Edgefield advertiser. (Edgefield, S.C.) 1836-current, September 19, 1866, Image 1
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BT DIRISOE, REESE & CO.
EDGrEFIELD, S. C., SEPTEMBER 19, 1866.
VOLUME XXHI-NO* 38.
GEO. R. CRUMP, I W. B. DAVISON, | WM. A. WRIGHT.
CRUMP, DAVISON & CO,,
Coiiimission Merchants,
OOTTOX FACTORS,
AND WHOLESALE DEALERS IN
GROCERIES, LIQUORS, TOBACCO,
SE GARS,
Bacon, Lard, Flour, Grain,
BAGGING, ROPE AND GUANO,
209 Broad Street,
AUGUSTA, GEORGIA.
WITH a view of extending our business, we
have this day taken in Partnership Mr.
WM. B. DAVISON, who for many years was a
prominent Merchant of this City, and who is
well known throughout the South. Wo presont
to tho trade facilities second to no house in tho
South, and shall keep constantly on hand such
leading articles as are set forth in our Card,
guaranteeing to givo entiro satisfaction.
GEO. R. CRUMP i CO.
We arc also prepared to do a COTTON BUSI
NESS, and solicit Consignments from Planters,
pledging ourselve. to obtain the highest Cash
market price?, our MR. DAVISON having had
.fifteen years expcrienco in the business.
In addition to oar supply of Groceries, etc., we
are IMPORTING THE PURE NO. 1 PERU
VIAN GUANO, which we will guarantee genu
ine, and will also keep tho BEST PHOSPHATES
and only thos : we can recommend to Farmers as
a genuine article.
Your business is most earnestly solicited.
CRUMP, DAVISON & CO.,
200 Broad St.,
AUGUSTA, GEORGIA.
Aus U 3m 33
JOHN & THOS. A. BONES,
AUGUSTA, GA.,
HAVE on bau I a Direct Importation of
Rodger's TABLE and POCKET CUTLERY;
PAD LOCKS with Mastor Keys;
ANVILS, BELLOWS, VICES;
TRACES, Globo Work FILES :
SHOVELS, SPADES, AXES;
AGRICULTURAL TOOLS, te., ic.
We will continue to receive a fine assortment of J
HARDWARE,-which wc offer low.
Augusta, Aug 7 4t 32
~jT~S. COLES,
FACTOR AND FORWARDING
MERCHAISTT,
144 Reynold Street,
(Near South Carolina Depot,)
A CG CS TA, GA.
Will Sell Cotton anti Produce Gen
erally,
OR RECEIVE THE SAME ON STORAGE.
Will Furnish or Purchase Planters'
Supplies.
Augusta, Aug 15 6m 33
FLEMING & WRIGHT,
COMMISSION MERCHANTS.
No. I, Warren lilock,
AUGUSTA, GEORGIA,
BUY AND SELL ON COMMISSION
BACON, LARD, FLOUR, GRAIN,
AND SUPPLIES OF ALL KINDS.
^?-Consignments of COTTON particularly
solicited, for which we havo CLOSE, FIRE
PROOF STORAGE.
Augusta, Aug 13, 4m 33
JONES, SMYTH & CO.,
192 Broad Street,
AUGUSTA, GA.,
"Wholesale and Retail
DEALERS IN
STOVES, RANGES, TIN AVARE,
&cM dec,
OFFER TO THE PUBLIC THU CELEBRATED
Harvest Queen Cook Stove,
Of various sizes, oither with or without Copper
Boiler attached.
This Stove has been favorably known io tho
South for l?verai years, and from the large
number ?old since tho War we can safely recom
mend it as being just what is required for this
Section of country, and when furnished with
hopper Boiler forms as complete a Cook Stove as
*ver offered to thc public.
We also keep a large supply of general House
Furnishing Goods, such as Silver Plated, Bri
tania and Planished Ware, Wooden and Willow 1
Wore, Cutlery, ic, ic.
13?" Wc would call the aticntion of Country
Merchants to our Stock of Manufactured Tin
Ware, which we offer to the trade at very low
"prices.
JONES, SMYTH & co,,
Formerly
. S. S. JONES i CO.
Augusta, Aug 27 Sm35
PURE PERUVIAN GUANO !
1WE ARE NOW RECEIVING A PURE
ARTICLE OF No. 1 PERUVIAN GUANO.
Planters will send in their ORDERS FOR
THE WHEAT CROP.
CRUMP, DAVISON & CO.,
. 209 Broad St., Augusta, Ga.
Aug Tl 1 ra H5
Administrator's Notice.
ALL persons having daims against the Estate
of HENRY C. HERLONG, deoeasod, oither
a? principal or surety, are requested to furnish me
with copies of their demands by the iOth day of
tf?raober next.
H. T. WRIGHT, Adm'or.,
With the will annexed.
Asg'sL 5 4t 36
Notice.
ALL turtons indebted to tho Estate of FELIX
E. b'tylV', dee'd, are required to make
payment fo".Kv,t^> "r l^cy D'J ?ueu" at the
next Court; tn,<! Ibo** having demands against
S lid Estate ar* r'?q??^ 10 present them properly
attested by th* 27lb ./-0?*rr ?WT, or t*ey will
bo debarred of all inUrt'l >" th? ?tilt?.
ARIEL AfJ*. I Adn/ors.
L. It. BOOIE, /
M.?y2SlS66. 8m* ?2^
Call and Settle.
rlOSK indebted to the Sub?criber nn Account
ero.requested to cali on Mr. JAB. M. HARRI
*?<>*, my authorized Agent, and settle thc same by
Cash or Note, inmediately. My old business
mint bo closed up.
THOS. G. BACON.
