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I IrA A Family Companion, Devoted to Literature, Miscellany, News, Agriculture, Markets, &c. Vol. XIII. WEDNESDAY MORNING, AUGUST 29, 1877 No. 35. THNE H ER AL D IS PUBLISHED EVERY WEDNESDAY MORNING, At Newberry, S. C. BY THOS, F. GORKRRKI, Editor and Proprietor. Terins, S 2OO per .Innt, invariably in Advance. The paper is stopped at the expiraitionl of time for which it is paid. ? The >4 mark denotes expiration of sub scription. Drugs 4 Fancy Irticles. BLUE GLASS! If you wish a soft, pleasant light to read by, get a Blue Glass Lamp Chimney, or a Combination Chim: ey and Shade from POPE & WARDLAW. DRUGGISTS' SUNDRIES. We have just received a splendid assort ment of HAIR and TOOTH BRUSHES, TOILET SOAPS, from 5c. a cake upwards, and an entire new supply of DRUGGISTS' SUNDRIES and FANCY GOODS in gene ral, to which we invite the attention of all, more especially the ladies. Our stock of DRUGS, PATENT IIEDICI NES, PAINTS, OILS, VARNISHES,' GLASS, SEGARS, TOBACCOS, PIPES, CANDY, Brandies, Wines and Whiskeys For Medicinal purposes, Is full and all recently purchased, which we will sell as LOW AS THE LOWEST. nid upon reasonable terms. PRESCRIPTIONS COMPOUN~DED t all hours by our Dr. D. S. Pope, who can found at night in room over rear por JOHN ANI I. Neighbor Jolin has houses and lands, But the earth and sky are mine; He keeps his deeds in an iron box I have a right divine. Th e wind that scatters his orchard-blooms, Or tills his sails on the sea, Comes over the orchard and over the wood With a sweeter breath for me. I can lie down on the ferny hills, Watched by the silent stars; John is afraid because of the gold Under his bolts and bars. Though the sun shines out he sits him down And reckons it day by day; Green leaves beckon, wild winds blow, And I am up and away ! I dip my cup in the crystal spring; John drinks the red, red wine; He sits at a feast from day to day, And the frugal crust is mine. But, oh! the glory of earth and sky To my free, exulting soul! The world is wide and-the world is fair, And I hold in fee-simple the whole. [From the Sunny South.] THE YOUNG MAN---BEATW -0 THE THREE MESSENGERS. o One evening, says the allegory, a young man was sitting in his cottage talking with his wife as to their fu ture. He was poor as to money but had the wealth of a good and strong constitution, and able and willing hands to work. He was blest with a good mind, and full of energy and in dustry. Sitting in his lap was a little son who had not numbered his first twelve months. The young mother was busy with her needle. Just then a knock was heard at the door, and a cordial and free invitation given to come in. A neighbor. thought the young couple. But much to their alarm, in walked Death. Fixing his eyes upon the young man he said in an authoritative manner : "Young man I have come for you and shall make you a citizen of my silent kingdom." "Have mercy !" exclaimed the young man. "You 4ave mistaken the house ; you certainly must have come for my old rich neighbor, wh omyou have permitted to journey on life's course over his three score years and ten. Go, take him, spare me." "I make no mistakes, I came for you. I respect nei.ther age, circum stance, nor condition. Come go !" Said the young man in the terror of despair: "Let me reason with you ! Let me plead my case ! Hear my petition for a longer life !" Death said : "Speak on, and let me hear your case. I do sometimes relent, for a season, at least." Said the young man: "In the first place I think you have come too soon for me, I have just started life ; and there you see my young wife, and here in my lap our little babe. Would you make her a widow so soon. and my child father less ? Who will take care of them if you take me away ? Besides, here is my little home I have just bought ; my. prospects in life are fair and in viting ; would you blight all in a mo ment ? I am young as you see, strong and healthy, and I thought I had a good many years yet ahead of we ; are my hopes to be thus blasted ? Let me live to mature my plans, and see my boy grow up to man's estate, so that he will be able to take care of his mother ! and the last, but not least reason I have is this; I have not made that preparation I should have made for so important a journey as you would send me on. I have neglected my soul's great interest, in looking at, and thinking of my temporal, I am not prepared for you, 0 Death ! Nei ther to meet my Creator." Death arose from his seat, and said : "Young man, you have stated your case and condition fairly and with good reasons.; I will leave this time without you; but mark me well, I will return at some future day, but will hear no reasons-you must then go. But before I come again ,I will send you three messengers, each will tell you I am coming-take care that you heed them ?" "I will," exclaimed the young man. "and thank you for your kindness in now going, and your generous consid eration in sending me notice." Time rolled on. The young man grew to middle age, and