Historical Newspapers of South Carolina

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BY KEITH, HOYT & CO. WALHALLA, SOUTH CAROLINA, FRIDAY, SEPTEMBER i>, 1870. VOLUME V._NO. 47. IProfessioiiaJL Cards. T1I?S. M. WILKES, ATTORNEY AT LAW -AND Solicitor in Equity. -ALSO, United States Commissioner, For tho Circuit and District Conns of thc Uni j?y* OFFIOK IN THE Comer HOUSK. "@fx WALHALLA, S. C. July 22, 1870 40 ly J. P. REED, 1 f W. C. KEITH, Anderson C. ll. J I Walhalla. REED "CTKEITII, ATTORNEYS AT LAW AND Solicitors in Equity, Havo renewed their Co partnership in tho prac tico of Law, and extended it to all Civil nod Criminal business iu tho Counties of Oeoucc and Piokons. ALSO, A I, I. aUSINESH IN TUB UNITE!) STATUS COURTS. BS*- Ofllco on Public Square, Walhalla, S. C. July 18, 1800. 41 tf s. MCGOWAN^ R. A. THOMPSON, Abbovillo, C. Walhalla, S. C. M'GOWAN & THOMPSON, ATTORNEYS AT LAW, WALHALLA, S. C., Will giro prompt attention to all business con Riled to them in thc State, County, and United Slates Courts. OFFICE IN TUB COURT HOUSE. Tho junior partner, Mu THOMPSON, will also prnotico in ibo Courts of Rinkens, Greenville and Anderson. January, ion? ii JOSEPH J. NOKTON, Attorney a, t Law, All business for Pickcus County left with J. M. IIACOOD, ESQ., PICIiENS C. H., WILL HE PROMPTLY ATTENDED TO October 26, 18?8 4 tf -tm }? II. tmiTXER, WniTNER SV MMES WHINEll & S Y MMES, Attorneys at1 Law, AVA Ll I ALLA, S. C. E??jp~ Ollicc on tho Public Square. "Y??H February 1, 1870 10 " tf S. D. GOODLETT, Attorney at Law AND SOLICITOR IN B:^UITY, HAS LOCATED AT THU NEW TOWN OF PICKENS, S. C. Nov. 10, 1808 7 tf EASLEY & McBEE, Attorneys at Law, &.c, WILL PRACTICE IN THE Courts of tho Eighth Circuit. OFFICE AT NE\V PICKENS. W. K. EASLEY, I F. II. McBEE, Croenvillo C. IL ' Piokons C. Ii. Maroh 1809 23 AL'X.S.ERWIN, j JO. C. RENT LY Athens, Qa. j J Clayton, Ca. ERWIN ITBENTLY, Attorneys at, Law, WILL PRACTICE IN PARTNERSHIP IN THE COUNTY OF HAR UN, STATE OF GEORGIA. Oct 5, 1800- 62 tf Medical Notice. rpHK undersigned having porraanontly established 1 himself at Walhalla, offers his Professional services to the citizens and community at largo, for tho practice of Medicine in all of its branches! He ?111 he found at all times at his oflice at his residence, near Dr. Norman's Drug St oro, ready ?od willing to give prompt attention to all oallir .1A MbH M. SLOAN, M. D. WALHALLA, 8. 0., Supt. 18, 1809. 40-(f Wo Sink or Swim Togotlior. A I, A Y OK KN CO UH AO KM ENT. Thc following bonutiful production, from tho pon of tho gifted Wm. Oilmoro Simms, waa pub islied in tho February nuuibor of tho Jiural Carolinian : . Now row, my gallant brothers, row, Qivo way with will ?nd sinew ; Thcso sens that riso boforo our prow Will try tho musolo in you 1 Dut what's tho fear if hearts bc true ? We've but to pull together 'J7ruo IIOAVIO onU linmlo, ..ll boni to do, Will boar us bravely, bear us through;'/ And save tho ship, mid save thc crow, lu spite of wind and weather! How, brothers, row ! row, brothers, row ! Ouo long, strong pull together 1 And cheer with courage, as ye row ; What though tho tempest brewing, Works fato for m.ny a brother now, That drives, bead on, to ruin ? 'Tis not for us to shirk or shrink, Though out in tearful weither; Wo know sonic colorado's dooni'd to tink, And wc, loo, hang on Danger's brink ; Dut fear yo not ! don't stop lo thiaki Pull bravely all together! Row, brothers, row! row, brothers, row! One long, strong pull together I bend to your oars, good brothers, row ! Give way with hearty courage ! Death's just as nigh on land as now, When seas arc wolves at forage ? And Heaven's as near on sea as shoro, However wild tho weather: We've but lo ply tho manly oar, And shut our cars to ocean's roar, Nor heed thc Fate, behind, before, And bravely pull toge thor I Kow, brothers, row ! row, brothers, row ! One, long, strong pull together ! Demi to your oars, dear brothers, bend! We may not 'scape this danger Dut times of peril prove the friend, nd we've escaped even stranger. 