University of South Carolina Libraries
F/,L? ' - v- f f - .*4 The Press and Banile? Wednesday, Bee. 25, 1878, < i"rr*rrr'=;Tm: By HUGH WILSON & W. L". 1SEXET. ABliEVILLK, S. C. A Jli'rH' Christmas. The Pits* (tM'tl Homier greets its readers this mor/iing with tlie compliments ol the season iipd wishes then) all a Merry Christmas. The twenty-tifth of December is a d.tv saeml to good wishes giftgiving and good elieer. Eighteen hundred and seventy-eight years ago the seraphs sang the first Christmas carol o'ei Bcthlehem's-plains by night and its burden was "On earth peace, goodwill tu ... men." v ? It o-m-.o upon the ml<lni?ht cloar That glorious song of olc'. "W ill, unucis brndiiiK the earth To touch their harps of gold. The angels set ns the example of wellwishing; gift-giving had a higher origin still. The Q^atnple .so divinely given exerts it sweet influence y<*t. The unnumbered millions of Christendom the I.vnr nun lli.it infltionct' tills morning with a universality like that touch of nature which makes the whole worl?l kin. ?Old England and New England alike, the fur-<-Ud Icelander and the dweller in sunny Hindustan, the Siberian miner and the gold-digger in far-away Australia, all with hear to-(ky the merry chimes of Christmas, an<L the hearts ol all wlU'hetho belter for being f^Knded of the,, angel's song, l-'roui countless Christian churches, I>rotOKtant; ""Romftn, Greek ami Armenian, the hymns ol thanks and praise will rise, and in the houses of all the worshipju rs there will be, let us hope, the good feeling, mirth nnd hilarity that should characterize Christmas Day. Happily peaco reigns in almost ojcry .corner of the earth.ibi* Christmasyiorning. The bloody Et??M?*XtU'kiyt war, that reddened the snows on the/Balkan hills twelve months Rgo, at last is ended, and peace broo<l? over Bulgaria, if it is "the pcaeo of Warsaw."' Wars of^i^: magnitude there aro none now raging. Onlv atnonir the .A fchan mountains and on our own Western plains can any warclouds be seen. Whijo wc wish the United Sta^s "Sbldier in the .hostile Sioux country^ peaceful and ? merry Christmas, let uffnfll^forgoMhe British soldier who mounts guard this morning in the distant Khvbeer Pass and wistfully thinks of his wife and children in their far-away Highland hoiW\ Here in our own Sfirtflpof South Carolina wj arojjnjayhrr "ffnf hard-won political peace and that goodwill so essential to our happiness and property?goodwill between the two races; and this should give us good reason for having a merry Christinas. , In spito of tho hard times, in spite of povertj*, low prices and short crops, let us all, rich and poor, young and old, shake oaeh other's hand this morning^givtf"each other the compliments of the season, and Jiclp each other to have really a merry Christmas.? But while we rejoice, let us not forget how our Chief Magistrate lies on a bed of sufferingandof anxiety, and let us join with our Christmas hymns a fervent prayer that Wade Hampton may soon bo restored to perfoct health, and to a long career of honor ami usefulness. What shall wo say of Abbeville ? Can she have a merry Christmas? Alas, rlpntli has visitor? too limnv homos in our little town since last our families sat down to eat their Christmas dinncryr In these homes thi# morning they will miss the voiecs that one year ago save them a Christmas greeting, and it will seem strange that any onc sTiould now wish them a merry Christmas, But joy and happiness are duties as well as grief and sadness. There is <? time to weep, and there is a time to laugh. And it is the part of wisdom and of affection to suffer the cheorfulnessof the Christmas season to soothe our sorrows and bring smiles where tears would rather be. Therefore let us all, as families, friends and neighbors, wish each other e merry Christmas. Let u# for One day forget our troubles and our trials, our poverty, aud our jares and yield ourselves up to the spirit of this festive daj*, And mix sobriety with wlno And honest injrih with thoughts divine. Especially let us do our best to enable the children'to have a merry Chirstmas. Care will maet-ttiem soon enough, care of their Own. Let nono of its gloomy light bo reflected on the young folks to-day from the faces of their ciders. And the poor. Cau wo help them to have a merry Christmas? The struggling widow and her starving children, the indigent aged ones, the half-clad, badly-hou<ted poor people,?are wo too poor-ourselves to help them? Let us thjj>k~?f-tlicm as we look forward to our nhristniJLs dinner to-dav. and let lis re member the bleaeing that follows him ... who "giveth unto the poor.'' Again we wish all our readers and all our ft-iends-;^uid'OTi"r'focs too, if we have them?a merry Christmas"our peace to these, our love to those." And if-our Christmas homily has failed to call, up in our readers the spirit proper for this day,Jot them look, into Scott's poem of ? '* "Wh'niion" and read tbe introduction to Canto sixth, which begins with the lines that we shall end with? H?tp on more wo^dT^-the wind Is chill; lint let It wlihrtle as it will. We'll keep our Chrhstmasjuerry still. ?*? \fudge JThonison'a Opinion m the Bond Cases. W^take pleasure in laying before our rcader^his morning the full text of the opinion olvtho Bond cases delivered in the Court orClaims last Friday by our distinguished townsman, Judge Thomson. The decision is onoof vital impo:tance to the Stat^mid her bondholders and of absorbing interest to all who have the welfare and good name of South Carolina at heart. It is of greaviength, but its strength is commensuratd\with its length. Unlike some long judiciiHdecisions that we wot of, which, laboriously dug but narrow ditches, rambled intel^ niinably through the realms of law and beyond them, but wero narrow and shaiy low to the close, Judge Thomson's cision is a deep, wide and smoothly lowing river which increases as it flotfs in strength and volume. It is clear ioo as the mountain stream. The learngfl Judge has couched his.opinion in plain', simple language, whose very simplicity adds f> its force and beauty ; for it is as true of judicial decisions as of beauty that when unadorned thoy are adorned the most. "We commend it to the careful perusal of our readers. They wiljnot find it altogether dry reading./Occasionally they will find a ripple of/his Honor's Scotch humour playing .Apon the surface, as when he alludes )f6 robbing Peter to pay Paul. The leached Judge is fond of a > joke, .and the ^Lerubic Kimpton ho hail to banter, ovjBii it' he did it in Latin. As a judicial deowiou, the opinion will take ' rank aiucyfg tho finest pver delivered in the couc6 of the State! It is a masterpiece ^f lucid arj?L?eogent argnmenl equally remarkable for Us literary excellence and .ita logical * power. It re' fleets great honor on Judge Thomson o: Tyhich Abbeville claims a part. __ .% /' If anytfetog Wlw wanMjig to snow ~or the excellencies of Juuge Thomson's Opinion to the best advautage,it is sup plied by tho short "Opiniwn" of Judge Aid rich apiwnded to it, in which bo con curtc with tho former. It sounds like i " blast from Dotn^Kearney. It. indulge.'; Jn^Ignguaga/nexy and unjudicial tc ^frfficl'i fce thought judicial courts were wtronjpeTs. Frothy with adjectives ahc] fujrtf>us with adverbs, it dashes and 4>iungea along its happily brief course. . '-C. t v m \^ 4, ?" t n JT ig-m-?--u^!-ii.- iranwuunjiSpM^w; i5r ?* v, V v t iuM ends liv saying ym'good at; ^frast, "I concur w^tfUge Thomson." i It is tHwr^'ped tliat when lie tiles a!l , "m.ore ext^1i<led opinion," which he re!servfS\thi?ri]jbt to do,'Judge Aldrichj I will n?t>>nly concur with Judge Thom-I ' , son'sopinion,M>ut try to emulate his lit- j jerary simplicity and his judicial coolness J^Viid equipoise. j \Judgo Hudson dissents from tlie opin- j ' ioivpf his brethren in the Court of Claims, j1 1 jOf hh opinion we know nothing except {< I what we gather from the descriptive;, j references made to it bv Judge A Id rich.!' *" I < i Want of space prevents our comment-1. j ing at any length on the subject matter I' ' of the decision iti" this issue. Sufliee it i j | ; now to say in general terms that it sub- !, jstantinllv sustains and confirms the ae- j t 'ition of the Bond Commission. Next 11 I i I ; WCCK wc SIKIL1 recur L'J iuo luuiunnug ! subject. " . Jc The Register nmJLJJie-liovernor. In reply to our reniarks.upon the utHr' I * ! precedented secrecy which has veiled |t I from the public the condition" anci r ' tons of Governor Hampton, tlip Register i1 i speaks with more courtesy than is some-1 { times exhibited to tlio less pretentious! country newspapers by the great dailies, j ' The daily papers occasionally speak toj, ' i the cofcntry papers who may hold differ- j1 !!ent views from their own in a dictatorial j < i spirit, substituting temper for argument,: J | and it is pjU^ant to see the Register I I wrliile holding- convictions entirely the j J popp^site of ours, presenting them, not I! , \fcithout force, and in an unobjectionable j ispH^it. That..paper believes the public i liav&Jbecn rightly! treated in their exclu-11 " V sion frvln tpe desired information in ref- 1 | crewe t&tho health oty")Uio Governor. ? j The Govcrhor is a public officer, and we J I presume that^it is fair t<T*say that three- i fourths of the rehding public of the State < ' feel a personal inte^st in him. Instead ' I of the reticence pursued in this instance, , j we believe the exact condition of the < I Governor, together with l*\ery notieea| Me syuipmto should have bee?> published * , in full overy day.. As it is, his condition i "piasl)een so secretly kept that some op j { I the Northern papers atone time doubted It ~ ? V ? the fact of the accident to tlio Wovernor.. I We vpituro the assertion that no otheiv | great American citizen lias ever lain U1 | ; in bed (u* long as Governor Hampton Jias ?' ; without the people being made acquaint- a led daily with his condiion. .Whon J Charles O'Connor, of New/' York, r was so ill a few years a^o, ? I the papers daily published his exact con- ? Jdition, and there was not. a paper in tv South Carolina that did not publish more J L of him than they haye published of ^ Hampton. / We believe it to bo/lie province, of a r, ncu-s paper to publish the/acts as' they j exist, and let the consequences take care of themselves. White wo concede to no j, : man greater Jove or admiration for Jj J Hampton, if he had been in Abbe- s ville, we shofald certainly have publish- J ! o 1 once a \/eek, evory t'i ;t that cam j to p I our knowledge as to his condition. As Jj : we conceive it, it is not the duty of an ed- " j itor to suppress news or to make news, !, ! but to publish the facts, with such com- ? ment as he may deem proper. In pub- .?i lisfiing the news we care little for expedioncy or inexpediency. What we want si ^ire the facts. * "?v" t)Tscracefol Act. The act of whipping Hark Prince some, days ago by unknown parties" in the a I neighborhood of Ant rev'lip we believe a ! to be one of the most outr/geous acts of JJ j crueity that we have heard of for many a ' day. If the reports :u; to the treatment I inflicted on George Martin and Ilark 1 j Prince be true, it Is a disgrace to the civ- a ilization of Abbeville County, and the " perpetrators of'the crimes should have t justice meted out to them. There is now p no excuse for lynch law in South Caro- v ; lina. and it is a reflection on the adminis- K tration of justice for a mob in a timo of! ' profound peace! to take the Ijtw into in ' theii" nun hnnds. Thi? RennhKenns of!. the North lrnve lately made a ^Teat noise About ' o^ioa Mk'm':, b*ltetet^but ir this " does not call lowkpr for thoir condemna- ll tion, we arc no<fudge of small matters. j We trust that' tho reports which are " whispered of tbi^ affair may be untrue, ri as we should brash for the honor of Ab- C1 beville County, if ji defenceless prisoner I. on her soil is to"lX> set upon by a mob [.! | and killed outn^ht, or beaten so badly Jj1 that he cannot w Adjonrm^Sinc Die. j.