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-'R EWINNS).1ORO s. A O ,F A 87....._ [ . 1. NO 4 TRI-W ,I .1I .j ,WINNS1$01t0, S. C., THLURSD)AY MORNING, FEBRUARY 8, 1877.(VL1.N.. F ANCY CA Ig8,15 styles with name, l0ts. post paid. J. B. HUSTED, Na__egs, ,e ,! N, x.. TiIIFLING With a Cold i$ Always paogroy, WELLW 'a 1cl nlet, a sure remedy for Coughs, and all Dis eases of the Thropt, Lungs, Chest and Mujouq M embrane. PUT UP ONLY IN BLUE BOXES. Sold by all Druggists. C. N. CRITTENTON, 7 Sixth Avenue, N. Y. ,BUSINESS. ja We want 501 more first-class Sew ing Machine 4gents, and 500 men of quergy and ability to learn the business of selling Sewing Machines, Coriipegsa. tion liberal, but varyin according to ability, chaaroter and q ej ions of the Agent. For particulars, Address Wilson Sewing Machhie Co. CIIICAOO. 827 & 829 Broadway, Now York, or New Orleans, La. ENTEN'tHIBITION It contains 330 'ine engravings of build ings and scenes in the GrWf, Exhibition and is the only authentic and complete history published. It treats one of the grand buildings, wonderful exhibits, enriosit s, "grat evebte; ',to a Very:olrcap and sells a p'gt.; . Ope 4gent -sold ;4P copies in bnhd ay Send for our extra .terms to Agents and a full description pf the work. Address National Publidilfig ,Co.. Phila.,Pa., or St Loxgig,Mo LAIJTIoN. Unreliable 'a it41t1- n -books on $he $s tjtoi1pbfip ng circa. lated. D6 not be deceived. See that the .books you buy contains 874 pages and 430 fine engravings. -Wp;ulerful S egg.!, 25,000 .OF THE CENTENNIAL .EX QSITION Sold in 60 .days ,It .being the only complete l9wprIce.pk 71 pages only .$'2.AItreating of the ot'tiro history,grand ;buildings, wonderful exhibits, curiosities, great days, etc.; illustrated, id. $1, cheap er than any other; everv'booy wants it. oae -uaw agent cleared $350 in 4 weeks. ,3,000 agents wanted- Send iiicl. for ,proof of abov *, opiniops of officials clergy, and press, sa ' pie pages, full description, and our extra o . ,. 'ii!., IPa. Caution. Beware of falsely claimede'ik -- less- books. Sond for p roo( AT 6F ar e a d 1l e Ia s albs s ell in stnry i~world. It contains es set of per 13envet p4s Unell, "y )enlo i1tpp v ppc alrti, cIogaa15i.I~plaiert sleeve buttons snd fish onabiof.ncy t pin an dr post. ptId,t cent. 6 paekages, with assorted Jewelry, TWEL'VE' .artilIn~ssifIsL.OYD (CMIII' I N ,Ctb. usmed assa ECH lEa1oilter nhd Pen.' .te..enkitfb. ls tr-cttr sn INEWGCflY STORU~ I*VING fen charge-of -tl Gro Zery Store formerly cnpied by . -L. DanneM $ d a fresh and choice atog t nes .a9. -as ot Dec.~ 4{~ a.akf .DT ~ )~t T ,Ng .'f /ADE*YTtSf P,250.40 w{Q Mn of ieeIn vars o ew papers di rBy will be sold for eash.' A u .bes~vn r and ggpe q ga~ PublishPrs anti Printers Can buy diroot of the Manufaoturer on favorable terms. "'fn Asso HAIAngY CUTTING IACIIINEs are the bea and chonyost low priced machine made, and have i national repu. tation for utility and durability."-The Electrolyper, Chicago. Tus 'ANiON IIAnRY PAPAU CUTTER is by p r the best machine which can be ob tained for a loss price than one hundred dollars. It is of great strength. 'Thest machines have always tallken tie highest stand. It is the only m. chino to which is applied the Pant lovable Cutting Bonrd. This device has a reputation of itself: by it, the cutting board can bo in stantly and accurately moved, so that a perfect cut is insured, This is a very im Qr4int point in the milachiue, anid one d1 s possessed by no other. It greatly reduces the labor of pteparation in work ing the paper backward and forward. We cannot too strongly recommend the advantages of this patent movable board. It is worth the price of this machine, and purchasers should fully understand how highly it is to be valued."-Geo. P, Rowell & Ca.', Newspaper Reporter cumd 'rinter's Gazelle, T'rn LATEST IMPROVED HARDY CARn CU:'P TER 1 pronounced the most desirahe Card Cutter in the market, for the general uses of a printing office. The well known Ruoo(Es CAun CTTER., with my ato t ' nlprovemeonts,. is still pre ferred b3 ~a spyjpefrs, n.1 holis its favoritis ' e ,thedimachinos. lne genuine but those having my full da dess lettered in the casting,. _. Newspapers in want of advertising from firat parties should send for my circular. F. A.UAR)Y, A nhubrnlle, Mass. I will buy of tiosc that buy. of me. declL CONOR & CHANDLER CALL A77'EN7IONt 'T0 THEILR NEW STKJC OF STERLING SILVERWARE, REDUCED PRICi';. Table Spoons, Teai gprnsrr igar 8booni , Table Forks, Pap Spoons, Butter Knjves, -Pickle Forks, AhND Ladeo $ o 12ext..thh s dec. 7 .CONGRESS STREET w 0 .tI AD.E8PORTES' 110 I~ II it 1 DRY GOSI ji-amQPgb~AIhTD SR~OE8, iA. WINES, .