'Tis something of Cod's law, I think, When out in angry weather, And men arc dashed on danger's brink, And all seemed dooni'd, and many sink, That oil'; and all their hands should link, And brnvclv null loorftUoi* Kow, brothers, row ! row, brothers, row ! We sink or swim together. For (he Kcowce Courier. Opinions ol' iii?- Atloi'iecy-liciicrnl. OFFICE OF THU ATTORNEY GENERAL, 1 Columbia, S. C., August 15, 1870. j A. M. Folge); Esq., Trial Justice, Eickens ville, 8. Ci DEAR SIR : I have received your com mu mention of thc Otb inst., making thc following inquiries : First, ls a jury allowed under tho present laws in civil causes before a trial justice if demanded by either plaintiff or defendant? Second. Is any provision made /or a trial justice to receive pay for issuing a summons for a juror in such'.cascs, and thc constable foi serving tho same? Third. If so, what is tho pay of each ? Replying to your first inquiry, I have the honor to say that an examination of all thc Acts of Assembly relating to trial justices leads me to tho conclusion that nc power is cou for rod on those olliecra to summon a jury in civil coses. The jurisdiction ana powers of trial justices are conferred and embraced by tho Act enti tled "An Act to define the criminal jurisdic tion of Trial Justices," passed March 1,1870, ?nd by Title V, Part 1, of thc Codo. Tho former Act relates exclusively to tho criminal jurisdiction and powers of those ofli. ocrs, and tho l&W exclusively to thc civil. Examing'uhIsC Aots, you will find that tho former Act, Scotiou 10, clothes trial justices with thc power to summon a jury, on demand of aoy party charged with an offenoo within their jurisdiction, and therein makes speoifio reference to the Magistrates' Act of Septem ber 24, 1808, for the mode of its selection. Examining Title V, Part 1, of tho Code, you will, I think, find no intimation of a jury, much less ?my provision for obtaining one. T um nwarc that Section ll of thc "Act to defino tho criminal jurisdiction of trial jus. tices" is regardod by, soir.? os authoring tho summoning a jury in civil cns>^j>ut I am olear thajt tll#subl Scotiou j^a?s-oiilv to tho criminal jwwf??miil, ?s oxmmscd in thc titln of thc Aj^H^^r uuh^flaffiuqlv reject thc iiifurcUTpTr^m that Section of a. power to .sum mon a jury in oivil ooscs. Such being my answor to your first inquiry, your other inquiries aro virtually and suffi ciently answered. I bavo only to say further that the absonoo of any provision of tho law for compensation for issuing and serving ibo summons of a jury in such oases, is an addi tional and stroncr argumont in support of tho opinion heroin beforo expressed Vory respectfully, Your obediont sorvant, D. H. ClIAMUKHJiAtN, Attornoy-Qonorol. OFITIOE or XIII: ATTOUNBY-GIONKU AL, ) Columbia, S. 0. j TV! //. Bra why y Esq., Solicitor Sixth Cir cuit, Chester pi IL: MY DBAR SIR : Yours of Juno 24th, rob a ti ve to tho liability of tho county for the pay of jurors and witnesses in Trial Justices' Courts, was duly received. I should havo replied at an earlier day but for the multi plicity of tny duties. By Section 2 of thc "Act to amend an Act entitled 'An Act to doQno tho jurisdiction and duties of County Commissioners,' " passed Marob 27, 1809, pago 273, Acts lieg. Sees. 18G8-G9, tho county is required to pay : 1st Pees of grand and petit jurors while in litton dance upon tho Circuit Court. 2d. Witness foes in State cases at thc rate of one dollar per day for actual attendance on thc Circuit Court, and seventy-five cents per day for ac tual attendance in a magistrate or justice ol tho peace Court, and five cents per mile foi actual and necessary travel. Tho "Act tc regulate fees," &e., passed March 1, 1870 page 898, Acts of 18G9-'70, fixes anew tin fees of witnesses and jurors. Referring to tho former act, it will bc scci that by section 2, paragraph 1, tho count; is not chargeable with tho fees of jurors ex ccpt "while in attendance upon thc Circu? Court." Thc latter Act, moreover, morel; prescribes tho amount of thc fee of a juroi without in any manner enlarging tho scop