| Yesterday, at th<^ witching hour of u "four o'clock in the Jnorning,"' tho Leg- ? islature adjourned siiie die, and the mem- w bers were thus ablei to leave Columbia si and reach their homes in time to cat 1' ' t* i Christmas dinner. ^Ve wish them all a tl I merry Christmas. They deserve it. I They have done more work and better j work in less time thfin any Gcueral As- {' scinblv that ever met in Columbia. AbI " beville, for her part, thanks her able ti representatives for what they have clone. j* Therk is an interesting article in an- N other column on the navigation of the Savannah, which tfill be read with interest by our people. ;The Constitutional- },( I ist says that Mr. Stephens is the tirm <>< friend of the m9ftsut*>, and, fortified by Mr. Carson's fact* and figures, there is 11 good reason t^hopo liis efforts will be'e: successful ancftTiatffc no distant day in the future thera will be regular steam- c? boat communication "between the head- 0, waters of the Savannah and the Atlantic > ocean. ^ v -') ? The Governor. ? The Register of-yestorday contains the gratifying intelligence -that tho Governj or's critical condition hits been relieved, {) and that there is uow great reason to be- jj lieve that he will speedily recover, and ei bo able to occupy his seat in the United ! " ; States Senate at its re-organizatiOiy in Ii i March next. 6, / !! ? / " " h Tho Brown Tmcs. / v i Owing to tho services of our ?f?le and ! distinguished Representatives our people h i have been relieved of that unjust imposij tion known as the "Brown taxes." "And j in more than one household in the land i ii '>thc news will malic this ChjjSlmaa mer- " ricr.'' Xo joke. j ? Tub General Assembly on Monday {J night sentenced General T. J. Lipscomb, in of Newberry, to the penitentiary for lil'e' ? or good behavior, vicc Superintendent ? rannele, resigned. Judoino from tho pious expressionsU now so frequent in tho Register we arc | Ud to believe that tho pious man of that I concern will soon be a candidate forhojy 1t orders. ^ j ^ We hvve been blamod by many people n for not writing more about the condition ic i of Governor Hampton.?That's !il . so. j" i Hampton's Farewell Addres?. ' Tho following parting words from Govern- , i or Hampton were read in tliellou.-se of Kepro- y sentatlves last evening ; |, Tc the Honorable the Seriate and House of Rep- ; i l retentaiives. I ( Gentlkjies : I had hoped to be able to see ! t and thank each of my friends of the General; t t Assembly in ]>erbon for tlie many actsof per- s sonal and otllcial kindness of whleh I IihvcIj ' been the constant reelpltnt at their hands. | ^ Provldencc, while denying me this great;, i/tvuruiv, u.<r> luuuunuitu n? IMU I lit' rt'aKtllil- ' , 1 ble hope that I may iu the future have the op- 1 portuulty ho to do. t j hut 011 this the eve of your adjournment, 11 r-which will be the severance of my Intimate:, officialconnection with you, 1 feel lmpellodto ' c address to you a word of larpwel 1. I ? Your flattering selection of uieas Senator in ! r the Congress of the United States is one mure 3 mark of that confldeuceuncj esteem which 1 1 - have so constantly experienced at yourhands, and which Has bc<n a never ceasing comfort t 1 and support u> me in every hour of sueccsa or j i of trouoio. That I may be able In the future to merit t > St as fully as I have In the past received it is \ t i my highest hopes. t Aski?g that Uod In his mercy may bestow | n l' his choicest blessings on each and every oik; . > I of you, I am. sincerely and aflictionatoly, your friend and fellow-clti/.rn, I < i wapx Il/oirro-. ' 1 S<S \ J V T ^ v v * J 35 cmmSiox or Hond couut. s1< ?* Wl or Full Text of the Decision Rendered t)) On Friday Dec. 19 th, by a Jliyority "o of the Court. " STATE OVtsOLTlI CAItOT.TNA. ) C'orRT ' V ill OF ' CO C'OUNTV OF IlU'HI.AXn. j Cl.AlMS. TIIK CASES STATKII. Krnncls J. I'elz.er ami others, plaintifts, :' gainst tlie State of South Carolina, .Uei'eiid- j j-lt int. Complaint on coupon of consolidated so l?oml. to Suits were brought in tlio above case and others, on coupons of bonds consolidated tin- n, ii-rihe act of Assembly, A. 1>. I.ST.'l, alleging co lhey were not paid according to their ob liga- ell lion. Answers were tiled in all the cases, t.0 ontainingnumerous grounds of defense. In |n i number uf thecases the defenses, however, co (vere nominal. The plaintiffs proved their V(J nvnershl') of the bonds, and traced from the |.,I >onds their ownership of the "cancelled ,4c tonds, coupons and cerlillcates of stock," hieh had been in their possession or in those Yotn whom they derived their right. In such -uses Judgments wore given lor the plaintill's. J 'Jut defenses were made to bonds by far the ,rj urges! in number and amount, alleging that "'J ii?*y were obnoxious to one or more of the '! ihuvges of illegality contuinqd in thespeciti- wl 'ntioiiKof schedule No. li of (lie Boml Com- si! nissioner's report. . The ease above stilted, arid more were {' * ?Koed upon coupons of bonds regarded an j J w .ubject to the objcclloug nuidc t-y the Bond ""j .'omniission, and trial was liad of them as',1''' est eases. 1 The pleadings, testimony taken in New P" fork, parol testimony and "numerous doctt- -* lients, with arguments of counsel, were sub- >'? nitted to the court in snid eases. Tin; COURT OF CI.A1 M.S. It may lie proper to state briefly the leglsln- or ion which established the Court of Cluims Si uu! brought these cases before It. liy n Joint as esolutlon passed on the 21st day of March, he \. I). 1S78, the Legislature provided ' ? mode Tli )f ascertaining the debt of the State, and of In; iquldatiiig and settling the same." A. A. str .877, p. WO. wi Tins Joint resolution was 'it seems) the re- hi: iult Of a prolonged discussion in the I.cgisla- up lire upon the report, of a commission ap- wl jointed to Investigate the Indebtedness of the to <tato, under a loint resolution npproved 8th 1 Tune. A. I). 1S7*. A. A. 1*77, p. .'lis. At This commission was raised to make n com- su jlcte and thorough Investigation of certain Sti natters, amongst them "whether there is in nu he Stale Treasurer's otllceon tile, as vouchers nu ;ancelled books, coupons and certificates of spi itocks of tho issues described, Issued In ac- be :ordancc with law and authorized to be con- Sti >olidutcd by the act above recited to tlie de unount required by said act," and with pow- e.\ r to the commission, "should it appear in the ; I'' ;ourse of theinvestl^atlvn that aiiy of said i to )onds, certificates oi stock or coupons have!*,'1 >een Illegally or otherwise improperly is- ii ned, to report the same, together with the <>v vUlence upon which the Illegality-or" non- J** ,'onformity to law rests." ? " "c Acting under said authority, the commls-T*? ion made their report,and found that S5.1.S1,- . ilia of bonds were Issued in accordance with ] aw and author!jed to be consolidated under of heactofA.lt. lS7.'t. They further reported th here were vouchers remaining. In the ludg- su nent of the commission, not Issued in accord- pu iiue with law anckeuUiorizcd to be consoli- cu lated, amounting toiS*7#M;717. do The controversy wns In relation to the su onehers for S3,(J0S,717, called in thejplnt reso- in ution of June, A. D. 1-S77, 'cancelled bonds, be oupons and certificates of stock." whether \\* hese were Issued In accordance with law and th; ulhorized to be consolidated. co The vouchers, "ca.ice!led bonds, coupons rei nd certlflcatesof stock," objected to In the th cport of the Bond Commission, are fully set in >rth therein. Schedule No. 6. appended to sci his report, describes with minuteness the sa ecurlUcs issuod as alleged not In jiceorduuce ex rith law.. The question as t,o the validity of lnj hose vouchers was submitted to the Court of tet 'lalms, according to the resolution set forth on clow. ill | it's jurisdiction. j'*< It Is obvious tlifit ?n Important raid prima- (|J' > inquiry Is,' wlpil Is the power of the court? ?11 r what Is the duty required tiy the Leulsla- j 1.', Lire at Its huv.<t?^_XUd-fmrrTort^alms Is sll pedal i11 character, and possesses the powers jJO 1'ii'l'lrcuit Courtotily in relation tO/(he sub- js> ?tfs designated in the resolution /and sub- .'J iltied to it. The powers of tho court are de- ca lied by the enactments creating it, and out- or idc of which it lias no authority to act. j)0 hrse powers cannot becxtejided t?y inipllca- tjj ion, nor can the court assume constructive <)(owers?"powers not literally given or neces- w;] nrlly consequent upon those Riven." Mo- wj icu/.ie vs. Uamsay, 1 linliey, 4"?7. And lnas- jj1( inch as the court exists only by legislative tl)( uthorlty, reference jnust be had thereto to n s scertain both the extent of power and the ^ bjects to be accomplished. 3.^ The resolution provides (1st section) that jj,, aid court shall "liAve Jurisdiction to hear I j,., ml determine any c?w???r<n??os made up or ],,'s rotiKht to test the validity of any of tlx; conolidatcd bondsjx-oupoBn and certificates of jJjjj tock, or of any of the various classes of them I ?t>] iientioned in the said report of the Bond jJ0 'onmiNsion u# renting 011 voucher* not Issuefl t|1( a accordance with law mid authorized to be ?a onsolldated by theact of the,General Assem- 0f 'y. approved December 22,1S7S entitled "An col ct to reduce the volume of tlio public debt, lin nd provide for tlie payment of the same: v(3t ndaisons not Issued Inaecordance with law, nd further designated nnd described In JQ chedule 0 of the san^e report." \ it's aj'rtflstkd wokk. j That which is plain needs no Interpretation j>v 'he validity of the consolidation bonds, con- ]? ? tons and certificates of stock or any of them .|,j .1 resting 011 vouchers not issued in accord- 1)f) nco with law pud authorized to be consoll- ' . atcd by tiie act of Assembly of A. D. 1*?7:{, is i? 0 be tested, \ |on At the close* of the same section, as if to: n ilnee the Intent hcvond doubt, are added the 11... rords, "and also as riot issued (that Ik, the f,.