Aug. 29 lm 35
Notice.
NOTICE is hereby given that application will
be made to thc Legislature nt its next sitting
to have the Estate of NOELETHEREDGE, dee'd.,
liable to eaoheat, vested ?a Lia sothe? NELLY
PARTAIK, ?sd his brother, JACM? ETHXRXSCS.
I Am Dying.
Raise my pillow, husband, dearest
Faint and fainter comes my breath ;
And these shadows stealing slowly,
Must, I know, be those of death.
Sit down close beside mo, daring,
Lot me clasp your warm, strong hand ;
Yours, that ever hos sustained me
To tho borders of the land.
For your God and mine-our lather,
Thence shall ever lead mo on,
Whore upon a throne eternal,
Sits his loved and only Son.
I've had visions, and been dreoning
O'er tho past of joy and pain ;
Year by year Fvo wandered backward,
Till I was a child again.
Dreamed of girlhood, and the moment
When I stood your wife and bride
How my heart thrilled with love's triumph,
In that hour of woman's pride.
Dreamed of thee-and all tho earth-cords
Firmly twined about my heart
Oh ! the bitter, burning anguish
Whon I first knew wo must part.
It hos passed-and God has promised
All thy footstops to attend ;
He, that's more than friend or brother,
Ho'll bo with thee to the end.
There's no shadow o'er the portals
Leading to my heavenly home
Christ hath promised life immortal,
And 'tis He that bids me come.
When life's trials wait around thee,
And its chilling billows swell,
Thou'll thank Heaven that I am spared them,
Thou'll then feel that " all is well."
Bring our boys unto my bedside :
My last blessing let them keep
Bu: they're sleeping-do not wake them
They'll learn soon enough to weep.
Tell them often of their mother,
Kiss them for mo when they wake,
Lead them gently in lifo's pathway,
Love them doubly for my sake.
Clasp my hand still closer, darling,
This, tho last night of my lifo,
For to-morrow, I shall never
Answer when you call mc " wife."
Faro theo well, my noblo husband,
Faint not 'neath this chastening rod :
Turow your strong arm round our children,
Keep them close to thee-and God.
The Sionx Sun Dance--Barbarous Self
Torture.
Muj.-Gen. Curtis writes to his wife from
Fort Sully, the following account of one of
thc horrible demonstrations of thc Sioux In
dians, which he witnessed recently near the
fort:
FORT Sf).LV, June 2d.
Tho whole of thc three thousand Sioux
camped about us gave me early information
of their design to have thc annual sun dance
at this time and place, the season of the year
-the trees in full leaf-having now arrived;
and they wished me to inform Col. Kccor,
the commander of the soldiers, that however
boisterous their demonstrations might bc,
they would all be peaceable and ot' a pious
character.
On yesterday, Juno 1st, the dancing was
delayed at intervals to allow tortures to be
inflicted. Two or three men stood over the
devotee with needle and knife, very quietly
performing penance according to the customs
of all these sacerdotal rites as follows : First,
they cut thc arm in " several places by strik
ing an awl in thc skin, raising it, and cutting
out about half an iuch. This is done on both
arms, and sometimes on the breast and back.
The wooden setons (sticks about thc thickness
of a common lead pencil) are inserted through
a hole in the skin and flesh. Then cords or
ropes are attached to these sticks by one end,
and to the pole at the other end, tte victim
pulling on the ropes till thc seton sticks tear
out the flesh and skin. I saw one with two
setons thus attached to his breast, p mg till
it seemed to draw tho skin out tbreu inches,
and finally required nearly his. whole might
to tear out the seton.
One painted black had four ropes attached
at once. The pulling out is done in fae dance,
the pulling carried on in the time of the mu
sic by jerk, jerk, and the eye, head and front
all facing the sun in the form of sup plication.
One had four setons attached to four dry buf
falo head bores. These were all strung and
suspended to his flesh by ropes thr.t raised
each head some three feet off tho ground.
He danced hard to tear them out, but they
would not break thc skin. One of them came
oft'the stick accidentally, but it was again fas
tened. Finally these heavy weights (each at
least twenty-five pounds weight; nol. tearing
out by their own weight and motion, the de
votee gave a comrade a horse to tak B hold of
the rope and tear out the setons. While these
men were being thus tortured, their female
relations came in and baa pieces cut out of
their arms to *how their appreciation and
valor, and devotion to their kinsmen. Still,
as soon as thc victim could be prepared, the
music was renewed, and the dism?.l dance
went on, victims' bodies now mingling with
blood, paint and scions.
There being several steamboats and many
soldiers here, a crowd of spectator.! rather
embarrassed the performers, so they conclu
ded the performance at twelve o'clock, hav
ing only danced twenty-four hours instead of
forty-eight, as they usually do- AU thc de
votees gave away all their ponies aid other
valuables to their friends, had their wounds
carefully dressed by an attendant medical
man, and sat down to an abundant feast of
dog soup and buffalo meat.
So ended this most barbarous ant. painful
exhibition of savage idolatry. The picture is
still deeply impressed on my sensc.i, but I
cannot give half the horror of the s2ene, ei
ther by pen or pencil.
-* *
From the Southorn Watchman.
Jefferson Davis.
MR. EniToa : Please allow me abrief space
in that convenient cornor of your valued
journal which is kindly appropriated r.o " cor
respondents," for whoso " views," the Editor
is, very properly, ,: not to be considered re
sponsible."