of section 2, paragraph 1, of thc former act. 1 conclude, therefore, that thc county is nc chargeable with the fees of jurors iu Tri? Justices' Courts. Referring again to thc Act of March 2"i 1809, it will bc seen that the county is chargt able with the ices of witnesses in State case only when "in aotual attcudanco on (1) til Circuit Court, or (2) a Magistrate or Justic of tho Beacc Court." Technically, Tri: Justices' Courts aro neither "a Magistrate ( Justice of tho Boaco C<mrt;" hut ? am di posed to think that tho description is sufii iently accurate to apply to Trial Justice Courts. Especially am 1 inclined to this i tor pre ta lion when thc hardship of oompollii wiMiessua LO atiuiiu such coures wunout p is considered. I am, moreover, well awa that such a construction is liable to be nbusi to the great detriment of t';c county, but am also of the opinion that any course on t part of a Trial Justice indicating a purpu to summon witnesses in unnecessary numbci or an intention to impose an improper hurd on thc county, would bo ground for proccc ings for official misconduct, and that t County Cominisssioncrs are in duty bound note and report to you any evidence of su misconduct on the part of any Trial Justit I ant, however, of thc opinion that thc cour is chargeable with thc fees of witnesses Trial Justice Courts. You inquire further, in case thc county chargeablo with the fees of witnesses in Tr Justices' Courts, at what rate they shall allowed ? By section, paragraph 1, of thc Act March 27, 1809, tho fcc of witnesses ii Magistrate or Justice of the Bcaco Court fixed at seventy five cents per day, with m agc. Thc Act of March 1, 1870, boforo ted, simply prescribes thc fco " in St oases " My opinion, therefore, is that tho distt tion fixed hy tho Act of March 27, 1809, tween the pay of witnesses in thc differ courts, is still of force; and that the lau fee of a witness in a Trial Justices' (Jour seventy-five cents per day with mileage Very Respectfully, Your obedient servant, JJ ClI AMftKU LAI N, Attorney-General THIRTY CKNTUIUKS 'Obi).-Tho nh relio of hutuauity extant is tho skolcton of earliest Pharaoh incased in its original bu robes, and wonderfully perfect, oonsidot its ago, whioh was deposited eighteen or tv ty months ago in British Museum, an justly considered tho most valuablo of itt chrcctogical treasures. Tho lid of the c< was inscribed with thc name of its occup Pharoah Mykesimus, who succeeded tho of tho builder of tho groat pyramid, ol ten centuries beforo Christ. Only think of it-tho monaroh w crumbling bones and leathery intogumonti oxciting tho wonder of tho numerous gu in London, reigned in Egypt before. Solo was born, and only about olovon cetiturh so after Misraim, thc grand son of old fa Noah, and thc first of tho Pharaohs bud gathered to his fathers I Why thc tido r of tho deluge could scarcely havo been c crated, or tho gopher wood kneo timbo tho ark havo rotted on Mount Ararat, \ this man of tho early world Hvod, moved had his being. His flesh and blood progenitors of tho groat pntriaroh. IQu In Indiana two "beautiful youni dien" are said to bo training for a prise 1 TH?'War lu Europe. LONDON, August 31.-Tho Prussians, con ceiving that McMahon's aim was to gain tho frontier .!ntl, effect a junction with Bazaine, atlvanocoTon tbj:eo lines. Tho Crown Prince marched '"?via Commcroy, Bar lo Duo, St. Dizier and Vitry. Tho fourth army, undor the Prince Royal of Saxony, keeping North of Bout a .Mousson, moved toward Chalons, ot thomasine timo observing Metz, while Stein metz, reinfnrci^VirVirooecdcd through Verdun t<> itheiins, his rtjkht sweeping tho Belgian frontior, in thy htfyo of meeting MoMahon. Thus, tho Ger:Vhi?? advance covered the coun try from Belgium, along tho House to tho Aube, ami reudorcd it impossible for McMa hon to reach Motz. A despatch frbtn Carignan says cannona ding was heard ??>uth ofthat place all day yesterday and Into to night. Tho result was unknown. The Emperor has certainly left Carignan for Sedan. Carignan is a few miles North east of Beaumont. PAMS, August 31-Evening.