*vof .' v Etc., to. WHY HAMPTO1 IS GOVERNOR. JUDGIE MACKEY NTERI ET'1ETS THE CONST1'T UT10 . A Aeview of the facts--Tho pretensions of Chamberlain Exposed- -Sound La'w and Sound Policy. Judge Mackey has rendered a decision affirming the constitution ality of Goverror Wade Haipton's election and installation as Governor of South Carolina. The opinion is writton out at length and a synopsis only is hero given. The decision was rendered in the matter of a habras piorpu nydo by Aimzi los borough, a colored man sentenced on the 22d September. to sixteen months imprisonment in tho jail of Chester, for assault and battery upon a white man. A pardon was issued by Governor Hampton to Rosboroughi, whiph the sheriff of Chester refused to recognize. W. A. Walker, Esq., appear,;d for the prisoner, and Solicitor Gaston for the shoriff. The w-vit was mado returnable on the 31st January. The opinion was f'led on the 3d 4'ohruary, Judge Mackey declares that the issued involved in the petition is three-fold-as to the right of the people to have enforced their will expressed at the ballot-box, as to the right of personal liberty of the pris oner, and as to the right of a citizcu to hold, and cxeci the dfntic of an office to which it is alleged he has been duly elected and into which it is alleged he has been in stalled, The .Court find as matters of fact That D. H. Chamborlain was elected governor in 1874. That an election was held on the' ith November, 1876, at which there were only two eandi daes, Wade Hampton and D. H. Chamberlain, and that by the re turns of the County Election Con iiissioners, Hanpton received 92,2;1, and Chamberlain 91,127 votes, being a majority of 1134 votes for 1I:1Imlpton. Tut one lunCjrecd aInd twenty four membe:s were elected to the .ougo of I epresentittives. That of these fifty-a inn having einyiassing board certificates claimed to or ganize nuder E. W. MAl. Mackey as Speaker, and fifty seven holding said certificates, and eight having certificates from the Supreme Court, but who had been dobarred( from entering the hall .by the troops, sixty-five in all, met in Carolina Hall and organized with W. H. Wallace as Speaker. That Mackey declared Chamberlain elected by arbitrary thawing out the votes of .dgelichl ard n LauirenL without going through the formality of a contest. That the Supreme Court decided the Macl.cy House unoin stitutional, thereby rendering all its acts unlawful. That Wallace can vassed the votes for governor in the prasence of the Constitutional House and of such Senators as attended. Tha...th~ failure to at.. tend ini a body by the Senato after notification. from the House was a revolutionary act, i unprecedlen ted in history. That WVade Hampton was declafo~d elected, by Speaker WVal lace, and. thereuipon took the oath of ogi~c ii was qualified. A LEGAL INAUGURATION. The vote wvas declared upon certified copies of , the county re turns, and upon a certihicatoe of the theu; Secretary of Stato, H. E. Hayne, that Wade Hampton -had received, including the roeturns from Eidgefield .and . LaurQnp, 92,261 votes, and 'D. HI. Chamberlain 91,127. The Constitution provides thalt when original rotur~ns htave not b~een receivced, certified copies may be received from the . Clerks of Cdiorts of the <ispeativo . counties. Much, mere should they be received .when 'fhe Secretary of State, by ga .revolutionary act, and ' a?agiant con tempt 9f Cojrt, withheld the -ret,ur'ns, The declaration of the election of jIapiptoppn3at stand pi1tii\.a formal odetis made, as prescribea1b )yv.,,before the General Assembly. ,This Chamiboglgjg has mpt mnado, hiAfvie is estoppell from claiming the giubernatorial office through' . the As~ totreial< itff 'tho declara ' o of the election .notwithistanding 1hnon-attenda . : 9fy thiuyeng~fp &mpnciples unq.erlyng this have W 54589i0 have~retite4 of the, itm 'i n t e r t r lt'tp Tustic