My object is to crave an inter?s-, in tho
prayers of all Christians for that good man,
Jefferson Davis, now suffering under a pro
tracted and painful imprisonment. 1 have
often wondered that no proposition W?S made
for united, earnest supplication in his behalf
by the Church of which he is a member;
though I cannot doubt that prayer is wont to
be offered for him daily by many warm and
pious hearts. But what I desiro especially to
urge is, a more general fervent, and constant
appeal to Heaveu tor his relief by Christians
of thc South. This might surely bo made, if
not publicly where all might not desire to
unite in the prayer, at least by al] pious
hearts, and from every family altar, where
true sympathy and respect is felt for him. I
make no suggestion as to thc form of such
petitions. That must be dictated by the F ?
llte* and judgment of those who offer them.
The great end is, that fervently desired by
the entire South, and, as 1 believe, by a large
and respectable portion of the North, his re
lease from imprisonment and restoration to
his family and friends. Let us pray for this,
in a right spirit and with due submission to
thowUl of God.
Warn
Anecdote of General fllaxcy Gregg
South Carolina.
The following incident in the late strug
is told by a gallant Virginian, late Brigadi
General C. S. A., which, while testifying
the noble generosity of the man, shows 1
true characteristics of that heroic soldier :
Daring the retreat of the Confederate an
from Maryland, o? ;he day after the battle
Sharpsburg. General Maxcy Gregg commai
cd the rear-guard of the Army of Northe
Virginia, General T. T. Munford commandi
the brigade of cavalry covering the rear-guai
When General Munford reached the Foi
General Gregg and his men were just entc
ing the water to cross to the Virginia side
the Potomac. Near by was an ambulan
filled with gallant Confederates (many
them terribly wounded and torn in the ba
tie of the previous day,) entreating the
comrades to " carry them back to Old Vi
ginia." General Munford seeing that tl
frightened driver had abandoned them, takir
his harness and team with him, and that the
were unable to ride behind his men,- calle
General Gregg's attention to the fact, when
upon the generous old Roman, uncoverin
his head, said to his men, " Boys, see yond(
your comrades who have been abandoned b
a cowardly driver! They appeal to us fe
help ! You who have escaped unhurt wi
not leave these poor fellows to their fate i
sight of old Virginia." In an instant the
were transferring their arms and knapsack!
One generous lad, supposed to belong to th
14th South Carolina Volunteers, catchin
hold of thc singletrees of tho ambulance
exclaimed " we will carry them back to ol
Virginia." In less time than it takes to tel
it, thirty of South Carolina's bravest son
were up to their waists in the water, bearini
their comrades safely over the river, ambu
lance and all-the sad and gloomy counte
nances of the unfortunates seeming almos
to forget their wounds as they caught up th
strain, " Oh carry me back to old Virginia, ti
old Virginia shore." Those who were to
weak to sing, waving their hats and handkei
chiefs, and all were safely placed oat o
harm's way. As soon as this had been ac
complished General Gregg replaced his ha
and rode away to see that they were caret
for. "
Many who were witnesses of this sceni
will, no doubt, recall the remarks cf tha
gallant band of Virginians, "What a nobli
old fellow I he'll do to tie to."-Charlestoi
Courier.
? ? ?
The Jail of Richland District Broket
into by thc ."Unitary Authorities.
A collision occurred between tho militarj
and civil authorities of Columbia yesterday
of which the following are the facts as nar
rated to us : Some time ago a bail writ wa;
issued against a man named Henry Bulrich
citizen, at the suit of Joseph, Fry, for a debi
contracted in Charleston. He was held tc
bail and Mr. S. H. Trcvett became his surety
on a bail bond. Day before yesterday Bul
rich enlisted in the United States army, and
was surrendered by his surety to the Sheriff
Unable to pay the debt or give further sc
curity, he was committed to jail. Majoi
Walker of the 5th United States Cavalry dc
manded the release of the prisoner. Mr,
Dent, thc Sheriff inquired if he had a written
order. Thc reply was "no !" but he had a
verbal ouc. The Sheriff then said " bring
me a written order from the commandant ol
thc post and I will consider it." Yesterday
morning the order was produced. The Sheriff
asked for thirty minutes to confer with bia
legal adviser, then in the Legislature. The
bearer of the message replied, " no, not a
minute." " Then," answered he Sheriff, "you
must take bim yourself-I will uot deliver
him." Whereupon the officer proceeded to
thc jail. Thc keys we:o demanded of the
Chief of Police, who relused to deliver them.
The officer laid his hand rudely on the Chief,
feeling his po:kets for the keys, and not being
able to find them, proceeded to break down
the dcor of the apartment in which the priso
ner was confined, released him and marched
off. Such briefly aro ,the alleged circum
stances.
The right of the military authorities to the
person of the soldier is a question for lawyers
to decide, but the right of any body to break
down thc doors of a jail and forcibly remove
from the custody of the civil law the person
confined, although it may have been Gen.
Grant himself, is one conferred only by the
bayonet and that strong arm which thus far
seem3 to ignore the writ of habeas corpus
aud the most sacred safeguards of society.
South Carolinian, 12th inst.
- . -.??
A MINC OF WEALTH-An enterprising
company of gentlemen of which R. B. Bul
lock, Esq., is President, J. E. Marshall, Secre
tary and G. Schaub, General Superintendent
-all of Augusta-are nov/ engaged in turn
ing the mother earth of EdgeGeld District
into greenbacks. Availing themselves of the
fine bed of Kaolin which there exists, they
have erected a manufactory, put up machi
nery, and employed a multitude of artisans
who are daily sending to market the lirst
fruit of their industry in thc shape of the
most beautiful porcelain ware of every style
and description for domestic and ornamental
use. Specimens of which wo have seen, says
the Carolinian, compare more than favorably
with the best which abound in our stores, be
ing of a pure, soft white color, and a texture
so fine as in some instances to deceive the
eye as to its real .character.