-No official information from tho scat of war was made public to day. Tho Constif?/ttionel says assurances of an Unofficial character were given in thc Cham bers, yesterday. " that McMahon had crossed thc Mouse, without opposition, and that thc Minister of Foreign Affairs had received, from thc Ambassador of France at Brussels, nows that Bazaino, on tho 20th and 27th, dis engaged his right after a successful encounter with tho enemy. Other journals herc continue to givo nows from private sources of French successes in minor engagements. Bit uss KS, August 31, via LONDON, September 1-12.30 P. M.-Thc King of Prussia sent tho following to thc Queen : '.VA !.{/:.?N.KP, .August 30.-Tho Crown Prince has been in action with thc 4th, 12th and 17th corps, and tho 14th of Bavaria. McMahon was beaten anvj driven beyond tho Meuse. Twelvo guns and some thousand prisoners and Raterial of war were captured." PARIS, September 1.-No news of a deci sive buttlo, uoT is ?t. believed that ono has been fought. McMahon simply telegraphs that he has crossed thc Meuse without harass ment Other accounts say heavy fighting by detached parties of McMahon's aud Prince filiarles' armies, with alternate, advantages. BOUILLON, BELGIUM, August ill-7 P. M.-A fearful battle was fought yesterday and to day. I Yesterday morning McMahon commenced a general movement towards Montmedy, and was attacked near Beaumont, after a stubborn resistance towards thc Belgium frontier. Thc Prussians captured a largo amount of camp stoics and drove thc French from position to position until night. Thc battle was renewed early next morning and continued ?ill day. During tho night largs L'ronch reinforce monts caine np, but failed to turn tb" scales in their favor. Thc Prussians were also rein forced largely and attacked with ovcrw iclni ing numbers McMahon, who retreated to Se dan with tho remnant of his forces. Thc slaughter was immense, lt is impossible to estimate tho loss. Tho Prince Imperial is said to be in Belgium. Tho population is Hying in groat, terror. BOUILLON, BELGIUM, September 1-S A. M.-Last night, after dark, MoMalnn with drew towards Sedan, concentrating in i strong position. <, During tho light in tho battle of Tuesday, the Crown Brinco of Saxony cap tut ed 10,000 prisoners. A nutnboro; French soldiers esoaped into Belgium, ana were promptly jHisarmod. It is rumored thar Ba zaine att-ioked Steinmetz Tuesday, but ?ho result is unknown. PARIS,. September I.-Galoisabys : Last night JMaishiil Baraguay d'Hilliers assured bis olub that a battle ocourrcd at Courioncllcs resulting in a great French victory, 30,000 Prussians wore put hors du tomb?t, and a large convoy of prisoners were captured by the French. Tho Journal des Debut says tho wagons and fifty-nine horses belonging to tho Crown Brinco were captured near Cha lons. Tho combined movements of Bazaino and McMahon hove been most successful. Tho stategio plans have been well devised and promptly executed, and directed to all w.tttk points of' tho crYemy. Tho victory at Courioncllcs is important as maintaining a prostigo against numbers. Confidctico has been entirely restored, and thc iden of a siege ridiculed. A despatch received to day from a.correspondent of tho New York Timex, on tho Prussian sido, represents that discourage mont is on tho iu .'ease, and tho cry "On to Paris!" is, becoming daily fainter. Death from exposure ond^iscaso is making fearful havoc in tho Prussian ranks. Tho Moniteur dcclaros positively that tho bnttlo at Courioncllcs was a deoided victory for Bazaino. Tho Brinco Imperial remains at Avornoss. LONDCN, Septembor 1.-It is said that McMahon disobeyed Napoleon's order to de tach 30,000 men to protect thc Prince Impe rial. Tho scigc of Strasburg continues. Great slaughter waa occasioned by thc vigorous bom bardment. A large body of French Mobiles passed tho Rhino noar Bellcngcn, twenty miles below Basin, cut tho telegraph and retired. It is reported that three nrmy corps bavo entered Prance from Raden. Thc war costs ^russia 10,500,000 fr?ncs daily, i. AKLON, BKI.GIUM, September 1.