(J ancellcd bonds, coupons and certificates of oa toek) in accord a nee with law, atid further flr eMi:natcd and described in schedule 6 of the <>0, nId report," viz, the report of the J}ond Coin- fr.. illusion. h( Upon a reference to the report, Oth pace, the er illowlnglanguage is found: "The remaining r)|| t.OUS,717, of these vouchers, In the judgment or f the commission, were not Issued In accord- ve nee with law and authorized to 1>e consoli- |(C? ated by the act above recited."' This follows 11 enumeration of the evidences of public In- WJJ ebtedness. called by the ltond Commission .,r< vouchers," applies to eleven classes of secuItles. Can there be a doubt that the voucher* o/*,t cferned toin the resolution are the securities p[( rilled vouchers In the report? \ With equal clearness the mennlner of the gj", legislature may he loarlied from section !> of lie resolution, which deelares that a case or rises are to be heard and determined in said wj ourt "to test the validity of the said consoli- J1tt ated bonds, coupons and certificates of slock leniloui-d in schedule (i, bringing before the j,',f ourt the various classes of vouchers which it Kj, >alleged In tbe report of the said coiniuIs- ,w Ion impair the validity of the saidefluaoll- jn] atefl bonds, e<>upons and certificates 6i ?ock >n, r any of them." / / What Is the meaning in the 'nrrf)tt/"?-nr hich according uTtln Hiimimn use /of Ian- 1 unge is to be given to the**; sections of the ye lid resolution ? They ought not td be ex- pit nded beyond their ordinary sense, |n order tin i comprehend a case within their object, for ed lat would be togivc effect to an intention dis ot expressed. (Broom's Leyal .Maxims, nil ro.) pi* Where the Jurisdiction is aharply defined, cd nd in so many words, what place can there qu e for the exercise of constructive powers? ed n regard to the grant of power here express- mc ;l, the rule that the express mention of one tui ling implies the exclusion of another muy ha tl.v apply, (iiroom Ij. M., 27S.) In eonncc- tin on wilh the consolidated bond*, tlio only Mr lutters mentioned are thv vouchers. Ill othino to do with the consolidated cel act. !!? The question Is not whether the consolkla- sin >d bonds, coupons and certificates of stock tin re valid, but whether they are valid as Is- pl< led In accordance with law, and authorized wl > be consolidated by the act of the (Jeneral In I Ksembly. Or, statedlu the'.ith section of tin le resolution, "to test the validity of the esl Udconsolidated bonds,eoupo.'S anucertltl- nit ites of stock, brinoiny before the CQXtrl the va- of loux etavscs of vouchers, which it Is alleged H npalr the validity of the bonds, coupons and ter .'rtlflcateg of stock. for For the Court of Claims to hold that the act nu f A. 1>. 187a, Is conclusive, by compromise or yei tlierwlse. of the validity of the bonds, cou- of ons and certitieates of stocks, beeaus the jcurllles to be consolidated are enumerated . 1 the first section of the act. is an end of the * ise. Such a question should be mnde before J1.11 court of general Jurisdiction. This ques- v." on Is not submitted >>' the resolution to the "J.1 ourt of Ciuinis, nor does It touch the point "r. resented by the 1st and Dili sections. The lain intention of the resolution is to ascer- lI" iiit if the various public securities set lorlh nu i the 1st section of theaet of A. 1). callJ vouchers in the report of the Iiond Com- \'F ilssion?were issued In accordance with law, ndaulhorlzeii to be consolidated by the act. so,5 f so, then the consolidated bonds and tlu ..J ertitlcatcs of stock, taken in exchange for sl,< lie vouchers and renting on them were to be J'.11 eld and adjudged valid debts. If these [!'] ouchers were adludgcd not issued In accord- , nee with law, then the bonds and certitlites of stock resting on them were to bo so !ct= eld in view of the resolution, and were not }1' uthorized to be consolidated, despite their xisolldalion by the net of A. I). 187:t. ^ , Hy the resolution AstitJuue, I?i7, the Iiond bmniission is direcTTsul to make a complete J""' lvcstigation. First, of the entiro amount ['.'J' f consolidated bonds Issued under the act of ' l. l>. 1S7H, with particulars thereof; second, J. liether there is in the Suite Treasurer's ofce on tile as vouchers, "cancelled bonds, cou- : ' ons and certiticatcs of stocks of the issue . escribed. Issued in accordance with law and uthorized to be consolidated by the act bove recited to the amount reqnhed by the aid act.-' A. A. 1S77, p. :il!?. Two Inqulrlis ^ rc bv the second paragraph of section 2, Im- r. oscd upon the Commission?the first, as to n i lie vouchers, if they are on tile in the Treas- _;j irer'solllcc; second, as to the amount re- i uired by said act, that in, the amounts speci- * led therein ui>on reciUii. u j the voucher* to he examined. iri| Keeping in mind the Instructions given to 1 he Commission with thoseglven to the Court j f Claims by the resolution of LVd March, 1S7.s, j n sections 1 and ! , can there be a doubt of the ! W luty or service to luj rendered by this court, | Si" u4ii1ui j , nil r aiiiii ! imuuii \JI 111(1 >uuuivia valumped for consolidated bonds? > lo; It Is evident Hit* Legislature of A. I\ 1K7C-77 n?' lid not conceive itself hound by the former lz< etlon of the same body ; and felt itself at 2(>l ilierty to go behind the legislation of its is iredeeessor. The propriety of this is not be- SI. ure the court. nfl That (he above construction is to be placed j rlt ipouthe resolution is otherwise clear. Why (All Mould tlie I.egiftlature refer It) a special tribii- | vli nil the question to test the validity of the to iondsau'1 certificates of stock If the validity ' >f these securities were regarded n.s establish- ho (d by the act of A. P. ISTft? Why designate i th o the court if the bonds and certificates of I in lock were valid debts under said act, the | hj utile inquiry If they were valid as resting on ?c rouchers or securities which were invalid, as nc lot being issued according to law? The re- fri >ort of the liond Commission assails the'vn- 1M idity of the consolidated bonds and certitl- 1 ates upon tlie ground that they rest upon it( nsulhcient or invalid securities?securities j dc vhlch were not debt?ami this position is not or hanged or enlarged- by the resolution which \ th ireatcs the Court of Claims, and relet s to the , bo eport. do ROl'OSITIONS OF I'LAINTIKKS DISPOSED OK. This view of the Jurisdiction ami |>ower of J lie Court of Claims disposes of the several til >roposltlons of the plalniitl's, ' T1 The second aflirms "theconsolidation act J xeates a contract between the Stato and in (very holder of ,her debt accepting the terms of hereof, whereby,in-consideration of mutual ca idvantages, a composition of their claims ch VJIN IlltlUU. ttlllCIl in unai liuucuiiuunnv. No opinion Is expressed, nor Intended to >f the force and effect of tills proposition. It' t-c; s enough tosny tie question presented is out-' th ' '"tSj - - iki.. -ir::.-- ? V'- *? C ~?f\ ZL.J At 0 / / ' Icof the resolution and not found In Its jrds, or intenf, without departing from the j dlnary mcanlni; of the language. Ills manifest that the third proposition ofi e plaintiff? becaMQ. Mie Slate by her uction otherwise hasprceludeJTTmcsdffroiiidenying; e obligation of any of the debt recognized as j ilid In the consolidation act1'?conies with-1 iho reasons above stated nnd cannot tic nsldcred by the court. I'he first proposition of the plaintiffs, that lie consolidated bond* are coupon bonds i.vablo to bearer; tluit Is to say, negotlablo struments in fhejiauds of bomijldc holders r value before maturity," is not within the ope of tlic resolution, but may be modi lied express the jreal <|iiestion. i'he proposition stated atllrmatively is, that e vouchery, that is "the cancelled bonds, upons and .certificates of slock." In exange for which*' consolidation bonds and rtlflcatca of stock were taken, were issued accordance with law and authorized to be nsolidated by the net of and (tlie uchers) also as issued in accordance with ? and further designated a/id described In hedulc 0 of the said report (bond report.) NATL"UK OF TIIE CONTRACT. [t becomes necessary to consider the eonlct between the mate and the parties to ?om the cancel led bonds, coupons and cerlcates of stock wero sold or transferred, in iat way the State Is mndca party, and how ch contract i? to he construed. I'he State proposing to borrow money offers i obligations lor acceptance, not to ono or opersons b?U to capitalists of every counf. Tho termS~of obttjrntfon mid discharge e expressed by an act of the Assembly, lis act is nosccretdocument, but a high and blic record. The party, too,'Acting lor the ate witli which tho lemter is to treat, is inted out. All tills Is necessary, nndocines fixed?not flexible,.Jlke a contract beccn citizens, but the ofler simply is sub11ted for consideration,awaitlngacceptance rejection. And here, also, the agent of the :iteis without any discretion, except such the act confers. His power Is special, and cannot modify or enlarge his Instructions, ic lender thus fins 1t in his power by rcfcrrgto the leglslinlon of the State, to underdid the exact tociu^jf-ltTt! o^'er?tho agent tli whom he has to ileal jfind the result of s acceptance. HesliVailtl bejtr In mind that ion a deviation from too jcglslutlfo offer, llch no one, unless empowered, can assent ?IheStale Is not bouiit*. [n u word, a bond IssiiMl by an act of the ssembly is so connected with It as to make bstantially one contract. A boml of tho [ite Issued without legislative sanction Is a illlty. A'State as a borrower of money iv iiwmnn a*an LadtvMiitl. though not re-1 unsible In tbemfmo mode, But.it is renienired, there can be no equality between tli? ate and its olllcer mid parent who nets ns unr ft mandate. An individual Is liable to the tent of the power Apparently conferred on snsont; but the government Is liable only the extent of the power actually conferred, ercc vs United SMffcs. -i X. and II., 270. lis prlnciplOch^ftpplli-able specially to tiie er-issuc of bonds under cover of the act of W to raise funds Jo puy_i?4erest on the pubdebt. "En~tSl'r OF*6OXDS?