Yet, the work of introduction and manufac
ture is only in its incipiency. Wc expect to
see the day when the most elegant vases and
articles of verlu rivalling in beauty those in
Europe, will go forth from South Carolina to
astonish the world, and when thc attention
of capitalists will bc more generally address
ed to Kaolin as an article of manufacture and
export. Fine beds exist in thc neighborhood
of Columbia, which, when Edgefield bas bc-n
exhausted, we invito our Au^i'sta friends to
come and examine.
THE CABLE GETTING WEAK.-London dates
of August 17th say that no news had been
received from America per Atlantic cable for
two days. A Bimilar announcement was
made August 10th. Yet we find that London
dispatches, dated August 8th and 9th and
10th, and August 1.0th and lGth and 17th,
were received in this country. It would seem
that the electrical currents wero stronger
from Ireland to America than from America
to Ireland. The capacity to deliver message
in this direction also seems to be growing
weaker day by day, and the indications are
that it will soon fail altogether.-Washington
Star.
- ?
A Gem.
It is not much the work con gh'o
With all the subtle art,
And gold alone Ii not tte thing
To satisfy tho heart;
Bat oh ! if those who elisttr round
The altar and tho hearth
Havo gentle ways and bving words,
How beautiful is earth !
ALWAYS IN SESSION.-There wa3 a very
irrasciblo old gentlemen vho formerly held
tho position of Justico of the Peace in ono
of our cities. Going down tho main street
one day, one of the boys ?poke to him with
out coming up to his honor's idea of defer
ence. " Young man, I fire you five dollars
for contempt of Court." "Why, Judge,"
said tho offender; "you are not in session."
" This Court," responded the Judge, tho
roughly irritated, " ia always in session, and
consequently always an object of contemptl"
There was disorder in court as his honor
jAssed OB.
Legislative Proceedings.
SATURDAY, Sept? 8.
SENATE.-The Senate met at 12 m.
Messrs. Darant, Thompson and Buist pre
sented reports of sundry committees.
A message was received from the House,
refusing to concur in the resolution relative
to the action of the General Assembly at this
special session, sent to the House by the
Senate.
At 1 p. m., Message No. 2 was communica
ted to the Senate.
Mr. Tracy presented the memorial of cer
tain citizens of Colleton District, in relation
to the pecuniary condition of thc country,
and the means to remedy the same.
Mr. Buist presented the memorials of Drs.
George E. Trescot and Samuel LogaD, in ref
erence to furnishing limbs for disabled sol
diers.
Mr. "Weatherly introduced a bill to securo
advances fpr agricultural purposes.
Mr. Shingler introduced a bill to prohibit
the sale of agricultural products by laborers
and employees. Also, introduced a bill to
prohibit and punish hunting and fishing on
the premises of others without permission.
Mr. Buist introduced a bill to enable cer
tain banks to be put in liquidation.
Mr. Thompson introduced a bill to amend
an Act entitled An Act to establish and
regulate the domestic relation of persons of
color, and to amend the law in relation to
paupers and vagrancy."
Mr. Townsend offered a resolution, which
was agreed to, that it be referred to the Com
mittee on Roads and Buildings, to examine
into the expediency of finishing the new
State House, in such manner as to make it
suitable for the uses of the Legislature ; and
to this end, that they obtain reliable estimates
of tho cost of covering the building with a
good shingle roof, and finishing off the in
terior of tho same, together with the neces
sary stairs leading thereto, in?uch plain man
ner as shall be least expensive to the State,
but which, at the same time, will be com
patible with the convenience and comfort of
the Legislature whilst occupying the building ;
and that the Committee bc allowed until the
first week of the next regular session of this
Legislature to obtain the information and
make their report.
After the transaction of some other unim
portant business, the Senate adjourned.
HOUSE.-The House met at 12 o'clock.
Message No. 2 was received from his Ex
cellency the Governor, and was read by
John L. Boutwright, Esq., his Private Secre
tary :
STATE OK SOUTH CAKOLIXA,
EXECUTIVE DEPT, COLUMBIA, Sept. 7, ;GG.
Gentlemen of the Senate and House of Rep
resentatives :
The Congress of the United States, on the
2d day of July, 18G2, passed an Act, entitled
"An Act donating public lands to the sev
eral States and Territories which 'may pro
vide colleges for the benefit of agriculture
and the mechanic arts." By thia Act, 30,000
acres of land was apportioned to each State,
for each Senator and Representative, by the
apportionment under the census of lSl!0.
Where no public lands are situated in any
State, then the quota of such States shall bc
paid in land scrip, which "shall bo sold, and .
thc proceeds applied to the uses and purposes
prescribed in the Act.
. All the expends 'connected., with the se
curing and selling of the scrip aro to be paid
by the Stato, so that thc gross proceeds of
the sale shall be appropriated as aforesaid ;
the proceeds to be invested in stocks yield
ing not less than five per cent, interest; thc
interest alone to bc used in nmintaining one
college, " where the leading object shall be,
without excluding other scientific and classi
cal studies, and including military tactics, to
teach such branches of learning as are rela
ted to agriculture and thc mechanic arts, in
such mani. ; as the Legislatures of thc States
may respectively prescribe, in order to pro
in the liberal and practical education of
L. .ndu?triol classes in thc several pursuits
and professions in life." Other conditions
are annexed, one of which requires a college
to bein complete operation within five years
from the passage ot' the Act ; otherwise, the
grant to the State ceases ; and another,4: that
no State shall be entitled to the benefits of
this Act, unless it shall express its acceptance
thereof, by its Legislature, within two year3
from the date of its approval by the Presi
dent." On the 14th April, 1864, thc time
was extended two years from that date, and
on the - day of July, I860, it was further
extended, so that no impediment now exists
to this State accepting the provisions of the
Act.