in time old age came upon him. His life had been a success so far as to the accu mulation of wealth and itL comforts and luxuries. Affluence, children had blessed his declining years. One pleasant evening, sitting at his ease and comfort in his elegant home, with a little grandson playing about him, he heard a ring at the door bell. Too old and stiff to go to the door, he called to the visitor to come in. In stepped Death. "What !" exclaimed the old man, "come so soon ? j"Yes," aswred TDeath. who. eye ing his old acquaintance, added have come for you, as I promised." "Promised !" said the old man "Yes, you promised to send me thre+ nmessengers before you yourself woul conie in person, and I have not see one of them." "I sent them," said Death, "and i you did not heed them, it was not m; fault." "When did you send your messen gers, for I have not the faintest recol lection of their coming ?" rejoine< the old man. "I sent them," answered Death "and if they came quickly and gentl: reminded you-in looks and by touche you should have heeded their silen but yet expressive admonitions." "Explain yourself," said the ol( wan; for I do not understand. Yoi talk in riddles or fables." "Easily enough done," said Death "When I first came, you were a youn man; your hair was as black as raven's wing-now it is gray, an< your locks are thinned by age. Tha was my first messenger. Those eye of yours were bright and undimme by age ; now I see you use glasses t' aid your failing sight. That was an second messenger. That form of your was stout and strong-unbent bi years; now you totter as you walk and lean upon your cane for support That was my third messenger. You babe, whom I saw in your lap, ha grown to man's estate and is himseli a-father, and young grandchildren re. mind you that your years have not been few." "But hear me," said the old man ".what you have said is very true, but my cares and business affairs havf been so great that I have neglected to make preparations for so important and serious a journey. I have madE no preparation to meet you, 0, Death though I knew you were coming a' some future time, but did not expect you so soon ; I am not prepared t( meet my Creator and Judge just now. Give me a little more time-just few more years, will you not ?" "No," answered Death ; "if yot have failed to attend to so great t matter for so long a time, the fault is yours, not mine. I warned you bui you heeded not; you must go now unprepared; and the consequences be upon your own immortal soul. Come!" and laying his cold hand upon the old man his soul departed. Reader, how are you acting in thi; matter? Have you seen or felt th< touches of any of the messengers ?. THE FENCE LAW. ESSAY READ BY MR. B. F. CRAYTON BE FORE THE STATE GEAN~GE, UPON THE SUB.TECT OF THE NEW FENCE LAW. Progress and improvement is the order of the day. We see it at ev ery turn. We neither sow nor reai as our fathers did. Change is seer in everything have the fencing around our fields. This alone is practiced as it was two hundred years ago, and there is no chang< that has been made by an agricul tural people, when change is so im peratively demanded and so easily pointed out. To state it would seem to be all that is necessary ; tc argue it would only be to confound The proposed change in the fenc< law consists in this, and this only fence or inclose stock and turn oui rops. The arable or cultivated .lands ii about ten times as great as is ne cessary for pasture. My observa tion is that one acre is sufficient fo: each head of cattle, and that hog: pay best when confined in sinal pens. I find by the returns in th< Auditor's office of this County tha! the average farm is forty acres This is just ten times as much as i necessary for the pasture, as n< farm of that size should keep mor< than four head of cattle. Assum ing these returns to be correct, ani to inclose the farms of the Count' in ten acre fields, which, I believe is above the average size, it wouk require, estimating rails at $1.0( per hundred, near $400,000 to pa; for the fencing of this County. believe it is generally conceded tha ten per cent. annually is require to keep them in repair. Think o this, $40,000 annually spent in r-e pairing fences-a sum sufficient t< pay our State and County taxes If so, can farmers prosper uinde: such management. Prudence and economy cry alou< for the change. With our fores land reduced more than three fourths in forty years, and our pop ulation increased five fold in th< same time, how long will it require at this rate, to destroy the balanc. of the timber ? I think we shoub leave some to posterity, at leas enough to show the kind of timbe: that formerly grew in this country It is argued by some that thi change in the fence law is demand ed alone by the large land-owners I contend that the reverse is tru( A prudent man with a tract of fift; acres will retain one-half in foresi whilst a tract of one hundred acre will require one-third, a tract of on thousand can be kept up with on r you will readily perceive, the larger the