-To doy serious fighting was reported between Armig ney and Doerze. Thc Prussians entered Carignan at 10 o'clock yesterday. PARIS, September 1.-Tho exportation of grain has been forbidden imperatively. At Marseilles, a legion of 4,000 naturalized Ger mans bas been formed to join tho af my. Marseilles hos sent to Puris immense quanti ties of provisions. Thc diplomatic corps have no idea of leaving Paris with other members of thc Government, as the Empress remains, and neutral powers must ackuowlcdgc the Regency. - wm ? ? - Stonewall Jacksons Memorial As sociation. AN APPEAL TO TUE PUBLIC. The admirers of tho exalted virtues of thc late Lioutonant-Gcnoral T. J. Jackson arc uow endeavoring to raise thc requisite funds to erect a suitable Memorial to this great and good man. For this purpose agencies arc now being employed by tho formation of auxiliary Me morial Associations in tho several States, through whieh contributions are solicited in aid of tho noble work. Thc scheme contemplates thc erection of a iN^omorial Chapel at thc Virginia Military In stitute, Lexington, Ya., with which institu tion General Jackson was oonnooted fourteen years as u Professor, and near to which bis remains now lie. It is believed that snob t Memorial would bo most in harmony with tin character of this renowned Christian boro. It is proposed to place within this Momo rial Chapel a Statue, in bronze or marble, ti transmit to coming generations thc features form nnd oppression of ono whoso name nm virtues uro alike known und honored through out thc civilized world, and who was a brigit exemplar of whatever was true aud uoblo am of good report among mon. It is estimated that 850,000 will borcquir cd for these purposes. We invoke contribu lions from all who will unite with us in pay iug thia tributo to thc memory of Stoucwal Jackson. No local or sectional views restrict th scheme. It is national in its design. Th North has cordially responded to thc appeal The East and thc West aro moving in il while thc followers of Jackson in the tield au on thc march throughout tho South arc send ing forward their tributes to tho memory o their noble Chieftain. Tho funds, os they arc collected, may b forwarded by check or by express, to tho uu dorsigncd, Lexington, Virginia, who, as Pres ident of tho Board of Visitors of the Virginii Military Institute, hus bcou designated b; tho Central Memorial Association in Pennsly vania as Treasurer of tho Memorial Fund. JOHN LKTCHKK, Treasures of the Jackson M?morial Fund. Lexington, Va., February 22, 1870. fi&y* Thc wives of men of sentiment ar r.ot always tho most appreciative of womer Jean Poul represents Sicbetikos as rcadin one of Ins beautiful imaginings to bis wife who listened with eyelids cost down and bate breath. As ho closed, tho sharer of bis jo) beamed forth with, "Don't put on your lol stocking to morrow, dear ; 1 must mend th? bolo in it." So whan Sir Walter and Lad Scott were rambling about their estate, on came upon somo playful lambs frisking in meadow, "Ah," said Sir Walter, " 'tis n wonder that poets, from tho earliest tige bavo made the lamb the emblem of peace au innocence." " They arc indeed dclightfi animals " answered her ladyship, "especial) with mint sauce." ATLANTA, September 1. -Tho D?'uiocrati Executive Committco clectod Linton St< phens chairman and passed n rcsolutto recommending that tito people nominate cat didatcs for Congress nnd tho Legislature cl giblo under existing laws. Certainly, thc will bo permitted to toko their seats. WASHINGTON, Septombor 1.