* "RXDICAI. defkct.T rh relation to the bonds issued for payment interest on the public debt, it appears that e firK issue under the power conferred by id act"yas for one million of dollars. The irpose of this issue as expressed was to sere a loan K) pay the interest on the public bt. On the face of the bonds of the first ise the title of the act is set forth full, the datfr.of the act, and also ins; stated in th$ body of the bond, aivinir the question Whether more bonds an amounted to 81,')0O^K) on their face uld be issued until a millroo of dollars was ill zed from their sale, It 1*as apparent ere was an unauthorized exceMk of Issue, number and amount. The Issufr^of the ?ond million of bonds was madcuudor the mo act, the bonds similar In every respect, cept that instead of the title of the act be* i Inserted in the bond, there was substitu-. i for it the words "issued under an act ap/ oved August 26, 1.H6S." There Is no dispuf; the fact that bonds were issued pnrport1 to be under this acl which produced more itn a million of dollars. This appears/rom u act of 1K73, which authorizes the Issue of rr.ooo more than the million of dollars nu rizod by tlie act of August 26, iSOS. is tho ite responsible for this over-issue of the nds forJl.fJOO^Kjt) 0:1 their face, or.the ovcrue In excess of bonds nocessary to be sold produce one million of dollars ? In cither se there was a positive want of authority power In the agents of the State to Issue nds beyond U certain number, or for more an a certain amount. Thl? is not the case power irregularly exorcised, but tho total ? mtof power. It ts a radical defect of title ^ itcli will avail against a hoii'i jklc holder of 2 bond. The otllcers of the Mate issuing t-se bolide and selling them were agents for pecial purpose, and could not bind the ite beyond the power expressed. (2 Kent, , Note A, Wilkison v.i King, 2 Camn. II. 325: irtop r* Una re, .VAtkin -M.) A special agent s no discretion.': all government agents; unsotherwise i-olpowered-arespceiallairentir. . Hderson rt KOonl.v, 21 Wendell, 27!l 2 Kent., , 621, Note A. Uordon i s Buchanan, o Ycrr'sTenu Hep.,71.> To fay tho least, tho nds oveivissuod as abovlr arc without atijrityoflaw. (X. V. and N. II. Uallr<iad Schu/Icr, 31 X. Y. Kep. 3D. DoVoss V? e4iy Richmond, IS OatUir, Va. It., :Jt>2.) The iiciuslon is, that bonds of the second Issm? der the act of 20th August, A. I). 18iW, In exis.of one millon of dollars, were not issued, accordance with law, and authorized to be Il^uuuiuud uy UJU m;i i;i ioi?, ?WYPOTTrfc^vYni) 3Q5D3- _ tUTTTTPsUon of g roil test Importance raised (he report of the liond Commission?al ist involving the largest sum of money--!* it called "the liypol iiecutcd bonds and couns." 'lie plan ndopted h; the officers of theStatc the conduct of its credit was the common e of borrowing frim Peter to pay Paul, id the credit of thoisiate been good, and its nd? nt par, slight Iqss might Inive resulted mi thjs operation. - Hut In this scheme not ly.inost the agente.* effecting the exclinngo credit be paid, but/there was superadded n ustantl.v lncreaslnc volume of debt arising >m the difference Oct ween the market and ; par value of theboml which the purchascould claim. The multitude of South Carmi seenrltles on the market was so great, thexfrcilit of the State so low, that in Sumbur, 1*71. the Orr btmds, regarded as tlie-t si, sold for per cent., New York Test, i't. continue a sale <>l" tlie bonds at sucli a rate is to hanjerupt the Stnty, find the policy was sferred of obtaining loans by a pledgo of e securities. Tlie two acts of Assembly of h August, A. r>. 1S6S, gave tio power to ; sdge the State bonds as collaterals for loans. A., 18<iS p^>. 18 and Ifl. This power was tlrst ren by the act of 18<i!l, approved ITtli FebrtiMA. A? p. 1S2J to tlie loan contempiaI by this act whii)h was required to be made tlun twelve months from tlie timo of Its ssage. By, a subsequent act, 2?!th March, ii?, (p. 158,) the power was given to pledge for ins all the bonds of the state in its posses>ii, and extending the time of tlio loans for o years from Aith August, 13U8. It may be ferred the value of these securities did no! srease, probably it decreased. TI1EJJI t.'SK. 'lie financial agent could seizor pledges I, III I llOUJJli. \11U mqc VllllIU 1)I tllC IUIIHI, ?dged wns nearly fourtltncs tlie amount of e loans, lie never sold in relief of the pi wigseen rites, the evidence showing inorensing itustof the collateral j asa xuindenl Indently. (Mills' Ev., N. Y. Y., i>. 25.) These dged bonds were never relieved or rcioas,except in one or two instances in small lantitfes, and were sold or otherwisedlsposof by the pledgees, as appears by the testi)iiy. (iovernment beguis payable at a fure day, especially when the day Is distant, ve been a favorite mode of Investment for not actually engaged in trade or handigmouty itself. With Uteagedand trustees sa preferred security, as It proffers safe and :t?in returns, without supervision on their rt. The reason Is obvious. The community men forming a State is ?ure!.v safer than any igle person of the cominonwealth. When j faith, credit ami fungs of the Stnto are dgeil for the redemption of the principal ten it becomes due, am tor the payment of merest In the form of coupons in the mcar.ne, the highest security |s given. Tho hony and wraith of the community are elc nts of increase I security for the payment the bonds. io also the permanence c>f government ens Into the essence of government bonds; > a State undergoing chanpas soineof which ty overthrow its form of existence In ten tirs can give no itssurnncp for the payment a bond at tlie end of twqnty. SV8PICIOITS CIKC L'MSTANCKS n theory, at least, the tjonds of a govern nt should heal ways at par, rs the credit of e wliole Stute where tlie property of all lntriduals Is bound should exceed tha credit any single member. It is obvious that icn these bonds were used us collaterals Et c was a wide departure from their com>n use. Seldom have Stutc bonds been used a guaranty for the payment of doubtful ol>ations. Ought not the very use to which ey were applied have boen a warning that nettling was wrong? he credit of a State it a sncrcd thing? juld not be piostituted to every common rjiose and hawked ahopt on change like * note of a common hnckster. Certainly ; circumstances surrounding Ilienw bonds mid have suggested (i rigid scrutiny of thclj :al origin ;uid of tlio po\yer of the possessor dispose <>f them. Objection Is taken by ; defendant that the bunds issued under the oiic"? of 20th August, 1h}>s, could neither be d nor hypothecated after the expirution of o year s irom the date of wild iicIh. The net used 17t li February, A. t>. limits tie ne for loans to twelve mqnths, and authors hypothecation for lounp. The act of 20th March, 1WJH extends the' time for negotiate loans tinder the acts of 2t>th August, MiS, two years and authorizes the pledging or ins as security, 1'iioseloans are: i N72, July J, loan from Morton, miss A Co., fi.uOO; collaterals S7i.ii,000^ Uluc ltldge Railid bonds 5i?t,000?Sl,l-M,0W. i7J. May 22, loan from F?. IC. Wlllard, $90, I; collaterals8250,000and B' It. It. li. $175,00O A-2i>,UOO. K72, April I, loan Irom Israeli. Knox.Trcaeer, $00,000; collaterals S2lt!,000. IS7I,September 21, loan from Dry I>nck Hav,'S Hank, 8100,000; collateralsRKO,0)0. 872, April !i0, loan from German Up Town vlngs Hauk $50,000; collaterals t2<xv>0i>. IK72. (September il), loan from Commercial arehouse Company, ?47,810; collaterals bl2t>, ). i-'rom thlsstatcment it appears that ail the ms were made after 20th August, A. I>. 1870, ;>rc than one year after loans were aulhor?d to be nnule under the nets. The act of :h March, 1SG0, declares the financial Agent "authorized to plodgtt the bonds of the nte, which the state now lias or may liereler have In Its possession as collateral secu,y for .Stateloans," with a proviso that In trti nunc! ifiim lie sluill ?iin ft irill t O t lie DT O gions of the* acts of-Uth August, 18WS. It is be observed I but llie power to hjB'othocate connected with the loa|i8. Hypothecation, iwever, whs adopted lis a mode of eU'cutlnj; c loans. Tbc simple question then Is, withwhat lime do theacts authorize a loan and potheeatlon ? The answer lsglven by the ts, within two years from the passage of tho ts of 2<;ih August, A. II. 18(W, apd one year >m the passage of the apt of I7|h February, i0- : I it Ik needless to say tfntf nftftf fhe time llm d by the acts, the Governor cpuld not, unraets of 2jlh August. I{W8. not the Uovern, Comptroller General iuul Trofisurer under e act of February 17, JSU9, negotiate State iids; nor autllDiizc the Financial Agent to so, ? TIMK AJi ESSENTIAL ELEMENT. tt may be submitted In reply to this that ne was not of the essence of the contract, ic law lv otherwise. In Cireen vs. Ulddlc, 8 Whcaton 24. It Is said regard to a ijm Impairing tho obligations contracts, that t Tie/Hill gat] on of u contract n never depend upon the extent of the ftngc which the law effects it. Any devla. jn /roni Its terms by ppstpon lug or acceleraitr the period of permiiuenco which it prerlbes imposing condition* not expressed in e contrupt or dispensing vUh tho perform-/ r i ' ^ j""- ' - a/ > 7^ anceof those which fire, however minute or ' apparently immaterial in their effect upon tho contract of the parties, Impairs Its obllgntlon. That time may not be or the essence of v?n> a contract Ik a principle of equity Jurlspru- e*tc denec. In cases like the one under consldera- 1 tlon,equity follow* the law. "If, therefore," Loul says Duron Alderson, "the thing sold beofjrenc greater or less value, according to the efflux- Ecas ion of time. It is manifest that time Is of the ",r essence of the contract, and a stipulation as antl to time must then bo literally compiled with ?ros in equity, us well as law. The case of the ,e*' sale of stocks and of a reversion are Ionian- xl ci-softhls," flip well vs. Knight, 1st Younge * it ('ol I ver. 415: story, ss. 775. 77(1: I'd Kcltt 021; note K. Uuty t*. Ciirswell. 2 I. U..4S. That time was regarded as an essential ele- *y\l5 mcnt of the contriict, Is shown by the action ?{ l| of the Legislature extending the time to effect J,''8 the loans from one to two yearn. H'?(' THE TIME EXC'KEDKD. JnVH In plain language a power of attorney was Th given to certain otneers of the Slate to bor- resei row money within twelve months or two ty, s years, ami when not accomplished in that and lime, their powor ceased. It was nota power prcs which these ollloers could exercise ex officio, foun Theirs was a conferred power, special, from noti which Ihey derived the right to act, which fllen they could not modify, and from which tiioy Judi could not deviate. It is deemed scarcoly nee- I'Jt essary to refer to tlie question of notice in relation to the contriict contained in the acts? All the bonds rofeivto the acts under which they were issued id such nnmistakeable language as to give full notice of their provis- * q ions, upon reference to them. There is notice of another character airect- of Ing the bonds, ffot only that they were lssn- j ed after the power liad ended, but those deal- ' Ing with them \yerciiot 6ona/!deholders without. notice. Uovernor Pcolt, nt nn tarly day, In Ills mes- j], sage of Is'oveinljer, A. D. 187J?states the tierce 0r j warnings gi ven^bvtUe press of the state that ,, the bonds in qirosyQn would never be paid; ~ar< that t hey were bujjftmet' bonds Issued by a bo Ass gus legislature; w^nilnijt'-.upitliH.M.s of New sum York they woukl not ; that the whole seheino was a Jobaiitl a MnMdle, and that the i,( . bonds would never he roraffulzeo when prop- y, erty holders and honest'tt&i had a majority tor in the councils of the sti?. A page of Ian- mill guagcof this cfittraetcr Inserted in bis ncul message,?a public doiiittTetit. Governor Seolt says further that these warn- . . lngs began in the press but ten days after 1 " the ncwgovernpient wentintooperation?17th lam July, 1S0S. lie declares, ako, the action of the Si Taxpayers' Copvenlion in May, A. IX 1H71. (>ve, ??