premises, the larger the fields, the smaller number of rails per acre will be required to enclose them. I This being the case, the poor man, on fifty acres, has one-half locked up or dead capital; the middle man, f on his one hundred acres, has but 7 one third non-productive ; and the party with one thousand can bring - all into cultivation but one hundred, - thus reserving but ten per cent. It I may be urged that the change will reduce the number of cattle. If so, good will be accomplished, as this is not a grazing country, and as you diminish the number you improve t the quality. Far better can they be kept on small pastures and soil ed, thus improving the manure ' heaps, and saving time by having them at hand instead of coursing them by the bell, to be driven up at night or, what is worse, suffering them to remain out. Again, it is argued. that by the proposed change we lose the gleaning of the fields. I think it is generally conceded that I more injury is done the land and subsequent crops, than benefits de- l rived by the stock. All good far mers know the great injury done to our fields by the hoof in wet weath er, and yet how few keep them off. I cannot see how any sane man can insist for the present custom, when everything cries aloud for the change. JUDGE T. J. MACKEY. HIS ADDRESS BEFORE THE PEOPLE OF ANDERSON, THURSDAY, 9TH OF AU GUST, 1877, UPON THE NEW FENCE LAW-AN ABLE SPEECH AND AN EXHAUSTIVE ARGUMENT. He who makes two sprigs of grass grow where but one grew be fore is a benefactor to his race. There is opposition to changing the habits of life and the value of property at all times. Man is re strained by a prudence leading him to "bear the ills that be rather than fly to those he knows not of." I advocate such a change in the fence system as is measured by the terms of the act, allowing citizens to vote for or against it by counties or townships. This proposition to fence in stock and fence out crops if carried is to be law. I an always in favor of the farmer and the fence. What and who is the South Caro lina farmer, and what is his charac ter and the results of his, avocation under the present laws and sur rounding circumstances ? The South Carolina farmer is honestly and industriously engaged' in cul tivating the soil. He obtains food at the beginning of the year by credit to enable him to carry on his farm. Continuing to labor for one year, he surrenders at its end his crop to pay for what he has ob tained on credit, and after a pros perous business of this kind he dies, insured of a respectable fune ral, with -a large number of cred itors attending it, and the country editor mourns his death and, while tcommemorating his virtues, strikes his name from the delinquent list -of subscribers. This pursuit, agri -culture, is the foundation of a SState's wealth, and has been unor I ganized until the grange, which is the first movement or .organized effort on the pert of our farmers, and, as the result of its effort, the new fence had its origin in the Legislature. The oppo nents of the measure must stand, if at all, on the whole statutes of the -State. If the newv law is not adopt -ed, all must depend on the old. :This was adopted in South Caroli 3na in 1694, and was without change luntil 1789, and defined a lawful fence as a fence six feet high, well Sbuilt and strong. It was amended so as to require it to be strong and five feet high, p)rovided that owners of cultivated land have no redress for damages unless they are fenced .in as required by law, but-there is no law denying the owner control of his wood lands and the.right of ,action for depredations on his soil l and grasses. There is not one ) acre of wood land that the owner cannot have damages for cattle crossing the invisible and unmarked b boundary which defines his posses sions. The fence law is a restric tion on the naturo.1 law of the own - ers of land, and does not apply to > the owners of uncultivated fields. .But if the owner finds near his cul L tivated lands any roving stock, he can impound them for ten days, and after giving notice to a trial t justice, advertise, appraise and sell - them under the statute. What ad -vantage will be gained by defeating a this measure and -leaving the law, ,as if; now is, unchanged ? But it 3 is suggested that the right to im pound only applies to estrays, as t they are the cattle of unknown e owners, but in 1789 the law re .quired the branding and marking 3 of cattle, and unmarked and un -branded cattle before the courts .are unknown. When this law was .enacted, not one head of cattle was without its keeper, and the pream , ble of the act recites that "persons s cultivating corn, &c., are evilly e minded people, enticing cattle, &c. e No court would judge any owner Sof attl running on wood land free from trespass. A strict construc tion exempts only cultivated lands from trespass if unenclosed. But the stock owner says to the farmer, I am not at the expense of fencing stock under the present laws, and he is not. We are on the same level as to pastures. The