wMbh so
recently fell from the lips of Steverisy ? ^
and Spauidingj - deceiit' people wfrilV;^-;^
Scarcely venture therein againj at' . ^
least until the fianatical wfetches .who' : if.
misrepresent the >:people are driven
from the halls of legislation to their M
lairs in private life. v ;
But the thing after;all iS appropri- '
ate. '. There ar^igots and peijurers.' ,
and. ragcals^pf-high and low degree'
upon the floor of Cpn|prea&?h^^^
oyer a dissevere'd Union,, arid there
are filthy barbarians and painted'and ,
loathsome prostitutes looking on and
smiling approval. But within the
hearts of the people there is an.un- >
nilAnfthflhlfllfwe nf UV\o?.fTT n r... . <'.r
-v/1 ^ \j?x vj auu.a yuiii- '^-"i
ing desire for recovered rights; and ' '
Vregained freedom. Every step the / ..v*
Radicals in Congress are taking-in ?
the work of subverting the. government
and degrading the. people, is
hastening on the day of vengeancev ,'r . v
and retribution, which will yet sweep y :yi
like an, avenging fury upon the foes
of Constitutional government and $*civil
liberty.?Hackemaclt {N. J.)r ,\.'Q
Democrat. .
I ~ /* r"' , '*
. f
A JNATIONAL CONVENTION.?The" ' >
Democratic State Convention of Con-,
necticut adopted the following reso- "fX
lution on Tuesday: "Resolved,
That, after solemn de^
liberation, it is .the opinion of this^-^*^
Convention?at the suggestion"of our ; r
conservative brethren of Kentucky? ' ;,k
that a convention of the Democracy " '; }
and all constitutional Union men of
the thirty-six States should be called
without delay by the National Demo-'
eratic Committee; and we respectfully
suggest that said convention
meet in the city of New York, on the
4th day of March next, to advise and i
counsel upon the great questions that
now agitate the public mind; to pro-"*
test against the revolutionary and. '
unconstitutional acts of the present- .
majority of Congress; to announce
..the determination of.the conservative"
men of the Union to resist and opx '
pose, by every constitutional exercise
of power, the disorganization of
Sfo toa on
WV...W c-w. Ii^v uwu UV-UVU vi tJllug
authority."
Good Farming.?Some years ago
Dr. Cloud, editor of tlie American Cotton
Planter, "by manuring and care- -
ful culture, raised 5,898 pounds of
cotton to the acre on pine land in Macon
county, Alabama. By the same
system of culture, General Dunlap,
of-Mississippi, picked five pounds of
seed cotton by weight from a single
stalk. It does not pay to farm well,,. '
anywhere, in a new or old country
Profitable.?The People's National
Bank, of Charleston, declared
a dividend on the 7th instant. This
dividend is at the rate of eight per
cent, per annum, being the third one
for the last year, making, in all
twenty-four per cent.
One factory in Augusta, Gra., has:
turned out during kj&t year 6,410,000yards
of cloth} and paid a' dividend,
or clear .profit, of $611,000 to thie
! stockholders .