/! f\f flm r'lmp|(n;?An Unnnl r\f Trnrln. had ft most disastrous cli'cct upon the securities of .? the State, and compelled a Uirge and rapid Increaseof tlie public debt. He thus furnishes In a public document tho notices against tlie reec bonds, and of the ellect of tho warnings in oft New 1'orU. , cau J0NDS IXV A. LID. for Human credulity would fair trfmsdend hn- lien man belief, if Itcouid be supposse4 that banks sair and bunkers dealing lnjiublleiicciiritiescould ' be Ignorant of these egressions in regard to . ? tlie bonds, Thp conclusion is, that the loans toil! and hypothecation of securities negotiated nf- any tor the period^ of time limited by the nets 0tfji aforesaid, were not issued in accordance with _ law, norauthorjzed to be consolidated by tlie '. act of 1073. j" 1 I.AND COM MISSIONKit, j11 a The first act providing; for the appointment JJJ1} of a lan<l commissioner was passed 'J7tli March 111 1 A. I). 1S69. The act establishes an ortice and S the offtccr was to be known us the land com- orn mlssioner of tf?e State ;of South Carolina. lie was lo be appointed by an Advisory .. Hoard which consisted of the Governor, Comptroller General, State Treasurer, Secre- ?? 6 lury of Stale and Attorney General. The np- Htoc polii tee was to give bond In the penal sum of and twenty thousand dollars for the discharge of anv thcdulics of hlsotllcc. and was to receive u - * salary of two thousand dollars, lothis land 'iilif commissioner wtyo could scarccly think with- ?U)>" out the sanction of tho Advisory Hoard, the mis Legislature d I rented the Treasurer to issue fen-( bonds of this State to the sum of two hun- j dred thousand dollars with coupons attached. """ Thelpluin Intent of the act was that the bonds ?.Y l should be placed In the hands of the land und commissioner. Ills duties involving purchas- niei es and sales of lands, the direction in the scv- ?jffl enth clause of the ?ct as to the Investment of j4 moneys from sale* to' constitute a sinking fund tor the redemption of the bonds Indicate i?g a separate management, and that they were catt not to merged in th?, general funds of the Si State. Except the directions that the bonds ...in were to bo issued t<i the land commissioner, f there Is no direction as their sale nor any limit In the act of the time within which they dan could be sold. Tliebontls Issued under this tho act bear upon their flsoe the words "issued un- ,?uj der an approved March 'Si, 18t)!)." ?r,,t - The uciUimO. Lu relation to tbe Land Com- " Mission was passed ift March, A. D. 1S70, for t?u11 anvissue of Sot'O.uou. These Iwaids were Issued ing wltmnit limit as regard* time, but the power moj of negotiating them wus withheld from the Lnnd Ccnnmlssloncr. The l>onds were to be ncgotlateiKby the Advisory lioard In such J,W1 form and niinncras t|ie boitrd should deter- >ng mine. The lipids issued Ululer this act bear one] upon their face\he word* ''loan under net approved March lsfvlHTO," On tlie 2bth March, .,no LsO-.l, the day befor<N.h< passage of the tirst I. Land Commission ntfvthcLegislature by net authorized the KlnanclM A|(ent"to pledge the the bonds of the Ktnto, whlcfNJic State now h:is Si or may hereafter have In ItfhyoKsesslon nscol- for; lateral security forstatp loiinftC' with the pro- ,.iin vlso"thatln all tlie transaetlonsjieshall con- " 1 torin to the nrovlsioiM of ail act wtvtltied 'An "OS net to authorize n loan to redeem t oHlisa- pari Hons known n? the bills rwrclTalil?syf the be ( suite of South Otrolina, ratified tlip 2?ilH,day jwe of August, A. I>. ISiM." There was by bLia f. , net iin amendment of the MctN of Augnst, lKtij^ l"!*' extending the time forlorn* to two yearn. , V1,'< / wit! INVAI.IP. / or r "Waiving the question whether undrr the (.]1M fird uct Any ono <*>uld ne^tlute (lie brindabut . the Land Commlsslouer, nnd con^eiiunntly whether their hypothecation bv.-iheVlnao- tlio clnl Agent wait not illrtsd, ItyAcem* ph?in iinj; Ujiit the pledging of the bondjrlsskcJ under <$] both act.s is objectionable. _/ The bonds were imurcsson with aHjJha rcstrlctlors attaching tooiboV bonds Igsnca by boa the Financial Agent. Neither the loank nor eoll the hypothecations were made wltliln two ('on years, the time llmUed. j!)rr DKT.Vtrtl KD COCPONH. es1< Fur the rertaffi stated above In regard tothc th" hypothecations of other bond*, the eonelu- taxi si'nn Is that/no Kind commission bonds l?y- Si pothecatorf were not issued in accordance .i;a, with laV, nor authorized to be codsolidated , . underlie net of Assembly, A. P. P'ct 'iiK defendant objects that the coupons de- nex tallied from the bonds between loth June. Irt74 Si tnid ijth June, 1874. amounting to SEil.MKj, "Have not been issued in accordance with law, J? _ uoKnutluiriml to be consolidated. Theirstliiiouy of Henry I<. Ynppnn, Cpnrole 1 testlmohx, page 73,> shows tiiat couponsneeu- J*C' mutated lirvu; treasury until November 1K72. Ho says they wvreput away in the vaults of the treasury, nndSihcn he l?ft the treasury' 1st November, 1n7'_\ tihsiliad not been disturbed. n T u.1.1 In hlu Mlllmnnr /r>nrr>l? testimony, page 72,) says thnt^fivijst lie was In the treasury "thero were niatureiV<pun(?ns clipped from bonds sent to Klmpton?NXhi'iro coupons were put In package* and put in^ay In the lire-proof vuult Inside of the sufe>u the treiiswy. They were not cancelled at tluS time when they were put awny, und so r^J\T<i nialued uncancelled up to the tlmo he L*Ct the ofllce. i / lca.Aceordlnjr to J. L. Xeagle's's tat omen*; fpa- A? role testimony, page 82.1 he received/In the early part of l&Tii. from K. O. I'urktfr, aboiil It rii $000,0(iu of coupons for ItU action Ipt, und us Tli his share, for tho funding of thf coupons, fort ills doubts were quieted by.-tho assur- hecc ances ol I'arker that "the/thing Is all dies right." Ho turned ovor /o Y. J. 1*. Owens for fnndlng n Jnrafi part of the coupons, between $W),000 and $1)0.000, He was Tt again disturbed about th/character of the ?" rat transaction, and bavin/ "ascertained that 'J"1 they, the coupons, wet? wrongfully in his "too hands, he destroyed tbeni, vlt., the balancc w''' ?about S12,0f*>?in the last twelvemonths. ?,d( In tho settlement with the Financial Agent. 'Journal,-House of Representative!*, > 1872-3 p. .Ki7,) itiiistnted that the Agent had 11/ returned tojifc State all coupons pnlil and all IXt not paid orfceptlng an outstanding bond owned by t|*trd parties or held as collaterals as H hereafter mentioned. The coupons of bonds ji owptfd by third parties would lie the proper- TI t/o[ the owners of the bonds, and out of JClinpton's reach, unless upou payment. Tl KIMITON Jk CO. ' Al \ 81 vhe above facts corroborate the facts of T Parker [par test. p. 19] where he states i?t ,. length the scheme between Chnmberlaln, Pt Scott, sjeugle, Klmuton and himself to fund oA. the coupons through owners or others, and front the testimony nothing can be moreslg lito.tnt n'VKit ^Kimurt/iHAn tlin it 1 (hn n/\n<4 nof Tl of the purtleVengnged In It. Theie van no in n pretense that the.State owed them who were free then Its present OKjate officers, or that they txci obtained the coupomiln any business trans- a nctlon*. Why fund them through another ? urn They ure dealing with tfcqs of thousands bo z free, as to suggest the IdeaNrfJ'como easy, go chai easy.*' Dock It accord with fTnnian conduct CI that Klmpton, who,ofter his settlement with bln< the state, claimed a balance of thnthiAnds as rcri due liim, wou'd have shared withNuMiers, U< without equivalent, valid securities>tint Moi would have paid him, or secured him CrcdtH, loss Judecus ? / N, the conci.u8iox. / ^lci / / liro The conclusion Is thitVthe sold coupons were not Issued in ncynrtfuacc with Urv, nnd authorized to b<uuineoJfaated by Jtfe oet of Xo doubt the Legislature,-in tended, by ?reference toa legal riody. U?nt the oursstlon submitted should be conijklcied in their legal aspect. The question tdr this court. Is not what the State shouliKlo, what steps policy sunifcfits, or good fulfil demands. In the view taken, these questions were not before the court. The slitftle question was, whether tho vouchers, Umt Is,"the cancelled bonds, coupons and certificates of stock"?issui d In hc- Th cordannc with law, ond authorized to be con- |Hu< solldflted by the act of theUcneral Assembly, tliei approved lieceniber A', IsT.'l 7 To this qucs- field. tfon the abovo conclusions aro given us an- in vwer.H. brut MATTERS I.EPT t'STOt'OHEP. AnJ assumption from the foregoing views "cm that lhc>onsolldatcd bonds Issued under the act of IKTJace valid or invalid, In other rc- 1111,1 spects would ^gratuitous. The propositions ter. on behalf of tho-^ondholders, slated above, have not been considered, with si.y purpose ^ of their decision. Tha.cfl'ect of the oct of 1K7:| *, ?the acts of the State authorities?the vest- " ingof rights under ucts of Assembly, though ^ afterwards opened for consideration, with other questions in tho lntercst*?f the bond- " holders: tho constitutional point*,made In the answers?want of registration,'-And tliei llkeon behalf of the defendant?are all ques tlons about which no opinion Is espreeiwd. llfl A 8COOETION. \ Til ere IS ft Cinss oi CUM-k, nui iinuij 111 iiuuir ber, which have held the owners of munlut- Hj pnl lionets, which were subject to'exceptWn, Hi entitled to certnin payments. Thesewentfln- Th stances where equitable principlesprevailing ln and the corporation having received some Ar value for their securities negotiated, reAind- yij edtothe purchasers their money.. The case of the County of Armstrong r?/Bin ton,1 47 xei Pcnn. Hep. .'570, and others thersjn referred to Hon are examples. A suggestion Is scarcely ven- p0 tured, If u settlement of the bonded debt gtoti could bo thus elt'ected, yet, U practicable, it should satisfy any one but a speculating bondholder, and at the same time not be un- Th Just to the State, neat It Is ordered und adjudged and decreed, free that the "cancelled bonds, coupons and cer- exce tltlcatesof stock," called 'vouchers," in relu- A cc tlon to which conclusions have been nnnoun- tim? ccd above ln thljr opinion were not issued in &> 2> accordance with law nnd authorized to be c/toti consolidated under the act of 187:1. And that CI< the consolidated bonds and certificates of bind stock exclrtiuged foa said "vouchers" to the ceipt extent, srnd so far as the said consolidated Ke bonds And certificates of stock rest upon said Mon "vouchers" for their validity, are not bind- oss. lntfobligations of the State of South enroll- Ne no. THOS. THOMSON, men ;/ I concur la the 'result, Brot A. T. ALDRICH, /; I - ' i i . .J , '*>1.