owner of cultivated fields is compelled to fence to prevent another's cattle from eating his grass. It is an equality in form but not in fact. This reminds me of the anecdote of the two boys who were sleeping together. Thomas called to his mother that John had half of the bed, to which she replied that is all right. But, expostulated Thomas, John has his half right out of the mildle. The relative cost of fencing stock in and stock out has been exhibited by Mr. Crayton. It has been said that figures never lie. I do not believe that for nothing lies as much as figures except facts. But these figures and facts about fenc ing are true. The United States census shows that fences in this country cost $25,000,000. The cost of repairs at two per cent. is $500, 000 per year. This is, remember, not to enlarge the area of cultiva tion, but to restrict it. On 100 acres the Virginia worm fence,which is so dear to all of us, and runs along like a horizontal cork screw, extracting the life blood of our far mers, occupies five per cent. of our inclosed lands, or 5 acres in every 100 acres. There are 15,000,000 acres of land in South Carolina, and of these 5,000,000 are under fence as cultivated land, so that 250,000 acres of cultivatable land are occu pied by worm fences, costing $500, 000, to restrict the area of the field which the farmer cultivates. If he who causes two sprigs of wheat to grow where but one grew before is a benefactor of his race, what kind ly and grateful thoughts must peo ple have for him who causes one sprig of grass to grow where two grew before. Disguise it as you may, the advocates of the old sys tem, that oppose the new fence law, are asserting a pure and sim ple communism of the uninclosed land. Suppose the old law is un constitutional, as the courts will decide, for they will enforce the es tray law, you have rejected the new law which provides for pasture, and the old law is unconstitutional be cause it conflicts with Section 15, Article 1, of the Constitution, which guarantees a man the use of his own property without molestation. The present law denies the right of damages for unfenced land that is not cultivated and trespassed on, but the owner has a right of action for trespass upon his uncultivated land. The small landowner and tenant, who have no place for pas ture, will, if the new law is rejected, be at the mercy of the large land owners. Two-thirds of these ten ants favor the new law in my sec tion. *The men opposed to it are large owners of woods. The cattle are now continually sounding the fences for their weak parts, and are attracted by the growing crops, but new pasture fences will be stronger and under the frequent observation of their owner, and the chances of trespass will be much less. Mecklenburg County, N. C., one year ago adopted the new sys tem. The canvass was very bitter, but those who opposed it then are its strongest advocates now. Sup pose you have twenty hogs on the highway, and they enter the field of some one without a fence, as the law is to-day the owner of the hogs is liable for all damages. The law does not require any one to fence against anything but cattle, horses and mules. This does not include sheep, goats or hogs. As the law now is the landowner can take up trespassing stock and notify its owner in six hours, and if he re fuses to pay for it he can advertise and sell it. Under the new law no man can sell without a suit at law to fix his damages, where the par. ties cannot agree. In conclusion, for this is an extended subject, I state that I was approached by a colored citizen to-day who is con cerned about this matter, and is muost heartily opposed to the new law. He suggested that if the new law is adopted it gives the right of pasture, but the employer might discharge him in the middle of the year and leave him without~ a home. Let us look at its probability. Suppose a farmer has a hand and two head of stock. The farmer discharges his tenant in June for good cause. Does it follow that the laborer will be unprotected, and left on the highway with his cattle? No. That stock will be liable to run in the uninclosed crops of others, and all farmers of the neighborhood will be interested in furnishing pastures for them un til the laborer gets a home. There are those who are either ignorant or bent on mischief who are telling the colored people that they will be forced to sell their stock for almost nothing to get rid of them, or to pay high prices for the privilege of pasture. Let us judge the future by the light of the ast We might as well allege that as children of the colored la borer do no work the farmers would force them to get rid of their chil dren. And yet they are supported by advances from the farmers. Men stood up here in the churches, in the woods and fields last autumn when the leaves in crimson and gold were falling, and told you that if Hampton became Governor the ku klux whistle would be heard in the land, summoning the negro to receive the ku klux lash, and that you would find shelter in the woods or