The quantity of land scrip lo .yhieb this
State is entitled will be 180,000 acres, and
will, perhaps, realize to the State moro than
$ 100,000.
I recommend thal tho .General Assembly,
at its present session, accept l he provisions ol
this Act of Congress. A joint committee of
the two Houses, or a commission, can mature
a plan organizing and establishing a col
lege, in conformity to the requirements of
the Act of Congress, and report at the annual
session of thc General Assembly.
I communicate herewith, for your informa
tion, a copy of the Act of Congress of the
2d July, 1862. JAMES L. ORR.
Mr. Warley introduced tho following bills:
A bill to amend the law iu relation to tenan
cies ; a biil to provide an expeditious mode of
ejecting trespassers.
Mr. Wagoner introduced a bill to amend
an Act, entitled M An Act to lend the credit
of thc State to secure certain bonds to bc is
sued by the South Carolina Railroad Com
pany."
Mr. F. D. Richardson introduced thc fol
lowing bills : A bill to dissolve the corpora
tion known as thc President and Directors of
the Bank of thc State of South Carolina, and
to transfer asserts to the new Batik of the
State ; a bill regulating suits brought against
tho incorporated banks of this State for thc
recovery of notes issued as circulation ; a bill
to amend the law allowiug discounts to be
plead in action at law.
Mr. Hough introduced a bill to raise a fund
to provide for the necessities of tho people.
Mr. Lord introduced a bill to enable cer
tain banks to be put in liquidation ; also, a
bill to amend the law establishing District
Courts.
Mr. J. S. Richardson, jr., introduced a
resolution, which was agreed to, that it be
referred to the Committee on Roads, Bridges
and Ferries to inquire ard report, by bill or
otherwise, upon the propriety and expediency
of authorizing the Boards of Commissioners
of Roads of the several Districts and Parishes
to levy a tax upon the inhabitants of their
respective Districts and Parishes, as is now
done by tho Boards of Commissioners of Pub
lic Buildings and of the Poor, for the purpose
of keeping up the roads and bridges of the
State by contract, iustcad of working them
as now provided by law.
Mr. Easlcy introduced a bill to alter and
amend thc laws of this Stato in relation to
insolvent debtors.
On motion of WT. "Warley, the House pro
ceeded to tho consideration of resolutions
(by Mr. Carlington) in relation to thc condi
tion of tho people, growing out of their in
debtedness as effected by the results of the
war, and thc necessity of remedial legislation ;
which were discussed and finally made tho
special order of tho day fur Monday next, at
I oVlock p. m.
House adjourned.
MONDAY, Sept. 10.
SE?AT?:.-Tk Senate met at 12 m.
Sundry papers were received f
Howiek
Messrs. Davant, Williams, Thomp
livan and Hempbil submitted reports
mittees.
Mr. Thompson introduced a bill tc
j an Act entitled "An Act to establi
trict Courts ;" and a bill to make
plaintiffs and defendants, in all cases
tent to give testimony, in such case;
manner as other witnesses.
Mr. Tillman offered a resolution, wh
ajrreed to, and was ordered to be seu
House for concurrence, that the At
Guner?l and Solicitors of this State t
they are hereby, instructed and requi
take immediate measures to check ai
all violation by the several railroad con
chartered by the Acts of the General.
bly of this State, in the matter of the
charge of the said companies, or eit
them, for freight or passage money, ai
the said Attorney-General and Solicil
required to institute the necessary pr
ings by rule, quo warranto, or otberwi
the forfeiture of any one or more of thc
ters of said companies, who may, in tli
ticular? indicated, have hitherto viola!
are now violating, the provisions of
charters ; and that the Attorney-Genera
Solicitors each make a specific and se]
report to this General Assembly, on th
day of the ensuing regular session, of
action respectively under the resolution
HOUSE-The House met at 12 o'cloc
The Senate sent to the House a num
papers, which were properly referred.
Messrs. Goodwyn, Lord, Shaw, Cam
J.S.Richardson, jr., Talley, Bonham,
yea and Warley submitted reports of
mittees.
Mr. Warley introduced the following
amble and resolution, which were mac
special order of the day for to-morroi
half-past 1 o'clock p. m. :
Whereas, the condition of the counti
mands that the Legislature shall, by ?
gal means, interpose to prevent the sac
of property at sheriff's sales ;
Be it Resolved, That a committee, to
sist of five members of the House and
of the Senate, be appointed to inquin
report upon the propriety and exp?di?e
appointing three assessors in each Dis
whose duty it shall be to assess and deter
the real value of any property upon v
levy, under execution, has been or mi
made, and to return such assessment, r
oath, to the sheriff. And to report fu
upon the propriety of a law which shall
vide in substance : That if the property li
on be sold for moro than its assessed v
the plaintiff in execution 6hal! pay fivi
cent, on the assessment ; if it he sold foi
than its assessed value, but for more
three-fourths of such value, the plaintiff
pay fifteen per cent, upon the assessmen
it be sold for more than one half and
than three-fourths of its assessed value,
plaintiff in execution shall pay thirty
cent, of its assessed value ; if it be sold
less than one-half of its assessed value,
plaintiff in execution shall pay forty per (
upon the assessment. That the tax. thus
posed shall be retained by the sheriff, am
subject to the order of thc Commissions
the Poor of the District in which the sa
made.
Messrs. Butler, Haockel and Barker f.
notice of the introductionof bills.