^;' tPrr ' .. Yy" . v rtie Opinion or Judge Aldricb. W r regular duties In Abe Clrcnlt will pre- resp i me, at ftTfrTTme, .from presenting nn indedopinion on tlnrtiue&tlonn submitted jUdi is, by tlie Joint ^solution creating the of tl rt of Claims. Concur In the conclusions 'fhe hed by JudgaThomaon.nnd although hl? uCni onifTg4a perfectly satisfactory to me, so n?en s It goes,yet I am disposed to go further ted I hold that_tl}lA wtaofe legislation was so beau s a fraud, on a helpless people, that It will wc le greatest injustice to>nrcc the Innocent jn tl inyer to pay the d#*rts thus contracted of Ji 11 usurpinggoverjHtient, without the war- t?ari of cunstitutUniai authority, against suit' :h the taxpayers loudly and earnestly pro;d, and which so astounded tlio good faltli Cu le conimerciiikwor^ tfwt not?c but the t reckless speculators would fenguge in k llsroputablc transaction to uiCeriy ruin a m idered State prostrate lu Uk> hands of her dcrs. ^ ' nm o opinion of Judge Jfiidson shows great V1!' urcfi, and Is prepared with care and ablll- UI. itipposlng the?* usurpers had tho legal constitutional right to lmpo6u tiiese opi slve burden^.UuWm tftat llj* at the very dation of the question guMnltied, I caiticquiesce In It. Reserving the right to ninrf* pxfended mrtiiinn. 1 concur with re Thomson. -~'A, P. ALbiUC'II* " m h Decern btrf VffS. ?tite LAW. ~Cop, ill to Protect ih^Jj'ands and Crops ' the Citizens of Abbeville and anrens, CountiCs Ifrom 'trespass by T? J ock. y y e it Enacted by tho ?ksnato and House lcpre?entiitiven ol'/die State of South Hl)^? >lina, now met ami sitting in Gonoral Hon embly. and by'the authority of the arte: e: * / 1? cl"R xtion 1. ^int in tho Counties of a6- ^ illeund Ljrtirena itshall not be lawful jujw the owner or manager of any horse, wit! le, ass^'genet, swine, sheep, goat or ann t cattle of any description to permit said^niitfals, or any of them, to run'1^ irge beyond tho limits of their own b6. 2. That in said Counties, whenr any of tho said stock shall be found n tho lands of any other person than To , owner, the owner of such stock shall T; *ni4?-#r?f aTTaaiaajffg'fmstittncd, to be- pini jvered by action oi\del>t in any Court :ouipetentjurisdiction, and tho stock sing the damage shall bo held liable the same in-?referenco to all other Di is, claims or incumbrances ag!tj?*t the ic. y \D -~~ kc. 3. Any ppraon Who-fUiall malicsly, unlawfully or negligently i>erinit t. .1 of said stock to go upon the Irtudsof 'M er parties shall bo deeined guilty of a demeanor, and, upon conviction theren a competent shall be fined l sum not exceeding tbirty-dollars or Sale irisoned for nof morotlian thirty days, J10" ho discretion of the Court. l' EC. 4. That the County Commission- ncr of hhhI Countie*, respectively, aro of f jcted to erect 4 Jgwfui fence on tho Pi'|j itsof said Counties to protect the lands """ iaid Counties rfrohi all incursions of :k or cattle frftm jtfy¢ Counties, or l< fo>* that purpose outer tho lands of Elll person in said.ifo^sties and ercct -? ?cs thorean^gllftQat" being guilty of bou trespass whatever : afviTttre?>W Vom-* hck sioners shall have power to construct L< ies across anj'public or private road the erect gates on all roads; and the Coun- 4 7ominissioners are hereby authorized j)i empowered to make such arrange its with the owners of property conious on either side of said County lines nay accomplish the object of protect- The tho'Countfcs from the incursions of n lo and stock. bc. 5. That any person who shall -rj^ [fully and unlawfully leave open any -*J the aforesaid gates or do any willful ory lage to the gates or fonee eroctcd for J'in purpose aforesaid shall be deemed vlz Ity a misdemeanor, and,on convici fn any Court of competent j^.risdic- m0{ i, shall be fined in a sum not exceed- RnU twenty (20) dollars or imprisoned not ro than twenty (20) days. 'J101 kc. fi. Any person other than the ler or their agents moving or destroyany portion of any fenco intended to the lose animals of any kind shall be l>el mod guilty of a Misdemeanor, and, J J n conviction thereof, shall be punish- 1>0,p >v a fine or imprisonment, or both, at ai discretion of thu Court. i bo. 7. That it shall bo amisdemoanor my person to willfully ride, drive, or w'hisToam to travel outride of the id on the cuItivaTM Wilds of pritftft The tics aud upon conviction thereof wGaTT J inod.not less than live nor moPfr-4ban i ntv dollars or bc imprisoned not leas i." rive or more than twenty days; Pro?d that in caso any person *chargod,,j r i this misdemeanor be brought bet'oro * ? eported to a Trial .1 nslice he may disrge himself from any further proceedi therein by paying such tine within above limits as the Trial Justico may ** M>80. kc; 8. That the County Commissionof said Counties, respectively, shall intliorlr.ed and instrufrtod to lory and i. octatax upon the proporty of eaid Con intv to defray the expenses of erect- J'>* and maintrtfningHaid fenees, said taxi> be collected at the wirac time and ir. 2. same manner as the State and County in 1 'tu <ira lnvitfvi nn/1 Tw( kt. P. This Act to take effort iramoolv and tliofences required to be com- ^ eil by the fourth (4th) day of March hi i :t. kno no. 10. That all Acta and parts of s inconsistent with this Act Lie, and " same aro hereby, repealed. ..\c'r ho bill was so amended as to include of t wbcrry and Union Counties. ton, m, .? crt> Harper> Bazar. j?"j. 1879. 1 lLIaUST RAKED. . "fc / (ok / and / Xotlcea of the Prcts. I ^ < tth i dresi according to Ifarpcr't Bcznr will be pro| ulm And ambition of the women of Amcr- S. -Iiorton Transcript. inoi i a nOthful chronicle of fashion, and a don spaper of domestic nnil social character, l.'ou nks without a rival.?RronMuix Engle. ' vey lis paper has acquired a wid&jiopularily bou lie llreslde enjoyment it a floras, and Iirs Mis >me nn establishedauthority with the la- 9. ?X. Y. JLvening rout. / lu I / in / abo le Volumes of the Bazir Wprln with the 10 Number for January/of each year. Uili en no time Ih mention^. it will lie under- kuc d that the subscriber irlshes to commence obo i the Number next fertile receipt of his T1 r. / sniil /. llcr LEPER'S PERIODICALS. 5s aitoi ARPKR'8 MAGAZINE, Ono Yenr....$4 00 T1 A RPER'fj' WEEKLY, " " 4 00 ARPER'ft BAZAR, " " .... 4 00 A ie THRHE publications, onoysnr 19 00 D< ny TWO, Qua y?I...T7.. 7 00 ? X subscriptions, one year 20 00 :rms for large clubs /UrnltKcd on applies- IWcl y' Rl >stagcFree to all subsoilbersln the United ,es or Canada. _ ie Annual Volumes of HARrEn's Bazar, the cat cloth blading, will be sent by express, U. 1 ol expciiNU(provided the freight does not soni jt-d one dollar pur viilumf>, (?c. 87 00 each. Complete Set, comprising Eleven Voljh, sent on receipt of cash at thq rate of ?per volume, freight at expense of purler. oth Cases for each volume, suitable for ling, will be sent by mall, postpaid, on IjC^ Ipt of 51 00 each. * "n(' iinltUtRceiiiihoiild bo made by Post-Ofllco ' 'I*, ley Order or Draft, to arold ebunce of ri i-wspapers are not to copy this advertise- .. it without the expret* order of Harper & A thers. Addnsw ' HARPER <fc BROTHERS, New York. ? Harper's Weekly. M? 1879. " ILIAIKTUATED.' BY lll< wltl Notlcc* of the Pre.if. ^cac ie Weekly remains easily at the head of TW' itrated papers by its Hue literary quality, mor jeuuty of its type and woodcuts.?tuning- Mlw Republican. Ti < pictorial attractions arc superb, and em:e every variety of subject and of artistic tment.?Zion't Herald, Button. n'or ie Weekly Is 4 potent agency for the dlsination of cor*act political principles, ln* a powerful opponent of shams, frauds, MU'v false pretenses.?Evening Expreat, Jtoehea- er* * men ie Volumes of the Weekly begin with the Number for January of each year. When At inie is mentioned. It will be understood the subscriber wlslies to commence with Number next alter the receipt of his ir. LEPER'S PERIODICALS, VRPER'8 MAOAZINE, Ono Year Si 00 " VRI'ER'S WBKKLT, " " 4 00 Ho" VIIPER'S BAZAR, ' " 4 00 p^rs e Three publications, one year 10 0? f. ly Two, one year 7 00 ^u, i subscriptlous, one year 20 00 sealt ? rosli rms for large clubs furnished on applies*- Le liain stage Free to all subscribers in the United oNi jb or Canada. . vc" e Annunl Volumes of Harper's Weekly, In cloth binding, will be went by expret>>, of espenje (provided the irelght does not t*d otio dollar per vofnme,).forS7 00 eucli. mplete Set, comprising l'weiily-tmo Vol i, ?ent on receipt of cu?ti at thy rate of per volume, freight <u exveiiu of purfr. 1 __ mar ( >th Caves for wtli irulume, sulTable for Le lng, will bo Kent by mull, pontpnld, on ro- llam L of 81 00 each. Th mlttanceu should bo made by Poat-Offlce W ey Order or Draft, to- ?r?ld chance of gulti wspapere are"not to copy this advertise-1 pors. t without the expresn order of Harper <* I hern. Address I Ab HARPER ? BROTHERS, New York. I ii .. . . _ ' v";-*'-";' -V' *' :f'j 55^HW e are indebted to Gen. S. McGowan for n Homely prinled copy of tbe tributes of .-/" ect pald to the memory of Judge David 8,jC( is wNrdlaw, of Abbeville, by tlic bar, the ;es and--the officers of the Supreme Court N ie Stale, ami of tho United States Court, pamphlet bettrs the imprint of Wilson & st and does crqjiit to their pres.*. The Jj* 101 lal prepared b>.the committeeappoiii- *" i] but; nupreme i.CMjrt <>I Hie nwue I* ---" itlful, Just and true panel nothing Mint j1,'? could add would #?l?h a feather ic high estimation In whlclvlhc memory gj idge Wiirdlaw is held, not ofvly by the ind courts, hut hy the peopleof ra<wholc mor e.?Keouce Courier. - Coui NNINOHAM A TeMPtCTOS have Christ- "J ^ Roods uf all kinds, Toys, and presents of trTl ,n,K the and m OF 20UTH CAROLINA, I County of Abbeville. ? v / .T. Mill ford, PlalnjJfT, ) In tho Court of ^ against ' V John W. Kills?", J Trial Justice. gY f Summon^..Jor-Rroney'pcmantf?Com- Jan plaint not scry*'d. l^CI r colli ro/m W. EllUon, jfcfenih\ni in (his action. {^y?j )U are hereby summoned and required c?w to answer fhe cortiplaiut la litis action, Lc thidwdpipy therewith served upon you, lock uTJafTc a copy, of yourtimfover on the T1 crlber'at his olllcc, at Abbeville Court ise, 8011th Carolina, wltlLjgi twenty days r the service of Mils sumAitons on you, ex- Al lve of the day of servlpe. i you fall to answer tWs complaint within time aforesaid, tJbe plaintiff will take ;inent against yon for tho sum of.%7.!U, 1 Interest at the rate of ripper cent, per um.on S'Ji.71 from the 13th <h?y of Decern- flic one thousand elgfit hundred apdsevenlyand costs. y ited the 23d day of Detetuber, IS7S. SAMUEL C. CASON, ? Plaintiff's Attorney. J3' Villi nex T. W. EULion, /ibsent Defendant:. low VKK >TOTIClC^Xb?Ht cbpy^of Hie com- FOI nt herein has Keen flltd tfils dajr 1? the n? 1 !C Qt K. C. Harkness, Trial Justlcc for said q y, nty. ... f. SAMUEL. C CASOX, , Maliitltf'ft Attorney. T)r ic 25,1878,'If T] """ Sheriff 's Sale. .