under rocks. Has time vindi cated these false prophets? No. Through the thirty thousand square miles of this once more sovereign State the humble and lowly will sleep to-night as secure as if sur rounded by an army with banners. The law, girded in the panoply of a sovereign State, keeps silent watch over every head to-night. It is seven months since Hampton has been Governor, and although pas sions have not been bridled, and white men in the peace of the State have fallen by the hands of -black men, and black men by the hands of black men, history will proclaim that no colored man has had his blood shed by a white man. This is without a parallel. Adopt the new fence law and its provisions will be enforced. It will affect you as a general prosperity. You have been the poorest paid laborers on the globe ; and why? The colored laborer toils from January to the time when the Christmas fire is lighted without being able at the end of that time to buy a pair of shoes for his feet or a hat for his head. He is clothed with poverty as a garment, and rags innumera ble hang around him. The farmer is up to his eyes in debt and the la borer to his neck in rags. The law sells the roof from over the head of the farmer's wife and children and his soil from beneath his feet. Hand in hand the laborer and land owner have gone to a hopeless poverty. If you cheapen the cost of pro duction, you increase the profit by reducing the cost of production. If you cheapen the necessaries of life without regard~to the cost of production, it deprives labor of its just reward. If you decrease the cost of production, you can also decrease the price. Lessen the fences it increases the product of labor and decreases the cost by abolishing a tax equal to two per cent. of the value of the land. That is the direction in which this move is made. It will give additional dignity to the farmer, because he will no longer be misguided. The Almighty has stamped the seal of labor on every creature from its birth. Then honor to the heroes of the work shop and of the toil. At the conclusion of this address the Judge was vociferously ap plauded. Irish Latin Pun-A gentlemen in company asked his friend for a potato, and on its being sent, his friend said, "I have sent you a nice mealy one." "Thankyou," said the other, "you could not have sent me a melior !" (better.) Charade-My first (syllable) is company ; my second shuns com pany ; my third calls company, and my whbole entertains coinpany. Give it up ? Whb, co-nun-drum, of course! The foolish man will ask a wo man if her baby is not a trifle cross-eyed, but the wise man will take the cars and make his in quiries by postal ca.rd. What is the difference between a Christian and a Cannibal? One enjoys himself; and the other en joys other people. The new style of silk bats runs more to a peak than anything else, and has no "swell" about it-that is, no swell above the brim. Applicants for loans generally adopt a borrow-tone.-CnCinnfatt aturday Night. .Especially when they ask for tenor twelve dollars. "John, what is the chief branch of education in your school ?" "Willow branch, sir ; master's used up nearly a whole tree." A San Francisco paper says: "The small-pox seenms to be dying ot in the city, and so do the patients." Breaking bad news is like half cutting your throat before you are hanged, making you die two deaths instead of one. Mind may act upon mind though bodies be far divided ; for the life is in the blood, but souls communi cate unseen. The sympathy of one weaker than ourselves, the sympathy even of a little child, will aid the most resolute. "If it wasn't for hope the heart would break," as the old lady said when she buried her seventh hus and. A GALLANT VIRGINIAN TELLS A BIT OF PE1C SONAL HISTORY. The Army Career of a Southern Journalist &n English Youth who Determined to Fight for the South-His Fidelity and Gallantry-Wounds and Promotion -The Story as Told by Commo dore Pegram, of the Con federate Navy. The following letter from the Rev. A. Toomer Porter was pub lished in the Augusta Chronicle and Constitutionalist August 17th: Editors Chronicle and Constitu tionalist: I was last week at the White Sulphur Springs, in Virgin ia, where I met Commodore Pe gram, who is so well known throughout the country. In the course of conversation, at which Dr. William Huger, Mr. Frank Huger and other Charlestonians were present, the Commodore gave us the following information, which was so new to all.of us that I de termined to publish it, which I now do, with the Commodore's consent, that the gentleman whose heroic conduct is narrated may re ceive at the hands of his fellow citizens that honor which he has so richly merited. In the year 186-, Commodore Pegram, then in command of the Nashville, was, with his wife, in English waters. One day a very bright-eyed, intelli gent, well-mannered young gentle man, an Englishman, came to him, and asked that he might take pas sage with him to the Southern States, as he wanted to come and join the army of the Southern States. Commodore