The following bills wore ordered to be
on the table : A bill for the establishmen
agricultural ant', mechanical schools in
various Districts of the State, and for a tc
nical night school for apprentices and yoe
in business in Charleston ; a bill to cn
the oifice of Superintendent of Frt^ Scho
and to amend tho law in relation to i
?chools ; a bill to provide for the clectior
Commissioners, Masters and Registers
Equity by the people : a bill to alter ;
amend Sec. 26 of Art. 1 of thc Constitu?
of this Slate.
Mr. Keitt introduced a resolution, wh
was agreed to, that all the unfinished bi
ness of the last regular session be contint
to the next regular session of the General J
sembly.
Thc resolutions (by Mr. Garlington) in
lalion to the condition of the people, growi
out ot their indebtedness as effected by 1
results of the war, and the necessity of ren
dial legislation, were considered, and, on ii
tion of Mr. "Warley, referred to a spec
committee, with instructions to report the:
on, at this session, by bills or otherwise.
Mr. Bonham introduced a bill to ame
the law in relation to the bonds required
public officers.
Mr. D?.Pass introduced a resolution, whi
was agreed to, that the bill tn provide art
dal lega for all citizeus of the State who ha
lost their legs during the recent war, re
for the first lime in this House, be referr
D a special joint committee, consisting
the House and two of thc Senate j and tb
this resolution be sent to the Senate for cc
currence.
Adjourned.
TUESDAY, Sept. ll.
SEN-ATE".-The oonalc met at 12 tn.
Suudry papers were received from tl
House.
A resolution was received from the Hous
that thc bill providing artificial legs for :
citizens of the State, who have lost their loj
during tho recent war, read for thc first tin
in the House, be referred to a special joi
committee, consisting of threo members of tl
House and two of the Senate, which wi
agreed to, and Messrs. "Weatherly and Wi
smith were appointed the committee.
Mr. Buist introduced a bill to provit
for thc funding of the interest and princ
pal of the stocks and bonds of the State pa
due
Mr. Hemphill submitted a report of tl
joint committeo relative lo the establishmet
of a penitentiary in this State, and recon
mended the adjpiion of a resolution that th
Governor be, and he is hereby, instructed I
appoint a commission, to consist of ono c
more persons, to prepare a plan for the e
tablishment and discipline of a penitentiar
in this State ; to make investigations in ret
peet to a suitable location for the same, an
furnish estimates as to the probable cost <
construction, and report to the General Ai
sembly at its next regular session ; which wi
laid on the table.
Mr. Weatherly introduced a bill to prc
vide for tho establishment of a penitentiar;
Messrs. Buist, Shingler, Hemphill, Still
van, Winsraith and Williams submitted rt
ports ot Committees.
Tho bill relative to holding Courts in thi
State was discussed, after Wljiich the Senaj
adjourned.
HOUSE_The House met at 12 o'clock.
Mr. Fair presented tho petition of th
Commissioners of tho Roads of Abbevill
District, praying changes, ?n the Road Law
also, petition of thc Board of Commissions
of tho Poor for Abbeville District, for aid t
support the poor of tho District.
Mr. Wm. Wallace presented tho petitio
of " the Ladies' Memorial Association of Cc
lun.oia," asking permission to use certai
granito and marl lo belorging to State, fe
head-stonea for thc ?raves of Confedcrat
dead.
Mesara. Barker, Aiken, Shaw, Ryan, Cai
non, Garlington, Lord, Richardson, Hu
son and Lee, presented reports of commil
tees.
Mr. Wagener introduced a resolution, whic
waa agreed to,-that it was agreed to, that i
ia expedient to make the poor houses in thi
S tato industrial institutions, and that the Cos
! mittee on Public Buildings inquire into and
submits plan for the same, by bill or other
? wise.
Mr. Trescott introduced a resolution, which
was referred to the Committee on Railroads,
that the President and Directors of the Blue
Ridge Railroad Company, in South Carolina,
be, and are hereby, authorized to deal wi tl
the shares held by' the State in seid Compa
ny in the same manner as with the shares j
of all other stockholders, in ary *xrangement I
that may be made with any othei companies
or individuals, for the completion of the said
road, by the issuing of preferred shares, or
reducing the number of shares .aeld by the
State in the same ratio in which the city ol
Charleston and other stockholders may con
sent that their shares shall be reduced, or ir.
any other manner in which it moy be found
necessary to surrender a portion of the capi
tal already invested, to accomplish the con
struction of the s*d railroad: Provided.
That in any arrangement that may be made
the State shall not bo held liable for any ad
ditional assessment on the shares BO held.
Adjourned.
From the Columbia Phoenix.
MKSSRS. EDITORS: AS the Legislature ia
now convened in extra session, the mind in
voluntarily turna to the financial embarrass
ments of tho State, and I must claim the priv
? ilege of an occasional correspondent, in sug
gesting some measures of relief, which have
occurred to me as plainly practicable and ex
pedient.
The ordinary rules and argumenta employ
ed by political economists, by mond philoso
phers and lawyers, in the discussion of the.
indebtedness of a people, are not all applica
ble to our case. It appears to me that many
of the debta or contracts of the South may
be declared null and void by the Legislatures,
and nearly the whole of them scaled or re
duced, without a positive violation of the
Constitution, and without any imputation
against us of a spirit of repudiation. The
instincts, for instance, or the commence, if
he has any, of the veriest monater of avarice,
must tell him, .hat justice and equity forbid
his collection of the full amount of any notes
or contracts he may hold for the recent sale
of negroea. And this accords with the senti
ment of the whole people. Where all agree,
therefore, that a remedy ia needed, is it pos
sible that the Legislature cannot afford one ?
When a particular view is thus adopted by
the universal sense of mankind, iit is not
apt to be founded upon error, or to be con
trary to law.