^ifeljrnder it Co., vs J. H. Vance, J. Mc otfiy, as Vance Jl Moselcy. .. / " Execution. vSrlrtuoof on execntlon tome directed, I will sell at AbbevilleCourt Ilousc, on ) Day In Jannury next, withirt. the leshl rs of sale the following described Real KSV rtowli: . T>' Th? Interest of J^ ft Vance (J/,1 In the cor- ... store of the Phrcnix. Quilrilntt In the town vl" lodges, bounded by the '^Abbeville foad, "CJ illc, and the remainder of the ^Phcunix low dinp. r ' The Interest of J H Vanco (?<D In a lot jn r Hodues Depot, containing -J) Were* more <r>;rs, bounded by lands of G M IJod^es, J A |an sand others. . - ??-, The interest of J n Vance (>/<) In a'not of ' j( r?, more or less, known as the Itowlet lot nded by the Phoenix building lot, O M y iges and the Public Square. ucr svled on as the property of J II Vance at $ suit of T J Magrudcr A Co., against VangeJ a [osclcy. J. F. C. Di'l'ItHfc*v~ H. A. CT ec 18, 1S78 Sheriff's Sale. Triwtees of tho Estate of Dr. John Dc La owe. v*'fhoinnn J. Hill. 1 Execution. r virtue of an execution to me directed In tlfe above case, 1 will sell at public out- hot at Abbeville Conrt House on .Vole D:ty In ; ,vj( uary next, the following tracts of land,! ANDERSON TRACT 197 ACRES, e or less, bounded by lands of J H Bell, dor other lands of said estate. j, TRACT NO. 2, 200 ACRES, El l' e or less, bounded by lands of John A.l- ^ s, Mrs Young and other lands of the es- Per , v >vled on ns the property of Tlios .1 Hill nt A suit of Trustees of the estate of Dr. John ,r liowo. CRMS-CASH ! Torch riser to i^y for pai. J. P. C. Dl'I'RE, ?. A. C. Ijlievlllo, C. H., R. C., December 10, 1*78, _ . Wlfcheriff's Sale. . Batesvllle Manufacturing Company, J. AjJ I. Wngener <fc Co., Caroline B. S*lin?s xnd Richard M. Butler, as Executrix acr< aud Executor, and others. of ^ vs. and I. Vance, J M. Mo'veley, B. Z. Herndon, ^ 11. Godbold, as Vancc, Moseley <k Co. * T Executions. . . pcr ' virtue of sundry Executions to me <11- <; rected. in the above stated ca.sefl, 1 wllH^A at Abbeville Court, ifou"*, S. C_ on . ? <l?y In JANUARY next, wl?iln the lega*' Of? rs of sale, the following Real Estate^to J Interest of J. n. Vance (one third,) In ucr (Store ol the f'huenlx Building. In the The ;n of Hodges; bounded by the Abbeville I! d, Public Square, and the remainder of k' I'UuMtlx Building. M The Interest of J. H. Vance (two-thlrds,) a I*)t near Hodges Depot, containing jnty i-t)) Acres, more or less; bounded hy t>* js of O. M. Hodges, J: A. Ellis and i> ?rs. vlll The Interest of J. n. Vanco (one third,) i IaiI of Threo it) Acres more or less, low nvfrfts tlie Rowlett Lot; tv.iunded by the leulx Building, Lot of O. M. Hodges, aud 1'ubllc fc?<|U>4re. nrr. One Hundred ond Thirty-three ? 133 ? cf 1 es of Ijmd, inoro or Iocs, boundod bv lands KHr ius Estate of John Vance, Elijah Jtunip- l A.M. Graham and others, as the prop of P. M. Godbold. ,,ln Tho Interest of P. M. Godbold, (onethird) ^ -jho Corner Store of the Phoenix Bulling, *p<)r he Town of Hodzes. bounded im above. ~ Tlie Interest of P. M. Uodbold(one third) Lot of Three Acre*, more or less, known * lie Jtowlett I^ot, and bcaoded as above. ^ One House and Lot In the Town M ? esbury, wher*on the Defendant resides, 135 Acres of I^md, moro or less, adjacent reto, bounded by lands of Mrs. S. A. Iwell, Wilson Unller, and other*, an tlic [H-rty of B. 7.. Herudon. Kleven Hundred (1100) Acres of Lend. 7}" e or less, us thi! property of H. Z. Horn, lying on Coronacd Creek, in Abbeville daj niy, belli* the traet of land recently con- ofs cd by uld B. Z. licrndon to J. L. Fair, ndcxl by land* of Columbus (logins, the sea Mary, M. W. Jones aud others. >' ' The Interest of B. Z. Uerndon (one third) phi he Corner Store of the Phoenix Building, HI. the Town of Hodges, and bounded as ' ve. , The Interest of B. 2. Horndon (one ? ?ij In a I/)t of Three Aorm, mor? or less, T ivn as the Bowlett Lot, and bounded up C 10 above. levlad on as the property of the A i J. H. \ unco, F. M. Uodoolo jiud B. Z. ndoa.attbe suit of the BaMfrvllle Man- ? :turlng ConipuDy, J. M. Wnfrouar A.Co., ollne D. Salinas and Kichard M. Butler, Executrix arid Executor, and others, Inst Vanee, Mosoley & Co. 1 SUMS CASH. J. F. C. DrPKE, a. a. c. Tj" bbevBle C. M., S. C. | 1) ec. 10, 1HTC. | pa. Sheriff's Sale. ?t hoy & Miller, vs G. W. Johnson and S. L. U8??l. _ mo Warrant on Agricultural Lien. " virtue of u warrant tome dlredtad In the "*?* abo*??Uvt<Hl eftso, I will sell, on Saturday 21st of December, 1X78, nt the residence of ^ Ar. Johuson, the following articles of peril property, vi2 : 2,400 LBH. OF SEED COTTON A 112 BUSHELS OF CORN, 600 BUNDLES OF FODDER, 1 CRIB OF SHUCKS. led on as ?he property of O. W. Johnnon f., S. L. Kus*el, ut the tuit of Klchoy & AilliRIIS.?Cash. J. F. C. DuPRE, S. A. C. f*. jbavlllc C. II., S. C. \ 5th December, 137.S. / or H Sheriff's Sale. 2fl kni ~nret C. Lyon against James If. Wide*" L Exeoullon. oon virtue of an Execution tomodlrectod In T the above atAtod ca*3,1 will sell at Abb*- P?T g (!. H., on Sale Day In January next, lln the legal hour* of Bale, the following A irlbed l'.eei Entate, to wit: 0 HUNDRED AND SEVENTY ACRES, e or lean, bounded by lands of T. C. Perrln liAzzle Oath ran and other.". j. IU nVtHbOiAAi' Aivavi vuuuntuuig pi SIX HUNDRED ACRES, yy e or less, bouuded by lands of W. E. CothEdwlu Cox, and others. I,ovied upon ait , property of James II. Wldeman at the W of Margaret C. Lyon. M. iRMH?Cash, balanceon Iwelvemonths It, with bond and mortgago to secure pay- v"'1 it. Purchaser to pay for papers. UCB< J. b. C. DuPRE, 0X1 Sheriff A. C'. 0r |f >bcTllle,C. n.. B. C., 1 L i Docemb?r?, I8T8, j Sheriff's Sale. Ferguson and others y* Benl W Williams d Roger L. Williams. Execution. virtue of sundry Executions to medl- mor reeled, I will sell at Abbeville Court Ito? se, on Sale Day In January next, within Adi lewnl hours of Mule, the following described Law onal and He?J Property, viz : TI (IX HUNDRED ACRES OK LAND, ldud by Innds at J H Ilrownlee, J G Clink- . i ,'s and othere, (on which ttoe Defendant le?.) vied on as tbo property of BenJ W Willi, Also, 2 THOUSAND AND TWENTY ACRES nd. boo u dad hy lands o/W L Prince. W ? lnhaoalo*, A J Clink wales and others. ec AI>50, TIIREB MULEH, D? EIGHT HEAD OF CATTLE, "l' TWO FOUR HORSE WAGONS, ncn 1400 LJ1& SEED COTTON, lowl 3 or Um. t1c4 oil Bfl toe property of Roger L. WU- of 1j s. of P e abore levied on as the property of HenJ Le rllllam? and Roger L Williams, at the ncd: of A J Forguson and others. Mar 1RMS CASH. Purchaser to pay for pa Tfc J. F. 0. BtlFRK, S. A. C. bcyllle Q. H.,8, 0., At 1(578 D Sheriff's Sale. v Veker, "Wntrous & Boyn ton, and others, vs C. L. Hmlth. N s Execution. jj virtue of sundry Executions to me directed, I will Hell ut Abbeville Court se, on sulcday in January next, within jnt] legal hours of pale, the following lteal ,te, viz: All that Tract of Land containing X HUNDRED AND FORTY ACHES, gl e or less, IxU>Pt on Saluda River, in ihQ. jgyj tity of Abbeville, and bounded by lands |<v?; r'illlaui Riley, 11 Golden, Wudc 11 Rob- (in i>n and others. ' ' -j, adv vied 011 as the propbty of C I, Smith, at tlen suit of Sneueker, Watrou* & Roynton, others. "** .. r. AL iRMd CASH. J. F. C. DuPRE, Slierltr Abbeville County, jbevllle C II, S C, f EI, ice in be r 'J, l?f?. | Stiff's Sale. fohi\fi. Dial et al vs W. U, Wbltloek. !wt Execution. v virtue of un execution to mo directed I will cell at Abbeville C.H., on saleday In ^ nary next, within the lejptl hours of sale, n roilowiiiK Ileal Estate to wit: LJ ONE HOUSE AND LOT, cos talnlng four acres more or less, situate In J50' town of Oreonwood, S. C, and bounded ands of the Estate of James Kuilcy, de- eh" ?d, and Railroad Street. P'JJ :vled on as the properly of \V. II Whit- 1 ; at the suit of John C Dial etal. 5RJIS?Uwh; purchaser to pay for papers. J. F.-C. DuPRK, r **' B. A. C. tj bbevlllo C II. 8 C Jl December 1), 1878. ' r. ' Sheriff's Sale. Trustee#! of the Estate of Dr John De Iji o\?o vs R.A.McCaslnn. Execution. r vlrtitoof an Execution to me directed In <> the above stated ease, I will sell at Abbee Court. House, on Sale Day In Jnnuarv _ t, within the legal hoar* of sale, the fol- I Int? described Heal Estate, viz . *st JR II UN D it EI) AND TWENTY ACRES for and, more or ler*, bounded by land* of M t"l TcCflslan, Dr A T Wldeman nnd others. ON uvled on as the property of 11A MeCaslan, he suit of The Trustees of the Estate of _ lohn De La Howo. Tn KRMS CASH. Purclmtor to pay for pai. J. F. C. DcI'llE, bbevlllc C. H., P. C? ' TV Decembers, 1378 Tn Sheriff's Sale. [ sol chi J. T. Easkln yb .las. Y. SI I ton. j Execntfon, nu < Kai " virtue of an Execution to me directed In sal the aiM>ve stated c<sse. I will fell at Abbe- to e C. II., H. C., on (Sale Day In January it, within the Icsnl hours of sale, the fol* lug described Heal Estate, to wk : I ONE HOUSE AND LOT ^ the town of Due West, S. C.. contalnlnc N X AURES, more or less, and bounded by ^ d# of R C tibarp, W C Hrock and Main cel. cTiru uyou ?n 1110 properly 01 Jus x ail, ?t ttichult of .1 T Hntflcln. I-.R.MS?CASH. Purchaser to p?y for pn- Do s. : J. F. C. DfPRK, I 9. A. U. t bbevllIeC. H.,S.C.. } Ucccmfter 9, lt>7S, c $ Sheriff's Sale, J Cochrnn a Bonner vs. J. E. Ellis. Iv Exccntlonr Gt Z virtue of an Exccntlon to me directed, I will sell lit Abbeville Court House, on mi edoy in Jnnnar.f next, within tbf.Cegal ^y irs of sale, the following Real KsSrte, to : be TWO nCN'DRED ACRES OF LAND, ar iwn os the Homestead of John E. Ellis, P'j mded by lands of W. T. Ellis, Caivlfi Had- 1 i, and others. n evled upon as the properly of John E. Is. at the suit of Cochran.? ttonner. ERMS?CASH. I'uiThnser tor pnr for pa- c s. J. f. c. Dui'RE, ' - S. A. C. ' , bbevUleC. H..S. C., . 1 December I), 187S. . Sheriff's Sale. Edmund Cowan, vh William g Neel."* Execudons. ' r vlrtueof sundry executions to mo directed In the nbove stated ease; 1 will sell fill*/ I>evlle Court House on Sale day In JANU-' J Y next, within the legal hours of salo, dip owing described Real estate, viz; J01 THREE HUNDRED AND SIXTY ;? ' w of Innd more or less, hMijidrd by1?nds \\ M McCasIhii. J J ShanVMlary Walton, i niiier* -%a??ar .? evlrd on a* the propwfJPT?f?W41ltom:G To :I, at the suit nJ Edmugd Cowan. KRilW?CASH. Purchaser tb pay for pa- 1 s. ' .? an J. F. C. DnPRK, til' . S. A. C. <*> MtevMc,C. H. S. C.. at December 9. 