Pegram re fused the request, saying he was under age and he could not think of taking the youth out among strangers, to run all the risks of war. The young man 'besought the Commodore, but in vain ; he asked if he could get the consent of his guardian if he would then let him have passage ? The Com modore still declined. The youth then went to Hon. W. L. Yancey, then in London. He so worked upon Mr. Yancey's feelings that he wrote an earnest request to the Commodore to bring the young man over. Still the Commodore refused. Just then the Queen of England, having gone down to the coast, and seeing the Tuscarora and Nashville in port, ordered both to sea. This command, for reasons, the Commodore declined to obey, and he went up to London to ar range for his stay. While away, some hands were shipped on the Nashville, and in due course she put out to sea. Some days after, the Commodore was accosted by a very bright youth, who was all be grimed with coal dust and dirt. He asked who he was and where he had come from, and, -to his sur prise, found it was the young man who had tried to come as passen ger. He told the Commodore he must overlook it, but he had deter mined to fight for the South. The Commodore, pleased with his spirit, told the officer of the ship to put hirnt to some other work. One day, a certain paper passing through the young man's hands to the Com modore, he said it was very bad English, and, if the Commodore would allow him, he would correct it. This was done, and so excellent was the report as made out by the youth, that the Commodore imme diately made him the Captain's clerk. On the arrival of the Nash ville in the South, the Commodore informed the Secretary of the Navy of his appointment, and asked that it be continued; this was at once done. Soon after this Commodore Pegram was put iii command of the James River squadron, and took the English youth with him, to whom he had become greatly attached- The Commodore says more faithful or intelligent service he had never seen rendered than did that young man give to a cause for which he had left country and friends, and had come; a perfect stranger, to help them in their struggle for constitutional freedom. The fleet in the James River was, for a long while, inactive. It seems that this young man's spirit chafed, for he had come to fight, and so one night a splash was heard along side of the ship, and soon a man was seen rowing over toward the enemy- There was a general dis charge of guns at him, but it was not known whether he was hit or who he was. The roll was called, and none was missing but the young Englishman. The Commodore was very much hurt by this, but he felt sure it would be explained- A few days afterwards there was a very heavy engagement, in which Capt. Pegram's battery was in the thick est. After the fight Commodore Pegram received a message from his relative, saying there was a young Englishman with them badly wounded who wished to see him. The Commodore went at once. Capt. Pegram told him that he had never witnessed such cool bravery in his life as this young man had displayed; that he knew he had come from his ship ; he had told all the circumstances. He had swam out toards the Yankees to escape IADVERTISING RATES. Advertisements inserted at the rate of S1.00 per square (one inch) for first insertion, :tnd 75 cents for each subsequent insertion. Double column advertisements ten per cent. on above.. Notices of meetings, obituaries and tribut" s of respect, same rates per square as ordina;y advertisements. Speeial Notices in Local column 15 cents per line. Advertisements not marked with the nun. ber of insertions wvill he kept in till forbid, and charged accordingly. Special contracts made with large adver tisers, with liberal deductions on above rates. --:0: JOB PRI.i TI. W DONE WITH NEATNESS AND DISP'ATCIT. TERMS CASH, our sentinels, but had turned as soon as possible and had swam to Capt. Pegram's battery where he had taken part in the fight, and had been severely wounded in the leg and the shoulder. The Commodore had him taken to Mrs. Cary's, in Richmond, and carefully nursed. While there an order was issued for an examination of men for office in the ordnance department. Com modore Pegram furnished his young friend with books, and came two or three times a week to examine him. The Commodore says he pro gressed so rapidly that soon he found himself unable to examine him, as he knew more about it than he did. He introduced the young wounded man to a certain gentle man in Richmond who had some very fine horses. This gentleman conceived such a 'liking for the in telligent, brave young fellow that he offered him the pick of his horses if he would come out No. 1 in the examination. This the youth mod estly said could scarcely be expect ed. Well, said the gentleman, pass your examination and you shall have the second choice, The ex amination came off, and the young man came out No. 1. The best horse of the stables was given him, and still wounded and against re monstrances he reported for duty.