We will examine the question with the
eye of reason and philosophy, by the practi
cal tests which arc at the command of every
lover of truth. The only obstado in our
way, is that paragraph in the tenth section
of tho first article of the Constitution of the
United States, inserted likewise in the Con
stitution of this State, which declare; that-no
State shall pass any " law impairing the ob
ligation of contracts." Let us fix the mean
ing of these words ; for contracts and the ob
ligation of contracts are different things. In
Sturges vs. Crowninshield, 4th Wheaton,
and in Ogden vs. Saunders, 12th Wheaton, it
is decided that the "obligation of a contract
is the lar ?vhieb. binds a party to perform his
undertaking." And in the former caie, Chief
Jnstice Marshall, the greatest of ali the ju
rists, " who walked with thS men of ?ne Rev
olution," decides, in effect, that not only the
present property of the debtor, but " all his
future acquisitions," enter into and constitute*
a part of the " obligation of his contracts ;"
and this opinion is substantially confirmed
by nr mberless subsequent decisions. Adopt
ing ibis view, then, we proceed to remark,
that negroes, being recognized as property by
the Constitution aud the laws of the United
States, constituted about threc-fourthu of the
wealth of the people of tho South, tnd the
basil ol three-fourths ol their contracts ; and
when they were emancipated by the General
Government, and by amendment of the Con
stitution, a i onventisn of the people of thc
State co-operiting therein, thc -obligation of
three-fourths of our contracts became M ipso
Jacio"-impa red-and human ingenuity can
not avoid that conclusion. Thc inference is
legitimate, therefore, that as the obligation of
our contracts has been impaired by operation
of tho Constitution of the United Slates, it
could not possibly bc unconstitutional for the
Legislature so to declare, and to declare, also,
to what exleni it bas been impaired. Ita ac
tion would only be a conformity to truth,
and a decent compliance with the behests of
superior power.
This argument appliea, with peculia;* force,
to contracts for the purchase of negroes.
The slaves for whom you gave your bond or note
for $50,000, payable in twelve month;-, have
been set free by an amendment of the Con
stitution in one month after your purchase,
and before they have been able to compensate
you for thc first outfit with which ycu equip
ped them ; and can that Constitution now re
quire you to pay the full amountof your bond
or uote ? The proposition is absurd, and the
idea suggested by it repugnant to all our con
ceptions of honesty and fair-dealing. The
obligations of the governor or government and
thc governed aro reciprocal. Vor your sub
mission to thc laws, the forme* owes you pro
tection, and when that fails you, thc law of
your obedience ceases to bind. But it were
monstrous-for the Government to require you
to pay your negro debts, and, at the same
time, to take from you, not only the mcan3
of paying with, but thc very articles of prop
erty for which the debt was contracted.
Hence, we reasonably conclude that the
Legislature has the power, in conformity with
the amendment of the Coustilution, and the
ordinance of the Convention of South Caroli
na sanctioning that amendment, to diminish
tho debts of the people-especially their ne
gro debts-in proportion to their losses by
the forcible emancipation of their Blavos. If
they had freely given their consent to this
proceeding, and voluntarily surrendered their
property, then the question for our connidera
tion might have been of moro difficult solu
tion. But the negroes were set freo by Pres
idential proclarc^'iona, by resolutions of Con
gress, by physical force and military power,
and byan amendment of the Constitution ex
torted from tho South by tho bayonets Of a
victorious army.
But we contend that, in a stiictly legal
'point of view, these contracts for negroes
must be annulled and curtailed, for reasons
quite as potential as any that have yet been
offered. Whilst our citizens dealt in ?laves,
the same warranty applied to them that ap
pertained to the transfer of other personalty.
A sound price not only demanded sound prop
erty, but there was an implied warranty from
the vender to the buyer that his title.? were
good, and that the negro would remain his
chattel for life. As soon, therefore, as the
uegro became manumitted, thero was a fail
ure of the-consideration of the note given for
his purchase money, and the buyer had the
right to plead it in discount or by way pf aet
oli. Theae principle8 and this doctrino are
laid down in all our elementary works, and
are affirmed in all our leading reports. The
courts, too, of thia State, will vindicate their
correctiifas8 whenever the question is made
before them, and a jury will never fail to
give relief whenever a proper case ja submi
tted to them. Litigation, however, will iucui
costs, aud what is lawful for the court and
jury to do, cannot be unlawful fer the
Legislature to do, in a more eflectual m inner,
The expense of litigating all claims for no
groes sold would nearly exhaust the collec
tions to bs made, and the verdict of ?i jurj
is tho law only of the particular case d?cid?e
by it The debts should be classified, anc
certain inexorable rules prescribed, whereb]
a?l these parties, could settle and wjuat theil
mutual demands without the interposition of
judge or jury.
The action of the Convention, even in re
gard to contracts made during the war, is
very incomplete and unsatisfactory: and,
without some revision or alteration by the
Legislature, will furnish a very inadequate
corrective of the evils intended to be provided
igainst. Parties, as now advised^. are .com-,
yelled to appeal co the courts for the'adja?i-'
ment of their claims, and, in many instances,
7 the time tho debts are reduced 'to the
standard of justice and equity/ th?re wdl not
be enough left to pay the costs of suit. Host
administrators, executors, guardians and
trustees, submit to this hardship and subject
the estates they represent to this enormous
'xpense ? If it was lawful fqfr the Conven
don to pass the Ordinance, would it not be
equally lawful for the Legislature to establish
some principles, or some cheap mode of pro
cedure, by which it could be made a practical
moasure of relief? Why not establish cer
tain referee?, in each District, to determine
.ill these causea without suit, and let the
great business of settling ap estates proceed
.vith that regularity and despatch which the
interesta of the parties and of the country so
imperatively demand? There is much excuse
we admit, for the conduct of our legislators
lince the surrender of the Confederate ar
miea, for they were stunned and confounded
oy the fall ; but it is time for us to awaken
and beatir ourselves, as strong men, resolved
to save the wreck of oar fortunes ; to buffet,
with laaty 8inew, the waves of adversity ;
and, if we mast sink, to perish near a friend
ly shore.