18781' / / tin .In Sheriff Sale. ' yti tlx ! Trustees of the Estate of Op. John De Lit tlx owe, in rc John K. Held und Jm.e I. Ba- hui (?r. r# Win. II. Tuggarl, Jas. Taggnrt, Jan. <*fct cCasian. da Execntion. flrj virtue of an execution to me directed In the above stated ease. Twill rell nt Abbee Court House on Hale Day In JANITARY r :t. within the IcjoI honrs of ?ito, the follng described Real estate, viz ; FOUR HUNDRED (100) To es of lond, mores or less, bounded l>y lands 'i W J Smith, the Cubball ,Place, W fl Tagt, and Jame* Tnwcart, Jrt, i 0 evled on as the property of James Tagjinrt ?j, e:i?ed at the milt of the aboro named IntlfiV. HUMS?CASH. l'urchaser to pay fhr pa- j J. F. C. DuPRK, 7T ... * H. A. Co. Seville C. IT. S. C. ^ Decern ber 9.187S. Sheriff's Sale. Thoina# J. Hill vs Vm. A. Gaines. In Execution. f virtue of an execution to mo directed, I will sell at Abbevlil? C. H., fl. C.. on saler in J#nnary next within the l<f$al hours *r wle, the following Real Estate, to wit; **' 218 ACRES ; and. more or less, known as Ihc Russe 1 Pi ec,'rounded by land*, of Estate of T. J pi t. tUvcflped. J. R. Scawrtftht and othe,rs II' fled on n* the pro;>ei ty of Wm. A. Gala of { the suit of Tlios, J. Hill. ulil nt tlie risk of former purchaser. EU.MS?Cash ; purchaser to pay for pnper ? J. F. C. Dn!? R. n s. a sc. o hhevllle C. H? R. C. \ S)th December, 1878. J Sheriff's Sale. In A*. A. Lee vs. J. Y. Jones, (Ixito Sheriff.) Execution, ^ If vWuonfnn Execution to mo directed, I * will sell at Abbeville O. H.. H. on Sale nc y In Jan nary next, within the leg^l hours mle, the following Real Estate, to wit: wo tractsof land containing FORTY-FIVE ACRES, reor less, and hounded by lands of T. 0. to J, Wm. H. Parker, Wm. r. Ratladgo and ere. ] evlcd on as the property of J. Y. Jones, at ? suliof W. A. f.ee. m ERMS CASH. FurchnscMo pa^ for^apers HAG bbevllloC. H., 8. C., December#, 1878. Sheriff's Sale. 1 A harles W. Cowan vs. Wid. J. Robertson. he Execution. wl " virtue of an Execution to mo directed, 1 will hell nt Abbeville C. H., H. C., on Sale r la January next, within tho le?al hours ale, the following Real Estate. to wit: > SEVENTY-TWO ACRES nnd, more or loss, on Pcmicy'n Creek, CI >wn in the Fleming land, hounded by tj ds of Dr. John Hell, W. It. Morrow, R. M. neoand others. evled on as the property of Wm. J. Robert, at the suit of ChnrlcH W. Cowan. ' ERMS? CASH. Purchaser to ray for pa- j?. k. J. F. C.. DuPRE, S. A. C.. bbevllle C.H..R.C., , December 9, 1078. j Sh?riff'B Sale. |>r cei rls W. Perrln, Admlnl?trator, against all larloa W. 6uffla, L. P, Curtlu, Roger. I,., for 'IlllainH. I tin Execution. i * virtue of an F.secutlon to me directed in ' Rn the above slated case, I will sell at Abbe- ?n< e C. H? on Sale Day In Junnary next, hln tllC legal hours of sale, tho following J . rlbed Realund Personal Property, vli: K THOUSAND AND TWENTY ACRES mil. more or less, bounded by lands of W. rlnce, W. V. CILukscalesand A. J. Clinker T A U?0, * THREE MULES, TU EIGHT HEAD OF CATTLE, ^ two i.'oitr housk waoons.. if,1; 1400 LH3. SEKD COTTON, tat o or low, levied on a* tho property of on ?r L. William* at thesutt of L.W. I'ejjln nlnlstrntor, against Charlas W. pu?n, "? runce P. Cruffln; and Ro*?r K William*. a OHMS?CA?1I>. Purchaser pft" Th ' 8. A.'C. al. Seville C. H..S. C., )December 9,1!><8. Sheriff's Sale. . Marshall and J. W. "W. Marshall, Ex- ,a utora, vs Wm. O. Kennedy. I ;Kxecwt!on.' fts virtue of an execution to mo directed lu tor he above stated I will tell at Abbe- ens > Court Hon**, on Kale day lu JAJTUARY ne.* t, within the l*cal hours of sale, the fol-;QU< ing Real state, vlx: I uo TWENTY (30) ACRES .nil, mora or Ie<w, and bounded by lands j . H.'Itrudlcjr,?Watson and others.; p0| vied on as tlio property of Win. G. Kpn- #1,1 f. at the suitor S. S. Marshall and J. W. shall Executors.. <RMH?CASH. * J. F. C. Dtil'RE. 8. A. Co. ibevllle, C. H. H. C. I F< fcotmbcr, 9. Kre, J 1 \ " Clerk's Sale. W. H. Parker, Assignee, Plaintiff; against J. Tolbert, T. N. Tolbert, A. H. Morion, Defendants. Igraent of Foreclosure and Order of Co?rt to sell lands, <fcc, * virtue of an Order of Court tome directed. I will sell on salerfajr In .Innnary,'. ), at Abbeville Court House, within the il hours of xule, the following Re.it KstaU* * two or more sepuinfe tracts, ff deemed 'Is:jb!<*, npon consul tattoo with the pari.) to wit:? L THAT TRACT OR PARCEL OF LANf> mte, frfnpRrrd befne In Abbeville County,ith Carol inn, rontnlntag EVEN J^OttTY (1140) ACfoES, ' re or loss, and hounded l\y lands of F.stato lohn <JrlfTl 11 lU'W, Dunlt?l/i6M?nas, W.O. liter, the LitntwV IjwkIk. , aSa-w?? - e near White Hall, on .dprf Read "creek, lei'M of Hard Lbbov Oe&A _ ' TERMS OF ftXbfcJ' ?*h, for as much a* may fx? necessary irt onc-lialf of tbedcbland fnteresl, secured mtrftsage cf the lands described, anit ts, ami any taxes due thereon, and the bums on a credit of twelve month*, wlthr ere*t from day of sale, taking from par' iscr bond and mortgage to secure credit lion, areha#er to pay for paper*. M, O. ZEIOLER, c. a p. a. a lerk's Offlro,* >cc. U, 1878. f :atc of South Carolina, County of Abbeville. in the probate court. E. Walters, Administrator, Plaintiffgainst Fannie Hamblen, Frank Hill amt thers, Defendant*. Sale of Land to Pay Debt*. WILL sell on tfaleday In January next, thor following tracts of land, belonging to tbo ate of T. J. HI il, deceased, at the risk of the" mcr purcbascnj, to wit: Tract No. 1, counlng E HUNDRED AN.D NINETY-BEVEN ACRES, ict No. 2, containing TWO HUNDRED ACRES, vet No.-1, containing i'O HUNDRED AND TWENTY ACRE8r vet No. 7. containing THIRTY-EIGHT ACRES, <1 at the risk of A. B. Hamblen, former pur*ssor. i * . IERM8: One-half cash, balance on twelve* ?uths credit wfch*lnter<?t. secured by morfczo. Terms to bp complied with on day of c. rurohflscrajft-say for titles, Ac., flat* be seen at my olfl<!*\ J. "FULLER LTON, J. Pro. A. C. )ec. 11, 1373. tate of Smith flarnlinn. County of Abbeville. IN TIIE PRODATE COURT. mirlalb A Miller, Edwin Tarker, White Jrothera, and others creditor*. n Ro?James T. Gtiffln, Plaintiffs, against 'luirlcs W. Guflln. as Adinlniitrator, and itherv, Defendant. ,'omplalnt for Sale of Land to Pay Debts. Y virtue of an order made Mio Court of Trohatp, on the 2d day of December, IS78, rill nell, for payment of debts, on Snlesdny January next, tlic real ex tat e of C. Blngley iflln, deceased, consisting of EIGHT HUNDRED ACRES, ire or loss, and bounded by lands of Cliaa . White, J.MoMley Edwards, Estate of T Perrln and others. Tlili tract of land will fold In fonr (4) parcels, the lines of boundles of which can be cevn by refeceaca to ?ts In this Court. IERMS OF SALE: On^ half of the pnrase monev to be paid In Ash,.the balance ft o expiration of twelve mouths, with In est, sccured by bond and mortgage. Pnr.v ivor to pay tor titles and recording. J. FULLER LYON, - Judge of Probn?A.C. Dec. 11,499. State- of M. Caroit '? County of Abbeftllev?' . ? -?& hn'A. Devlin, Plaintiff, ") Court of Com-' . against V shaaY. Jones, Defendant.) moa Picas. Copy Summons for Money Demand. Jxuhua T. Joiitt, Dtfmdanl in tl.U AeUcn ',in npn VinrnKr* swer the complaint la Mil* notion, wlileh In d In the oflleo or the Clerk ?t the Court of* niinon Plow for said County, and to servo ?py of your answer on the subscribers i". :lr <>Mre, Abbeville c. II,, within twenty" s after tho service of tbls *ummona osi u, exclusive of the day of service. f you fall toanswer this complaint wltblu-, 3 time aforesaid, the plaintiff will apply to ? Court for jndjrment nyalnsl you tor tho* m of i wo hundred dollar*, (JBW.) with Inter; at the rate of seven per cent, from the tlrst y <?f November, otio thousand eight huu-' and sevnnty-?telit, and cotta. Jatcd November 10, A. D. 1878. McUOWAN A PARKER, Plaintiff's Attorney, L. S.J M. G. ZEIGLER, C. C. P. J. T. Jone*, Absent Df/endntti,rAKE NOTICE?That complaTWJn thin. <p was filed la the olTloo of theof nunon Plons.a* Abbevilla Coart Ko9af^^00 : teen th day of November, A. *, )W. ~ McGOWAN a packer. Plaintiff's Attor*ey. S'ot. 21, 1878 ?t tate of South Carolina, County of Abberill#. ix 1*hoiiatb Court. the matter of the Estateof W. G. Gordon,. ^ deceased. Petition for Homestead. TOTK'E Is hereby >ftven that Mrs. M. E. I Gordon bus ?ppi iod to this Court to bATOr>mestend laid on to her ont of 1he real ? te of her lu?o husband. W. G. Gordon, [t Is ordered that Monday, the :?th day of ?ccml>CT. 157?, h? flxed aa the day tor th? ep? Intment of Commissioners to luy off aald' omeatead. 1,. s.l J. FULLER LYON, J. rro. A. 0. N'orai.io tato of Souih Carolina,. County of Abbeville. IN THK PROBATE COURT. i the matter of the estato of David Oner4 lcceused. Fotltion for Settlement and discharge. JOTJCK It hereby gliMl that O. M. Mattl * tun, Administrator, nm te?tjimentoan so, hasappllwl to this Conrtfor thetppolntentof a day flm- settling the sald'estate and. xchargim; the Administrator. It it ordered that Monday the 30th of De? niber next, by fixed for the settling th#*:t Id estate, and discharging the admlnislrarr. J. FULLER LYON, judge of Probate, A. 0.'. SToy. 27, 1878. FATElF SOUTH CAROnK County of Abbeville. Ill PRO HATE COURT. :n ro Estate of Thomas J. Hill, deceased. LL persons holding claims against theL Estata of Thomas J. Hill, deceased, arereby requested; to preeent them to me,, thin thirty days from the date hereof. J. FULLER LYON, D?AKafa AKIiavIIIO PAIlTltT Abbeville C. H.. 8. C.t ) fl S'ovdnber lfr, 1W8. / toves 1 Stoves!Stoves!I ! ! I 'ook Stove* from S2.00 to81.5.00 all warranted jrivef.i?tlro xatlifVvctlou, or money refunded.. emake the above B Prices for December Only. 9 A'e a!ko offer r large lot of Lamps at vorjr I v prices,from fifteen cents upward*. A No. . B stand Ump for twcnty-nre eents. Our* M Ice for No. 1 Kerosene oil Is twenty-five utsper gallon or five gallons for one dollar,. H the above are cash prices. We will any B ' the be tie lit of citizens In other counties B dt our 310 dollar stoves aro No. 8 stoves, B jb as we sold a few years a#o for $3ti. Wo B \ e an ov?r stock for this part of the State - B d to reduco our stock wo are willing to- B :rltloc some of them. B II. ,W. LAWSON a. CO. . H ?CV 13, 1S!78 B McCords' Coli? Mixture.. I For Horsea, Males and Cattle.. I ho undersigned have been appointed roth- B its for the sale of "MoCOSlXSCOjL^MIX 'HE,"an Infalliblecurdfor colyu??horsc* H lies or out tie. This preparation was pat ited June tt), lstJ9,?nd in the' short time M Ich has elapsed since has uttufned a repu? B ion unequaled by any patented medicme<; H the globe. VTe have in our possession tej lonllaa from numerous persons wbo bav? H have bad two occasloM to rtse MoCords H lie Mlxtare In cases that seemed desperate. KB Kueoess Incuring wag.apparojitly. jpay-iV B it is administered wftbouf ti-ouble.or do-" M ia trmlv Ln action, and I think. Is so vril-.' BH b'le that overr porsoti whonuuiuges horse*' H mtilcb siiould ieed it at Jiand. V. L. WARDLAW. Hj saw Mr. McCord n?e his medicine on. a H .re that had bepn travefllnft, and .was Relxwith crump colic; The animal was dron iK down f.t-quently and In great pain. In H| liori time after the medicine was kIven?In HE i minute*, at the farthest,?the animal wu B iler. and In an hbur I saw the animal har- EH ;sed and driven off, and learried snbseI'ntly Klie performed the Journey 'and. had. morecollc. - - HH THOMAS THOMSON. have had one occasion to use McCo lie Mixture. It wan very etJectlve an IB r.k Is an xc?ll?nt medicine. ' jfi fa. McGOWAN M 'or Sale at Abbeville by ' HO W. T. rF.NXKY. I>R. K. PARKER. . >r sale by T. Taker, LowndeiVlllo, S. C HI !. H. K'lwordi, Due West. ^ HH H flH