-Intern rovonuo receipts to duy nearly $1.000,000. Tho dobt stntomont shows a dcoroaso i 513,600,000. Coin in tho Treasury $102 500,000; curroocy ovor 837,000,000. Cu toms for tho wcok ending August 2' Sl^OQ/lOO. Wa nialia. A correspondent of thc Augusta Chronicle d' Sentinel, writing fruin Walhalla, says : Thc population is ubout 1,200 or 1,400, among whom we find n largo number of Ocr mnns. A spur of tho Blue Ridge ia in sight, mid last night they were lit up by a magnifi cent aurora borealis, which spanned nearly thc whole of tho Northern sky for several minutes, presenting n spcctoclc as groud and imposing os it.was novel aud pleasing to tho spcotator. ] " ' - There is a large hotel hero kept by Mr. D. Riemann, and has a large patronage. There is also a barber shop, t wo or three bar rooms, and other evidences of modern civilization, which give thc placo a distinguo and city liko appearance. Tho town ts pretty much all oa one street, which is over two miles in length, and thc houses and stores arc somewhat scat? tcrcd. It is improving, however, and seve ral new buildings aro in process of construc tion. Walhalla is now tho county town of Oco ncc county, willoh was manufactured by tho Radicals since thc war. Thc Court Houso is a new and neat building. A male college is located herc, of which Rev. Mr. J. P. Smcltzcr is the President. lt has a competent corps of instructors and a goodly attendance of students'. Wo had tho pleasure of meeting Mr. S. and his accom plished lady, both of whom aro strong South erners, and well known to some of your citi zens. Thc Kcoicec Courier is published nt this place, by Messrs. Keith, Hoyvf& Thompson, and is an ably edited and interesting journal. It is an earnest advocate of the Reform party, and deals some heavy blows at thc Scott Re publicans. Col. Logan, of thc Kingstreo Star, left herc this morning. ?lo lins been rusticating iu this neighborhood foi some weeks, lie is a very pleasant gentleman, and an excellent journalist. Aud as wc look out upon thc blue peaks of thc distant mountains, Squibbs disturbs our flights of fancy with thc following quota tion from '/Bingen on thc Rhine," "ultercd to suit circumstances :" "I sec thc JJluc Ridgo sweep along, and hoar, or B. cm lo hoar, Thc songs thc lennans used to aiog when drink ing lager beer ; And up thc slanting river, and down the pleasant hill, I hear those dormans driakiug yet and sec them singing still !" That was, of courso, produced after taking a couple of glasses of Bicmann's lager, and breathing thc puro air of this poetic region. Tho Editor of thc Edgcficld Advertiser says : '.Tho Editor of the Kingstreo Star has been on a visit to Walhalla, and writes to his paper a delightful and instructive letter con cerning this new town, and tho. region sur rounding it. Judging from his account, Walhalla is thc, Cnnaau of South Carolina. Wo believe it is." lust ructions irons tho Nial? Exec utive Committee. Tho Exocutivo Committee of tho Union Reform party beg leave to report tho follow ing plan of organization for each comity, and urge its immediate adoption. You aro oharg cd with naming tho central executive commit toc residing at tho courthouse, and wo sug gest that you name some of cither color, if praoticablo, aud uot let your committee bo too largo : 1. This committee must immediately np poiut a sub-committee for each township, beut, or some othor practicable division. 2. Each sub-committoo should proceed ot onco to organize its section iuto clubs or 80* oieties. 3. Each club or society should appoint an active, intcirgeut man to make a list of overy votor in his township or scctiou, with his po litical proclivities opposito his naino. 4. These lists should bo forwarder', to tho central coiumitto at thc couvthouso, and con solidated, each club keeping a copy. 5. Every tuan favorable to tho Reform movement should bo assigned tho duty of in fluencing ono or moro votes, nod take cliargo if them on tho day of election, and seo that they reach tho polls, or romain awoy if un favorable; and whon tho voters have no transportation, soc that it is provided. 0. On tho day of olection, two or thrco dis Brcet and intelligent mon should bo assigned by tho central executive committee to go jo ?oeh election precinct, with a list of tho voters ilphabctically made out, and keep an nooount >f tho voters and chnllcngo illegal voters. J. B. KF/RHHAW, Chairman. E. \V. SEWLER, Sccrotary. jjISr" Novor purchase lovo or friendship by gifts; when thus obtained, they aro lost OB tooq as you 6top pnymont.