aJrv-ha helM thatth first and fundamrnatal rule in rela tion to the intorprotation of all in struments applies to tho constitu tion-that is, to construe them ac cording to the sense of the terms and the intention of the parties ; "the context, the subject matter, the efects anil consequences, or the reason and spirit qf the law." (Story on the Constitution, section 399.) The central idea of the Congtitp tjoi is the sovereignty of the peo ple, and any intorpretatiol. Con tradicting this is inproper. The posi tion that the Court is called on to combat is that after the people have expressed their choico of a Chief Magistrate by their ballots, even though the electors shogld bo unan imnous in their choice, one branch of the Legislature, and that the less popular and luiferous, should have the power of aid .lhling that choice by merely abstaining from being present at its ainnuiiciation. Such al interpretation of the Constitution ought not to receive judicial sanction, unless it follows inovitably from the plain words and manifest intent of the instrument. That illasitrous jurist, Chief Jus tico Marshall, said in delivering the opinion of the Supceo Court of the United States in the caso of the United tates vs. Fisher (2d GIranch 501): "That the consequences are to be considered in expounding laws where the intent is doubtful is a priuciplo not to 1)O controverted. Where rights are infringed, where funda mental principles ;i":; over thrown, where the general system of the laws is departed from, the legis lative inter t-ion must be expressed with irre.iAtible clearness to induce a court of justice to' hlIOsHAJ a design to effect such objects." In accordance with this the Court ?numst hold that the clause of the constitution that says "the Speaker shall open and p)ublisli the returns in the presenceo of both bogigs is biinply directory, and the voluntary and willful absence of the Senate did not inval[icat.e such publication. 1 Lord Mansfield's rule for determin ing whether a provision of a statute is to be deemed mardatory has hero a striking exemplification. His Lordship itd in the celebrated cage .?f .ex is. Locksdale, (1 Burrows, K. B.. 447:) "Whether the provis ion of the statute is to be consider ed mandatory or not depends uIon whether that which was directed to be done was or was not _f ' the essence of the thing required." Tpcourt of Appeals of New York announced it as a settled rule of construction, (People vs. Cook, 8 N. Y.,) that "statutes directing the imode of proceeding by public officers are directory, and are not regarded as essential to the validity of the proceedings themselves, unless it be so declared in the statute." The provisions. pf a law which are merely directory are not tQ be con struod into conditions precedent. (Whitney vs. En. 'kot, 1 Baldwin's United States Reports, 303.) The provision of the city charter of Newv York thaLt,,very pe'rsn ap p)ointed to office under the city gov enent shall take the oath of office before the Mayor was lield to beC merely directory ; if it cannot be so taken, it may be ad mmintered by some oth'er officer. (Can iff' vs. the Mayor, &c., 4 E. D. Smith, 430.) THE TITLfi TO THlE OFFIcE is derived from -the election. The p~ublication by the f~peakcr is but the formal notice to the ,porson elected, and4 to both houses and to ,tiho public of the fac. of such elec tion. TheJhyo houses do not act "both together" in Like apatter of opening and publishing the returns~, but are presejnt as mere auditoi-s. Tholm constitution declares that 'tho Speaker shall open and publish the returns. Thecy are delive6red to hiin by the Secretar'y of State, and at no time are they in the custody of either house. Upon the Speaker alone is -devolved the whole autty to be done in the premises. It will hardly be0 contended that if thie Senate had been actually pteent 'at the opening of the r'ofurns and 'h'd objectied to their being iblislied, tha~t such objection sliould 4'y~e availed to i'ostrein~ the spdaker 'from perforraing- his .constituitional duty of publisippag'~ the ' returns of the election f pov~rnor. The contu ~ndous Absence of the Senate after 4onotice can only be coundered j9 faraete~o~ aprotestagaingts$ph in, yet. no greater wggiL eam be 'atta 69 tqat than if 'that bo~ , g op goally' present '4nd postingagainst the pumbliention 9f th6 am1d rens.Thr n ar bt two contingencies in which the General Assembly can act pt all in relation to the election ' Q Governor, an4 neither of thorn has occurred in the present case. Section 4 of article $ of tlig eqirstitution provides that "the person having the highest num. ber of votes shall be governo> ; but if two or more shall be equal and highest in votes, the General Assem. bly shall, during the sine session, in the IfovsIo of 'Iepresentatives, choose one of thorn Governor viva voce. Contested elections for Gov ornor shall be determined lyy the General Assemblj in such manner as shall be prescribed by law." In this case two or more were not 'J qual and highest''iri' votes." Ond received the highest number of votes and was declared Gov9rnor. ' Nor was the election contes'ed according to lawy before the general assembly. There is no doubt that our State constitution of 17.00 was mandatory as to the presence both of 'the Son ate and House when the vote for Governor was declared, for the Gov grrgr suder that constitution was elected by the Sonate and House of Representatives, and not, as under ours, by the people. The Senate, thprefore, having no func tion to perform-at the publication of the vote for Goernor, it cannot be maintained that its refispal to be present rond .rs such publication invalid. In refusing to recognize the House of Reprosontntives, after it had been duly adjudged the con stitutional 1-ouise by the Supreme Cp rt of the State 'the senate com mitted a lawless nd rvolutionary act which hack no prochjaj'in the history of Amoricabi States. The Supretpe Court of the United States recognizes the 'decisions of the unpreme Court of any State. Yet this court is called op to annul the will of the whole pdople ox pressed at the ballot box, and sol emnly recorded and announced. The people hayo' niAke the grant, and have set .iioii' it'their broad seal, the grantee has cogiplied with all the conditions annexed, and the courts are then called upon to do clare it .void becqpzse .thi' Senate per-d rely closed its eyeQnd refused to witness the delivery. The ,Couit holds that Wade JIawpton having .ben 'elected gov ernor on the 7th November, and having been so dealsi-1a by the Speaker of the House, and havirng t1kOp1 .the dath of office is "the gov-. ornor of South Carolina." The war. rant of pardon issued.by hir must be respected and' the prisoner re leased.froni csrtody. Cigarette Making. A newspaper man cgQgevsed with a Nvcw Y'ork cheiiit.tni other day on the subject of cigaretbo amqking, and was told that the growth 'cif cigarette smoking was doing more to undermino the constitutions of the young menr of oni.,:untty than almost auything else. The gentle man said that he was .Qdistantly being called in consultation with eminent physicians, who 'wvre en.d deavoring to discover the dause of .he~t to thWcy aipeared flaysterious diseases among the young men, of the families of somne of thieir 'nos't inifluential p~atiepIts. ,p ndatly'every case it was' discovered that 'the priimary cause was cigarette smqk., ing. The most deleteriojiis effects of cigaretto smnoking raise frgm the paper in whridh ' the tobinco is wrapp~ed. I~n , the man'.ufacture of this pcculjar paper white lead forms otie of the ,comnpgnent parts, and this, as .is pf copirse known, is a deadly 'poison. Nathryally :this poison is absorbed inito the system, p)roduces blotches on 'the face, in jures the. teeth, asyd makes sores on the lips. .These ay~east the- ine'vita ble roidaltid of the mineral poison abhsorked, an#~ mhay be seen time and aaoini in a 'day's walk-startling wvarnings ,against the pernicious custom. OUT.RAGE ON ZZABnOf3 EsD Auen PRECzpEiNT.-5dihe Detro " ' P~ress says: A chap who ~d1,er% haps, -,ead a newspaper item' sout how 'a street car was 4#leared of passengers in shoit or4 er; ' when a man in the enen rf ;te car an. nounced that lip "the smalpot, tried the game j'dGratiot a venue car yestei'day. p ting aboard the car on Moprae avenue, be sob down beside a ,g' fited. ,man s~g re. obje'ct.t'o riding beide a rnmall-pot ,replied bg nan, 5t as some of thes4r g gn I shall heave you oat."1e ofpn he topkfX joker** e1 ~l*4 leg andEirried' uthe an~sht hi fa ut /