" To be weak is miserable, whether acting
or suffering," and i : is passing strange how
we can quibble and hesitate, and hesitate and
quibble, about the enactment of measures
for the salvation of the State, when every
man knowa what the life of the State de
mands. The obligation of contracts has be
come a horrid spectre, to frighten our law
givers from their propriety and their wits.
Was it wrong ana unconstitutional for oar
Convention to ordain that the Confederate
contracts should be reduced by the courts
and juries according to the demands of jus
tice and fair dealing ? No one felt so, at the
time, and no ono believes so now. How,
Iben could it be wrong and unconstitutional
for the Legislature, which, in this respect,
has as much power as the Convention, to an
nul and modify the negro debts according to
the imperious claims of honor, honesty and
humanity?. There ure no obstacles ia its
way-" nc lion in its path"-and all it lacks
is the will of " Greal; Heart" to make this
greatest measure of deliverance a matter of
easy accomplishment.
JOSEPH ABNEY.
From thc Augusta Constitutionalist.
The Voice or an old Confcd.
There has been sent os a communication
which as bearing tho marks of authenticity
we here publish. It is written on that coarse,
rough, dingy paper so common in war times,
and bears for the nomme de ?plume of the
real author the name of " OLD CONFED."
For reasons that will be appreciated by the
writer we have slightly curtailed the article,
but have of course, added nothing, and give
it otherwise as it is written. For the com
plimentary allusion to ourself we are duly
grateful-it is but one of many like utterances
that reach us on every side-and we never
hear' so kindly a worrLpf cheer bat we renew
our determination nevef, while our pen'can
trace a syllable, to forget any man who now
languishes illegally in prison, be it Jefferson
Davis or the humblest private citizen whose
name and whoso history are alike to us un
known :
[COMMUNICATED.]
EDITOR OF THE CONSTITUTIONALIST :
There is one thing about your paper which
makes my heart throb warmly for its success,
and for the welfare of that persou who writes
ita leading sruclca-that thing is, you never
forget Mr. Davis.
How apt men are to forget the sufferings
of others when- they themselves are not
sufferers. The man who is abb to have
bis table groaning with the best viands the
country can produce, does not know the sym
pathy he should feel, nor is he capable of
feeling it, for the poor family who go to bed
hungry on such food as barely sustains life.
Thio is a matter, however, in which he only
feels a humanitarian interest, if he feel any-'
thing; aud he may, halfway, console his
poor conscience with the reflection, that he
can not feed all the poor. '.:
But in the matter which caused the incar
ceration of Mr. Davis, very nearly every man
!n this section of the country is vitally in
terested. There are thousands of us who
suffered in Northern prisons, and wo know
what that Government did for us, notwith
standing the power of the Northern press
may have led many persons to believe wo
were veli fed. The report of their own Sec
retary of War settles this matter. It shows
we lost 26,000 men by death, out of 200,000
prisoners. They lost 22,000 out of 260,000
prisoners.
Now, tho effort is to convince us and the
world that Mr. Davis has all tbe comforts and
luxuries he desires. He might have all the
world could produce in that woy, and not
have his freedom, and what the world pro
duces would be as ashes upon his lips or as
thorns to his weary limbs.
As a true man to the Confederate States
one who gave bia services, his property,, his
blood and the lives of his children to a cause
which he believed to be right-I feel like I
cannot breathe a free breath in this country
80 long os Mr. Davis is a prisoner. If he is
guilty, I am more guilty-nine-tenths of the
volunteer soldiery of the South are more
guilty.
I believe it is as much'the duty of every
good and true man in the South to " demand"
the release, or trial, of Mr. Davis, as it was
his doty to fight against what he thought was
oppression. However much I desire to see
the States in the position the Constitution
gi vea them, I think they never can be there j
nay, never should be there, if it were possi
ble, until Mr. Davis ia tried by the proper
tribunal, or is released irrevocably from his
imprisonment.
Let our people read of the infamous con
duct of Mr. Holt, in his attempt to fasten tho
assassination of Mr. Lincoln upon Mr. Davis.
Let them read the report of the Committee
of Congress, to whom this queatiou was re
ported, and let them not fail to read the re
port of the minority of that Committee, and
if, with all this infamy staring them in the
face, and staring Mr. Johnson in the face,
they can support him. or his measures whilst
Mr. Davis remains in prison, they can do more
than will do
AN OLD CONFED.
-? ?
TUE EFFECT OF PHILADELPHIA RADICAL
ISM.-A correspondent writes from Baltimore
aa folio wi :
The recent cooduct of tho radical officials
upon the visit of the President t0 Philadel
phia, is at this time receiving ita just reward
in the positive refusal of Southern.merchants
to go there for supplies. An instance was
to-day furnished of this fact, by the return to
Baltimore of a uumber of merchants of Sooth
Carolina, representing a capital of one han-'
dred thousand dollars, who bad intended to '
purchase there, but were deterred from doings
so by fte disgraceful and fostaitf faction'of*
the municipal authorities, when ?the city wai 1
honored by the Chief Magistrate. This* threw
quite a large share of cash into our mer- *
chants* hands, tnd it -iv to- ba boped that they *
will improvo euch and similar circwBtaacei